Anonymous
27 August 2020 at 21:05
I need some advice regarding CIVIL APPEALS IN HIGH COURTS IN INDIA.
My Questions are:
1) During Civil Appeal in Indian High courts whether the case goes to SINGLE BENCH OR DIVISION BENCH.
2) If the decision comes from a SINGLE BENCH in the High Court is not lawfully correct in CIVIL CASE,
IS IT POSSIBLE TO AGAIN APPEAL IN THE SAME COURT IN DIVISIONAL OR LARGER BENCH Before going
to the Supreme court?
Please clarify, Thank you.
Anonymous
27 August 2020 at 20:54
Hello Lawyers,
My Grandfather has some ancestral property.
In 2006, My Grandfather made a will and distributed the property in the name of all son except my Father.
In 2007, My Father came to know about this and he met a lawyer, lawyers gave him wrong advice and told him to file " SUIT FOR DECLARATION AND PERMANENT INJUNCTION"
In 2010, The suit got dismissed with reason " MERE SUIT FOR DECLARATION IS NOT MAINTAINABLE"
In 2012, The appeal got dismissed
Then MY FATHER left the case and didn't appeal further.
My question is:
After the death of my Grandfather when the property gets transferred to the next generation, WILL THIS CASE CREATE THE PROBLEM OR MY FATHER WILL GET THE SHARE AS USUAL?
BECAUSE THE JUDGEMENT IS NOT CORRECT.
Please Guide me on What to do in this situation.
Raghu Chilukuri
27 August 2020 at 16:53
sir, property purchased by father in name of his daughter , after daughter marriage daughter was expired . Now property goes to whom
vinay Singh
26 August 2020 at 21:36
Sir i have got selected in railway but in my attestation form i have mentioned about the case 498a and domestic violence is pending against me in court .so what i have to do for rwmoving my name from case or anything else to get the appointment.
abhijit majumder
26 August 2020 at 16:40
Respected Experts
A person appointed as a Company Secretary in a Company(A 100%State Govt Company) on 01.012.2008(as per Form 32 of Companies Acy,1956). He removed on 30.06.2020. Now he claims Gratuity under Gratuity Act,1972.
While checking his eligibility for entitlement of gratuity the following irregularities are surfaced:
1. He was appointed by the Board only for 1(one) year in its Board meeting held on September,2008 at a fixed remuneration. Although the resolution states about Terms & Conditions there is no such terms & Conditions.
2. In March 03.03.2010 in a Board meeting just by referring that as CS is mandatory he obtained a departments (Finance Dept of the state of WB) permission, note it before the board . But suppressing the fact before the Finance Department that “by virtue of MCA notification dated 01.01.2009 effective from 15.03.2009 the appointment of CS in a Company upto 5 crore capital is not mandatory (the Company’s capital Rs2.5 Crore).”
3. Form 32 which is essential (shows) his Date of appointment was 01.012.2008 (He appointed on September,2008). Attachment with Form 32 does not contain any Board Resolution copy nor there is any appointment letter.
4. The PAN in Form 32 shows ACIPR7015A but when I call for his PAN for filing DIR 12(Which is required for cessation from Secretary)he gave me AJTPR0310C and said as he had not received PAN Card in respect of PAN : ACIPR7015A he applied for another PAN ie AJTPR0310C since 2010. That he runs both PAN at the same time since 2010. Further his spelling of his surname is different as per PAN record.
My query is On the Basis of the points 2 and 4 can I call the contract as void contract ( specifically because of suppression of fact and false declaration) so that he will be prevented from claiming gratuity.
ABHIJIT
sajoli
26 August 2020 at 15:59
Dear Experts ,
I have purchased leased rights of flat at Mumbai in the year 2008 in landlordship/Pagdi Building at that time landlord was not traceable, there was a Proposed Society to pay taxes and take care of the said building who had given me maintenance receipts for 3 months and transfer Notification on Proposed Society letterhead, after selling flat tenant turn dishonest so I approached City Civil Court for specific performance in the year 2010, after that this tenant approached to Small Cause Court for L. E. & C. in the year 2014 but till date no favourable order for tenant, now in 2020 New landlord sent Eviction Notice to tenant and me on for subletting the flat, on verifying the pervious and new landlord sale agreement there is a clause that previous landlord is selling this property on as it is where it is basis in year 2015.
There is no Leave and licences agreement but there are monetary transaction and transfer document is there which is also accepted by tenant. Now what should be my stand?
Please Experts give your valuable opinion.
Anonymous
26 August 2020 at 12:37
Can a client file a lawsuit against director of a One Person Company (OPC) if they are not satisfied with the quality of services provided?
My understanding is that since the OPC is a separate legal entity, if the lawsuit is filed against the company the liability of the director is limited by his/ her shareholding in the OPC, and does not include any personal assets of the director.
Vivek Pasi
26 August 2020 at 12:04
Can a person belonging to Scheduled Caste/SC category buy a land that belongs to Scheduled Tribe/ST?
Chandan Y V
26 August 2020 at 02:12
Dear sir/madam,
My grandfather has 5acre of land. Both grandfather and grandmother has dead 3years back without any will on property but ownership is in still on there name. He is having 2sons and 3 daughters. 1daughter i has dead. 2daughter and 2sons were living. 1st son is not having any children. 2son is having 2 children and 2daughter having 2 children each. We need to transfer the onwership of the land to our name. Can we transfer ownership without making a pouthi katha to elder brother? Which can be divided or is it compulsory to transfer pouthi katha to eleder brother and to then from we need to beg him? Please clear my doubts.
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Reduction in stamp duty from 5% to 2% - refund of paid amnt
Respected Sir / Madam,
The undersigned seek your expert advice on the below.........
I have paid the stamp duty @ 5% on 5th August, 2020 against purchase of Flat in Mumbai.
Sale Agreement is not yet executed before the Sub Registrar/concerned authority.
Because due to pandemic/corona fear the property owner was not in Mumbai till the announcement of reducing stamp duty by Govt of Maharashtra.
The Government has issued GR to get the benefit to the new property purchasers.
1. Can I get the benefit of the changed ratio of stamp duty?
2. Can I withdraw the amount (huge) paid on 5th August, 2020?
3. What reason should I mention in the application form? because one AFFIDAVIT has to be file before the authority stating reason therein to withdrawn the money from government treasury.
I approached advocates locally but no one is aware properly about the right procedure.
Please guide.
Thanks in advance.