G.Padmanabhan
03 June 2015 at 08:34
Dear Experts,
Can a party to a sale instrument, pay additional stamp duty demanded by the registering officer, UNDER PROTEST, and then lodge a claim for refund. Is there any special procedure to make payments under protest. How does one make payment UNDER PROTEST?
G.Padmanabhan
17 April 2015 at 10:21
Dear Experts,
Wife filed for maintenance u/s 125 Cr.P.C. in a magistrate court. Maintenance was ordered. Husband appeals against the order. Appeal not yet admitted by the High Court. Pending admission for several months. Husband had already filed for divorce in a family court. Huge arrears of maintenance pending. Wife files an application for stay of matrimonial proceedings till arrears of maintenance is cleared. The registry has questioned the main tenability of the Stay Application filed by the wife. Any judgments in favour of the Wife?
G.Padmanabhan
16 April 2015 at 22:49
Dear Experts,
Land & building was purchased under a registered sale deed in Tamil Nadu. Stamp duty was paid on the valuation declared by the parties to the document. There after based on internal audit the Sub Registrar demanded additional stamp duty based on the valuation determined by the internal audit team. The Buyer paid the stamp duty without challenging the revised valuation. Now it has been 15 months since the transaction. Is there any way to challenge the valuation determined by the Sub registrar and obtain any relief. (now it transpires that the valuation determined by the Sub-Registrar was arbitrary and way above the guide line value fixed by the Government, But as the buyer was in a situation to deposit the title deeds with a financial institution, he paid the stamp duty on the value determined by the Sub-Registrar. Is there any avenue open to the Buyer now to obtain any relief,
G.Padmanabhan
03 July 2014 at 08:11
Dear Experts,
A Branch of PSU bank sold a mortgaged property in public auction after initiating recovery proceedings in a civil court. The borrower claims the property was sold for a price way less than its market value/intrinsic value. What are the legal remedies available to the borrower. Can the sale be impeached, now that the sale is complete, If so, what is the appropriate legal action?
G.Padmanabhan
24 April 2013 at 12:54
A proprietor ship company has got two dishonoured cheques issued by a private limimted company.
My query is
1. Notice should be issued in whose name? The proprietorship firm's name or the proprietor's name?. Complaint should be filed in the name of the firm, or in proprietor's name?
2. Should notice be issued to all the directors? or it is enough if it is issued to the authorized signatory of the dishonoured cheque.
G.Padmanabhan
18 December 2012 at 09:38
Sirs,
One finance corporation had filed a case under 138 NI act against one of its borrowers. Subsequently, the loan account was assigned to another company. Can the successor prosecute the case, standing in the shoes of the original lender?. What are the steps required to be taken by the successor to be able to prosecute the case. The cheque in question was issued in the name of the original lender.
G.Padmanabhan
27 November 2012 at 18:16
In a petition by wife for divorce on the ground of cruelty, the husband wants to concede divorce, without admitting to the allegations. What are the implications of such course. Wife is not agreeing to consent divorce. Can the court be asked to treat it as a petition for divorce by mutual consent. Is any other course open to the husband in the said circumstances.
G.Padmanabhan
11 September 2012 at 20:39
An ex parte arbitral award was passed against a respondent at Chennai in the year 2007. The award holder has instituted Execution proceedings in 2011 before the High Court and the High court has transmitted the award to a local court in madhya pradesh for execution, certifying that the ward has not been satisfied in full or in part. Is there any way out for the respondent to defend the EP before the local court in M.P.? Can he pursue any legal proceedings herein Chennai to set aside the arbitral award? Would our experts please guide?
G.Padmanabhan
22 July 2012 at 19:20
An indian citizen enters into a contract on a foreign soil with an MNC to work in one of their subsidiaries registered under the local laws of its location. In the event of a dispute in the employment contract, which courts will have jurisdiction
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Further action against magistrate's order
In a maintenance case filed by a wife against her husband, claiming maintenance for herself and her daughter, under Sec.125 Cr.P.C., the wife does not examine herself, but the daughter files proof affidavit against her father. When the case was filed, the daughter was minor and the petition was prosecuted by her mother. Before the matter reached trial state, the guardianship of the daughter was obtained by her Grand father under Guardians and wards act. At the stage of trial, the daughter (now turned 18 ) filed proof affidavit. The husband objected to the competence of the witness to swear to the proof affidavit on the ground that under the guardians and wards act, the minority of the minor person extended upto 21 years. However, magistrate has dismissed the application. What is the remedy available to the husband. Whether an appeal or revision will lie against the Magistrate's order?