Sourav Chatterjee
19 October 2014 at 01:55
Husband: aged about 65yrs. Retired as managerial personnel from a nationalized company. Not enjoying any Pension. Had a critical heart surgery in the year 2013. Owner of a two storied house situated in Kolkata. Possessed near about Rs. 25 lac in his Bank a/c. Have an extramarital affair with friend’s wife, for which such friend has the knowledge but he used to encourage it as he has another extramarital affair. Always neglect his only son, it is growing day by day. Always remarks in negative languages to the son and to the near & dear ones about the son.
Wife: aged about 59yrs. State govt. Grade A employee. Suffered from heart attack twice. About to retire within 4/5 months. In all of her bank a/c the registered nominee is her husband or the secondary holder of such a/c. always worried about his son’s future. Try to save her son from the negative shade of her husband. Aware about husband’s external affair but ignored the fact as she was fully focused in her career and son’s upbringing.
Son: aged about 28 yrs. Passed M.tech. continuing further study. Working in a central govt. organization on contractual basis. Married. Have a 2yrs aged daughter. Support his mother’s feelings.
Other Facts: wife spent lots of money on husband’s critical heart surgery, invest her money for the construction of such two storied building on the husband’s land and the property was mutate in the name of the husband. son suffering from a critical spondylitis problem but it is curable by expensive treatment. Recently it was noticed that the influence of the extramarital affair of the husband increased and the Husband is willing to sell the two storied building by depriving the wife and son and he also denying the paternity of the son and always prayed for wife’s death.
At this situation:
1. The wife needs divorce but she willing to stay in that house as she has no other option to stay other place else due to insufficient savings and furthermore she also wants to establish her son’s right in that house and want partition of the property in three parts i.e. in between husband, wife and son.
2. Husbands not willing to give divorce as he would be the family pension holder after his wife’s death (remind that wife had suffered from second heart attack in recent past) and he had told this several times to his wife also.
Now my question is how the wife and son establish their right over the residential property in which they used to reside long 14 years and how the wife may deprive the husband from enjoying the family pension and her other savings after her death?
Sourav Chatterjee
19 October 2014 at 00:42
original tenant and landlord died more than 5 years ago. Partition of such property was not done by the three sons of the deceased landlord. elder son of the landlord issued rent receipt on behalf of the others to the grandson of the deceased tenant. from July,2011 landlords declined to receive the rent. now in the year 2014 landlords directly and indirectly forced tenant to vacate the property. what would be the remedy for the tenant? tenants are from west Bengal.
Sourav Chatterjee
19 December 2013 at 00:19
A student from kolkata admitted in a private university of Himachal pradesh through a study cum exam center of kolkata. Dispute arises regarding unfair trade practise because of non-approval of University by UGC to affiliate such kind of study center.complaint case filed by student in kolkata, university and study centre took the plea of forum selection clause of university's brochure where it was printed that any dispute regarding admission, course or any dispute to be adjudicated at the district court or forum of university and the student put his signature on the application form after knowing all the rules and regulations. Showed a judgement "2004(3)CHN 27" of Calcutta High Court by justice A.Banerjee. Is the forum selection clause applicable in Consummer forum?
Rupesh
30 October 2013 at 13:52
dear sir
my client is labour contractor during FY 2008-09 the principal has deducted TDS on total labour contract payment and my client has not filed return of income. Now he has received notice from income tax department asking him to show his return of income, now my client can file his return for fy 2008-09 & onwards what will be the total amount of penalty till date? can he save himself from penalty of rs. 5000/- and how?
2.i want to file his return u/s 44ad presumptive taxation @ 8% on total receipt can i file the same and should he get all the deduction for that year.
3. can he get his tds as refund with interest by filling IT return now???
kindly suggest
Nushi
30 October 2013 at 08:50
Hello to all,
I have a query regarding District CF the cases where i am defending Nationalised Bank. all my cases are having same facts that
1)the Complainant goes to ATM
2) withdraw 10 thousand which does not come out but still get debited from the account
3) but in the JP log Report ( the only Proof on which we rely and submitted already) transaction was successful
4) CCTV footage Remains secured only for 90 days therefore no proof left by the time summons received & case proceedings get started.
Till date i have faced these issues only,,,if any adv. expert in same mentioned matter kindly advise as i am new in this profession,,,I would appreciate the concern.
Thanks
P.C. Joshi
30 October 2013 at 00:33
Dear Sirs,
I applied for information to a Public Authority in U.P. Govt and sough information on 5-6 points. They supplied me partial and incomplte information. I again sough information on incomplete points and some more points. They again sent me the same reply just changed the date of the letter. Thus, I have not received complete information.Please advise me what is the next court of action. Can I file an appeal to the appellate authority under which sec. of rti act or should i write the same authority to funish the complete information. Pls advise.
Thanks
P.C. JOSHI
Sourav Chatterjee
21 August 2013 at 10:22
A Kolkata based study cum examination center advertised and admitted a student for B.tech on behalf of a UGC recognized Private University of Himachal Pradesh. After payment of Rs.15,000 as registration and admission charges in two installment, the student got two identity cards from that study center and the university also; he had been provided an university registration number on the above study center's letter head, all the procedure was done by the study center. But after few days of conducting classes the study center stopped taking classes and remain silence about the forthcoming university examination, They never provide the admit card even for the 1st semester examination. Recently university published an advertisement in local news paper that they have no branches or off-campus admission or regional center or whatever may be in the same nature beyond the territorial jurisdiction of the state, now the study center surprisingly declare that they are just admission and information center, not liable for taking classes and university's own administrative matters. The official website of the university now shows a scan copy of UGC's directions of the year 2010, where there was clear instruction to the university for not to open any other admission center/off-campus center/regional center etc outside the territorial jurisdiction of the state. Now the student already been spoiled more than one year to deal with this problem, at this position what is the most effective way to give relief to that student and how to proceed with this matter.
ashok thakker
06 May 2013 at 09:54
Sir, Our Demand of VAT(West Bengal) for FY 2004-05 and 2005-06 was not properly attended by us,now our advocate suggested for taking out respective orders in fresh date, which we have done and got the same....again it is delayed,may i kindly know as to within how many days revision have to be filed from the date of last (fresh)order, so that we do not miss this time also.....
Regards,
ashok thakker
Sourav Chatterjee
05 June 2012 at 11:37
developer demanding extra money after two years of the registration of sale deed.the measurement of the Flat in the registered sale deed was as per unregistered 'agreement to sale'. home loan was taken by deposit the 'registered sale deed' of the concern flat as security, mutation of the said property was done by the local authority.developer claimed that the previous measurement had some dispute, and now he is willing to do the right measurement and it is liable to submit to the local authority(previous measurement was also done by that developer).
now the question is what will be the procedure to treat the developer if-
i) new measurement is greater than Previous,
ii) new mesurement is less than previous,
iii) remain same.
N.B. If disput arise regarding greater value, is the sale deed needed to change? is the flat owner bound to pay the extra money? if the local authority charged penalty or fine due to dispute regarding this flat, who is liable for this?
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Section 12 under the protection of woman from dv act 2005
Wife has filed a complaint against her husband and in-laws u/s 12 of the DV Act 2005 before the Protection officer. protection officer called for the respondents for counseling and ultimately no fruitful result come up. Husband has filed application for Restoration of conjugal right. Now after that wife has filed another complaint u/s 12 of the DV Act 2005 with different cause of action before the Judicial magistrate of first class of competent court. Can wife file her complaint against her husband and in-laws u/s 12 of the DV Act 2005 at first before the Protection officer and at later stage with different cause of action to the Judicial Magistrate of competent jurisdiction?