Anonymous
28 June 2014 at 00:41
My mother had filed an FIR against a person and it was registered u/s 420 & 406. The person was sent to judicial custody & was released on conditionsl bail. Later on we were told by the police next hearing is n june and later on using some influence the case was disposed and my mother was not even informed or called to the court.Say the case is reopened or challenged by a lawyer can he demand an arrest warrant from the court. Is d person arrested again after FIR is reopened and evidence is dere along with the fact that there has been gross manipulation of evidence.
Paul Moses
28 June 2014 at 00:34
What is a showcause notice in a DV case. My wife has filed a DV case by suppression of many facts including the fact that she filed for a divorce a year ago from a separate jurisdiction and that 6 months before filing the case she has a fir on her name for criminal intimidation. Likewise many facts were hidden and brought to the notice of the concerned magistrate and a showcause was asked to be given by my counsel. What does this imply ??
Alok Agarwal
27 June 2014 at 23:41
Dear Sir/Mam,
Thanks for having such a legal advise platform!
In August 2013 I gave loan of Rs. 2 lacs to a known friend through NEFT from my personal account. Than in November I gave him cash loan of Rs. 120000 out of my income received in cash, which I showed in Balance Sheet and paid income tax on it. Than again in May I gave him cash loan of Rs. 50000 by withdrawing it from my account. Now he issued cheques with June 2014 date for all the above amounts separately in my name. Except for Rs. 50000 he has issued cheque in Self (no name on cheque accept Self) with signature also on back of the cheque. Now he has become defaulter and said that he won't return my money. I asked him to issue cheque of Rs. 50000 in my name, but he refused.
My question is that Cash loan is recoverable or not. Also whether the self cheque he has given is liable to get paid under section 138?
I have no worry for loan given through NEFT.
Cash loan given to him had been given out of my taxable income and as of now my personal balance sheet shows Rs. 170000 cash in hand, which I gave as cash loan.
I have already paid tax on such amount.
Or I have to show this amount of 170000 in my balance sheet as Cash Loan to XYZ instead of showing it cash in hand. Please advise!
Would appreciate your advise!
Alok Agarwal
27 June 2014 at 23:29
Dear Sir/Mam,
Thanks for having such a legal advise platform!
In August 2013 I gave loan of Rs. 2 lacs to a known friend through NEFT from my personal account. Than in November I gave him cash loan of Rs. 120000 out of my income received in cash, which I showed in Balance Sheet and paid income tax on it. Than again in May I gave him cash loan of Rs. 50000 by withdrawing it from my account. Now he issued cheques with June 2014 date for all the above amounts separately in my name. Except for Rs. 50000 he has issued cheque in Self (no name on cheque accept Self) with signature also on back of the cheque. Now he has become defaulter and said that he won't return my money. I asked him to issue cheque of Rs. 50000 in my name, but he refused.
My question is that Cash loan is recoverable or not. Also whether the self cheque he has given is liable to get paid under section 138?
I have no worry for loan given through NEFT.
Cash loan given to him had been given out of my taxable income and as of now my personal balance sheet shows Rs. 170000 cash in hand, which I gave as cash loan.
I have already paid tax on such amount.
Or I have to show this amount of 170000 in my balance sheet as Cash Loan to XYZ instead of showing it cash in hand. Please advise!
Would appreciate your advise!
Alok Agarwal
27 June 2014 at 23:19
Dear Sir/Mam,
Thanks for having such a legal advise platform!
In August 2013 I gave loan of Rs. 2 lacs to a known friend through NEFT from my personal account. Than in November I gave him cash loan of Rs. 120000 out of my income received in cash, which I showed in Balance Sheet and paid income tax on it. Than again in May I gave him cash loan of Rs. 50000 by withdrawing it from my account. Now he issued cheques with June 2014 date for all the above amounts separately in my name. Except for Rs. 50000 he has issued cheque in Self (no name on cheque accept Self) with signature also on back of the cheque. Now he has become defaulter and said that he won't return my money. I asked him to issue cheque of Rs. 50000 in my name, but he refused.
My question is that Cash loan is recoverable or not. Also whether the self cheque he has given is liable to get paid under section 138?
I have no worry for loan given through NEFT.
Cash loan given to him had been given out of my taxable income and as of now my personal balance sheet shows Rs. 170000 cash in hand, which I gave as cash loan.
I have already paid tax on such amount.
Or I have to show this amount of 170000 in my balance sheet as Cash Loan to XYZ instead of showing it cash in hand. Please advise!
Would appreciate your advise!
pankaj
27 June 2014 at 22:58
my grandfather bought a flat in new delhi in 1960 for Rs 20000 .
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the property was inherited by my father in 1995 .
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which in turn was inherited by my mother and I , after my father passed away in 2001.
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in May this year 2014 , we have sold this property for 3.25 Crore
my father had spent Rs 5 lacs for building a structure on the second floor in 1996.
there are a couple of points i would need clarity on :
- the indexation of fair market value of property would be considered from 1 april, 1981 or from the date my mother and i inherited the property from my father i.e 2001 .
- my mother and i could invest 50 lacs each in tax saving bonds(NHAI, Rural electrification scheme) or is it the combined limit .
could you help me with the calculation of capitals gain . i would really appreciate our help in this regard .
thanks
pankaj
Apurva
27 June 2014 at 22:24
Hi,
I m 24 , I have done MBA in finance & doing ICWAI(CMA).& I m working as well .I wanted to do LLb..whether I m eligible ? can working people do LLB? and if yes then which is the best institute/college from where can i get the degree..Please guide me..
amit
27 June 2014 at 21:42
Can prosecution present witnesses in the sessions court(appeal) which didn't came for cross examination in the trail court?
pushpakrishna
27 June 2014 at 21:11
dear Experts,
If a person given a cheque which was bounced due to Account Closed ,
Whether i have to file a case directly in the Magistrate court OR hav to give complaint to the Station House Office (Police )generally U/s 420 cases we have to file a complaint before the police first.kindly advice in this regard.Thank you.
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S.r.a.
Already Put Up Area under section 33(10):
1. Plot situated at village chembur, Ownership-State Gov.of Mah., Zone- R
2. As per P.R.C. Area of Plot =5450 Sq. Mtr.
3. As per Ann. II issued by add. Collector area of plot=1560 Sq. Mtr.
4. LOI granted to this 1560 Sq.Mtr. Plot on 29th October 2010.
5. Total # of slum dwellers as per ann. II =65, Eligible-32(res-20, Comm.-10, res cum comm.-2, consent-31 nos.(96.87%).
6. Complaint filed against bogus irregularities by our society to S.R.A./Collector/ Add. Coll. Where 8 irregularities where confirmed by collector.
7. LOI extension granted or not we did not follow.
1. Ours Sangh Comprising of 54 commercial hutment dwellers surrounding this 1560 sq. mtr. Plot in L shape(which till now is not included in the S.R.A.Scheme).
2. Our Sangh is certified by the Societies Registration Act, 1860 on 24th December 1979 and also registered by Brihanmumbai Dharmaday Ayukt (1950, clause 29) on 29th May 1980.
3. Recently 4 years before we formed a Trust out of our society.
As per now:-
1. Developer is ready to include all these 54 comm. + 12 resd. Structures in the already submitted scheme.
2. Ours 52 members have agreed by signing in our rough minute’s book for 4 of our members who were represented for the discussion with the developer - to be their representative.
3. Developer has agreed for an M.O.U. type understanding which can be registered in the court of law with three members of our society who have taken the undertaking of representativeness.
4. Developer, our comm. Shopkeepers have agreed to go with the rehabilitation project with the below said important points =
a. Each commercial structure will get the same area as per photo pass/usable whichever is larger as per now.
b. Every comm. Structure who will be non-eligible will be made eligible/or compensated with the free sale component.
c. Comm. structure locations will be approximately same as per now existing.
d. Commercial structures possessing larger area will be compensated by free sale component which will be notified in the registered agreements forwarded to S.R.A. .
e. 8 members of the adjoining C.T.S. will be included in the rehabilitation scheme.
f. Any advantages forwarded by the authority will be passed on to all comm. Structures such as height extension as our shops have RCC slabs with ground +1 usable area which were granted by B.M.C. for earlier setback road line.
g. Required documents by S.R.A. such as Consent letter & annexure will be first put up , surveyed , plan prepared shown to comm. Hutment dwellers and the put up for approval with the registered agreements.
h. Rent of the demolishing structures will be decided later after all approval by the concerned authorities are taken by the developer.
I . Structures allotted in the redeveloped building must have approximately the same location of the road as per residing now.
j. As per S.R.A. guidelines new / changes in chief promoter, secretary must be done .
Want from you sir =
1. Understanding/ authorizing letter for the 3 / 4 members given by other members for involving in M.O.U. /similar letter with the developer for welfare of the comm. Structures.
2. M.O.U. or similar letter which can be binding & registered in the court of law.
3. Any other letter which can be binding in the court of law.