Babu
29 May 2015 at 21:10
Hi Experts
I have taken a lease house for period of 2 years in Bangalore from 06 June 2013 and unfortunately being uncomfortable with landlord’s restrictions, I have proposed to vacate the property start of the 6 months itself. They have displayed the to-let board almost from 1.5 years back itself but till now lease is not terminated.
After asking numerous times all the time landlord was saying he has to get another party to refund my lease amount. I have given 3 months lease termination notification in last 9 months back itself but they have declined to acknowledge my notice.
Now the lease agreement will be ending on 06th June 15, but till now there is no communication from the landlord about lease end procedure. I have also served 30 days notice to vacate the premises via registered post. I have clearly mentioned in my notice that my 3.5 years kid joined to the school in the different locality of the city and I am no longer able to stay in the current house after 06th of June 2015. (As per agreement this date is lease end date). My kid has to start his school from 03/06/2015 onwards.
Still the landlord not acknowledged anything, when I approached them they are very irresponsible about it and all they saying is still someone has to occupy the property to release my deposit of 7.25 lakhs.
I have to repay my personal loans to the bank using this deposit and important fact that I have to move to different locality immediately due to my kid’s school. I need to end this lease on 06/06/2015 at any cost.
Landlord also stating that I have not paid 7 lakhs at one shot, I have paid everything using bank cheques and I have all legal proofs of payment.
Your prompt advise much appreciated in this matter as what next step I can do to vocate the place immediately and help my kid to not to suffer without school.
Kind regards
Babu
vikramsharma
29 May 2015 at 21:02
A and B are two brothers.B is living in a house which is constructed by A on his own land with the permission of A. but now B is creating nuisance for A every day. now A wants to file a suit for B's eviction but does not know where to file the suit or which court has the jurisdiction to file the suit.
the land on which the house is situated is a revenue land under U.P Z.A.L.R.act and its nature is not changed under sec 143 of the act but the land is not used for agricultural purpose.
possession of B is a permissible possession because he takes the permission from A to reside in that house and it is clearly mentioned in sec 209 that person having permissible possession can not be evicted through sec 209 of the act.
NOW THE MAIN QUESTION IS THAT WHERE A CAN FILE A SUIT TO EVICT B AND UNDER WHICH LAW .
VISHNUMURTHY CHADALAWADA
29 May 2015 at 19:26
Sir,
On the instigation of my mother-in-law, my wife started nagging me to take up higher education or take a shift from his present job to settle in USA. Day by day, this increased. After my wife have decided to go for divorce. Now she is black mailing me. At present on deputation I have been staying in abroad for three months. My parents previously staying at my wife ‘s place by virtue of promotions they shifted and settled in other place. This is the main case .
Later,
I came to know through woman Police station through my parents that My wife has filed a false Criminal Case against us suppressing the facts duly mentioned in my letters already sent her in advance. I decided to give as follows:
UNDERTAKING
I, AA S/o BB H/o Smt CC presently working at Consultancy Service, DD undertake that as per will of my wife before my elders and leaving separately from me about 11 months at in laws house in EE, I am giving acceptance amicably in a mutual understanding for divorce. I send this consent undertaking through my parents.
Date. ( AA)
What is my fate and parents, give reply as early as possible. At present I am in abroad and my parents are attending woman police station for mutual understanding .Murthy
Anonymous
29 May 2015 at 18:58
I have few queries and will be highly appreciated if can get there answers.
I issued cheques and it's been bounced and I am not receiving summons for the same, on last hearing nbw was issued and on next date court asked to go for 82Cr.P.C. I am not living on the address mentioned in summons but my parents are, now my query is that what next will be done?
If I won't appear on next date even then what can be done next by court?
I read somewhere online tht after tht court can attach my property whether movable or immovable to recover the money but I do not have any property in my name so what will happen in that case?
I don't want to appear as amount is too big (1crore) and I don't have even 1%of that to give so kindly suggest me what next going to happen?
I want to know the next steps which will take place if I will keep missing the dates?
Thank you
Nirbhay Sharma
professional
29 May 2015 at 17:54
A died leaving his widow and a son as his only legal heirs. A was the owner of a house the ground floor whereof was commercial and occupied by various tenants and one portion of the ground floor was in use of the son for his business. The widow and the son were residing on the upper floor. The widow filed a suit against her son claiming that upon the demise of A, under his Will she had become the absolute owner of the house; that the son was merely a licensee in a portion of the ground floor and which license came to an end on the demise of A; that the son had however failed to vacate the said portion of the ground floor. The widow sought a decree for injunction restraining the son from selling transferring or parting with possession of the portion of the ground floor in his occupation. The son after some contest gave a statement stating that he will not sell, transfer or part with possession of the said portion of the ground floor and the suit was disposed off. On the demise of the widow, her brother filed a second suit against the son claiming that the widow under her Will bequeathed the house to him and claiming possession not only of the portion of the ground floor in which the son was had been running a shop but also of the upper floor. The defendant contended that the suit was barred Order 2, rule 2 of the CPC.Is the suit barred by order 2 rule 2 ?
sanjitroy
29 May 2015 at 17:27
Dear Sir,
can you explain in details adjustment of input service tax against payment of central excise duty & what is the process to adjust the input service tax & time bound for service tax credit.
1)input service is taken for advertisement,telephone bill,commission bill on cc loan & rent of the factory of the product.
2)for the month of dec-14 we forgot to take adjust of all the input service tax bill,can we now adjust remaining input service bill against excise duty payment for the month of may15, (note-advertisement bill is not yet paid to the vendor)
madhubala
29 May 2015 at 17:16
Sir/ Madam,
I want to buy a property in Kolkata. It is in residential area, but I want to use it for commercial purpose. What do I need to do for it. Can I start the business right away or I will have to take permission from the corporation.
Please help me.
Sincerely,
Ayan
Dr.T. VENKATESHAIAH
29 May 2015 at 16:46
Respected Sir,
I am really impressed your answers to the queries raised by other employees who are having critical doubt on service matters.
I need to seek your kind help and suggestion to proceed further on fixation of my salary. The following few points will facilitate to you to extend your expert advise in this matter.
1. A State GOVT PSU had advertised for the post of Director (Finance) on 23.05.2009.
2. In response to the above advertisement I had applied for the said post through proper channel.
2. Based on my eligibility the company had invited me for the interview on 09.07.2009. The company did not issued appointment order immediately.
3.State Government had issued a direction on 14.10.2009 & 6.6.2012 to the company to appoint me to the said post.
4. The company has issued appointment order on 19.01.2015 for the said post.
5. Reported for the duty during February 2015.
My humble request you kindly advise me on the following points.
a. There is delay in issue of appointment order more than six years by the employer and no fault from my side. therefore, Salary has to be fixed from the date of issue of direction/order issued by Government from 14.10.2009.
b. I had forwarded my application through proper channel and I was in the central Government Pay scale of 37400- 67000 with Grade pay of 8700/- my total grass salary drawn during January 2012 was Rs.94,890/-
(under central Government pay scales)
c. Presently I am drawing salary of Rs.88460/- in the present organisation (State Government organisation) with their minimum pay-scale.
d. Kindly advise me whether I am entitle for additional increment for the six years from the date of issue of direction from Government on 14.10.2009 & 6.6.2012.
e. The company has delayed to issue of appointment order with one or the other reasons more the six years.
f. My present salary is lesser than the earlier salary drawn by me.
g. Kindly advise me under which provision I can request our employer to protect my salary. Intentionally, my employer had delayed more than six years to issue appointment order.
I will wait for your kind advise in this regard.
Thanking you sir,
T.Venkateshaiah
Jatin Biswakarma
29 May 2015 at 15:51
Dear Experts...this is a real situation...please reply...company wants to reduce its future PF burden after considering increment in basic salary.
Company is paying PF on the Full Basic Salary, say on 26,000/-. There are other components in addition to this basic also. Can the company frame a policy to pay PF only upto the statutory limit i.e. on 15,000/- instead of entire basic of 26,000/- which every year increases after increment.
Please give reference of relevant section or precedents if possible. If yes, then what will be the procedure to be followed by the company?
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Execution of nbw in ni act case
Dear Sir
I need your advice with regard to the problem I am facing since last 4 years.
I have filled a complaint in one cheque bounce case under NI Act in 2008. The procedure was well followed as per law. The accused attended in 2011 and examination was done. I have filled final affidawit with all documentary proof in 2011. From then the accused and his lawyers stopped attending court.
In jan 2012 the NBW was issued in accused. But due to the accused paying bribes etc the police people are not executing since last 4 years. I have tried all the ways. Requested police people right from Commissioner of police to station inspector. But all my efforts went with nil effect.
I am unable to get justice since last 8 years. I have lost all hope that I can bring the accused before court through police.
At this stage, pl advice me the 'other alternatives and opportunities' available to me only 'to bring the accused before court'.
PL ADVICE