Anonymous
04 June 2019 at 22:40
Wife applied for D on adultery ground at Kolkata. No hearing taken place. Wife wanted to take away minor daughter to her hometown- stopping her good school. On preventing filed a Habeos Corpus at HC. HC ruled that daughter will study in Kolkata school Monday-Friday & stay with wife on Saturday-Sunday & vacations. Appeal can be made against it. My retired teacher mother & a maid will care for daughter along with me.
Being unhappy wife filed a Sec 26 HMA case against above, as per e-courts. Stage of case-Hearing of petition. Next hearing-Not updated
My questions are:
1) Once the hearing date is allotted, or previous to that how can I successfully request postponment of hearing & on what ground. Daughter can study in good school for some more weeks then.
2) Except for superiority of current reputed school at Kolkata, what else should I highlight to maintain the HC ordered arrangement.
3) The divorce case has been filed separately. Will it be clubbed
4) Will judge ask my 4 year old daughter for preference, if appealed for
Thanks
NAGARAJ
04 June 2019 at 22:13
partition suit filed in the year of 2008 stage is for defence evidence after lapse of 11years whether the defendant possible to file counter claim to include the self aquired properties of the plaintiff in the the partition suit..? ,any citation for dissmiss the counter claim application?
NAGARAJ
04 June 2019 at 22:03
partition suit instituted by the plaintiff in the year of 2005 .D-3 WS filed on 2011 .xpw1 compleated now stage is for defence and now the LRS of D-3 filed O.6.Rule 17 cpc for amend the original written statement 01-01-2019 after lapse of 12 years stating that the plaintiff delibaratly have left some joint family propoerties bearing survey no75 .10 guntas...
the real fact is 10 guntas purchased by defendant no-2 self aqired property whether this amendment application maintainable by way of counter claim aginst the co-defendants.?
mainly D-3 died Lrs application still pending for orders and not yet arrayed as defendants on plaint under this circumstances his Lrs of D3 have locus standi to file the above application? is it pre mature application.
any suggessions or citetions for dissmissing the above said application
NAGARAJ
04 June 2019 at 21:42
i was purchased a pice of land 10 guntas in 1978 by way of registered sale deed till now khatha not changed in to buyer.in between the legal hairs of the vendor changed the khatha /MR buyer filed applicaton before tahsildar he gave endorsement that they will not change the khatha infavor of buyer thereafter i was filed RA befor AC North Bangalore on 2017 and same has been dissmissed for non procecution and now i would like to recall the order to contest the case under which provision i can file a recall application before AC ? is it possible to file recall the AC order under 151 of cpc...?
Naveen Kanth Dasari
04 June 2019 at 12:50
Hello Experts,
I have a query regarding agreement of sale.
One of my client have entered into Agreement of Sale with owner of the property in August 2018 for a total sale consideration of Rs. 25 lakhs and out of the sale consideration my client have paid Rs. 5 Lakhs as advance at the time of agreement and since the date of agreement my client is in the possession of the property and also my client have spent Rs. 3 Lakhs for renovation work like replacing the floors with tiles and white washing, etc and as per the agreement my client have to pay the total amount in two months. However at the time of agreement he informed the owner that he have to approach the bank for loan for which the owner also agreed to co-operate with him for providing any documents when required, but when my client approached the owner to provide him the Vendor Form as the same had to be submitted before the bank for loan approval, but the owner did not co-operate and after constant follow ups he has given the Vendor Form after 4 months from the date of agreement and when the bank officials had asked my client to get the owner to the bank for documents verification but again the owner is not co-operating. Further last week the owner of the property came to my client and asked him to vacate the premises as some other person has offered 30 lakhs for the said property. Now my clients problem is he has spent around Rs. 3 lakhs for renovation and he do not want to leave the property as the owner without his knowledge is trying to sell the property to third person. Further the agreement of sale is an unregistered agreement.
My query is Can i file a case under specific relief act praying the court to direct the owner of the property to come forward and execute the sale deed in favour my client and also can i file a perpetual injunction suit along with specific performance. Please suggest me.
Thank You.
soumitro
04 June 2019 at 11:28
Is the CBDT circular 275/29/2014-IT (B) transitory in nature ? I have a TDS demand in my name for long. My employer deducted TDS from my salary but didnt deposit to Govt. Employer Co. in BIFR, facing Liquidation so will not pay TDS. I have all proof of TDS deducted from my salary. Tax deptt says it cannot remove the TDS demand showing on me until either employer or I pay up ! Can the TDS demand be ever enforced on me ? One Asst Commissioner Income Tax said it can be since the CDBT circular ( preventing Tax deptt from pursuing individuals like me ( from whom TDS has already been deducted by employer ) ) is TRANSITORY ... Hence my question ...is the circular really transitory ? I do not think so because it then defeats the very purpose of the Circular ..which is to protect individual like me from having to pay TDS twice .. if the employer pays then the very need for this Circular being referred to does not arise. I would request expert opinion on this matter please. Thanking you
Satyawan
04 June 2019 at 09:52
Sir/Madan,
My wife filed 498a,406,506,323 IPC in Sep 2015. We met a compromise in Oct 2015 and started living together. But now she has again left me.I have filed section 9. But now I filed RTI in my case mentioned above(which was setteled),where I received the reply that at that time in respect of the IPC406 the list of stridhan was not supplied by the complainant. But the above mentioned FIR shows"the list of stridhan is attached herewith". Which shows the contradiction.Can I take any legal step in this matter ?
Avneet
04 June 2019 at 00:44
Hello. My query is that i have shortlisted one property worth rs 90 lakhs and the property is on the name of 3 real brothers out of which one is in india and the other two are in USA and the brothers who are in USA have given registered GPA to the brother in india in which it is written that brother who is in india can sell this property and the GPA is of the year 2013 but it is not revoked till date. And they are ready to accept the cheques of rs 30 lakhs each also. Now please guide me that is it safe legally to purchase this property from Indian brother(GPA HOLDER).
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