kk
20 July 2009 at 21:16
my client purchased house from seller now this seller had earlier had taken token amount from other buyer and now issue is that due to non complition of earlier contract by other buyer ,seller sold away house to my client . Every possible formality of transfer is over only except transfer of share in name of my client as this was not completed as previous buyer's lawyer sent away legal notice for recovvery of token amount and sent one more letter to secretary to stop transfer of shares . now my question is that
1)can secretary transfer shares treating notice as invalid as it is not court order and sale had already taken place .?
2)can the prior buyer recover token amount from seller ?
layk
20 July 2009 at 21:11
Sir, I am living in a house with absolutely no agreement regarding rent or other. But I have letter written by the landlord to the local bank manager confirming that I am staying in the house of the land lord and the address of the landlord could be considered as address of mine. I am paying rent regularly -- sometimes to him cash and sometimes by a/c payee cheque -- and now the land lord wants to evict me even without giving any notice. I am asking 3 months time but he is not ready and trying to evict me forcefully. What I can do in such a stage? Please give me the approximate format for getting 144 and for getting injunction against eviction. I have bank account with this address and I have received a lot of letters in this address.
Ranganath
20 July 2009 at 20:19
Ld counsels,
If the charge sheet doesnot reveal the intension to cheat, is the court correct in issuing process/summons under section 420/417 against accused.
Is mens rea (as popularly mentioned in amy judgements) a required ingredient for cheating cases.
Please clarify.
Thanks
Ranganath
20 July 2009 at 19:24
Ld Counsels,
Which is a better way to challenge a charge-sheet in a magistrate court. Should I try Quash or Discharge. The nature of accusations are not grave. Prima facie the case appears weak.
Also is it required for the accused to be present in court during the hearing
for discharge petition in a warrant triable case. The case status is summons have been issued for first appearance.
Kindly let me know if migistrate has powers to add more section even after
charge-sheet is filed.
Please clarify.
Thanks
Mohan Joshi
20 July 2009 at 17:59
i am a customer of one company and i had reffered some customers to the company by mouth publicity. company is paying me refferal incomee according to some formula
which has no relation to amount of prduct slae.They have point system and for every produc sale there are points and whereever there are 3 and 3 points at both wing we get 11500 rupees.for example copany send cheques this way.
Leftcustmer right custmer
group group rupees
3 3 11500
2 2 nil
3 300 11500
2 300 nil
3 1000 11500
2 800 nil
6 6 23500
1 400 nil
9 9 34500
9 2 nil
Can this income be termed as commission.if not what should be a proper word to descibe this type of income.
I am a customer of the cumpany and i recomended only 2 customers once in life time .then thes two brought 2 each in their turn.the process went on and today I have 2 direct and around 7000
indirct custmers in my chain can I be called commission agent here i make it clear that i am not involved in transactions of 7000 persons.
i need expert opinion as service tax department has asked us to register under service tax and pay service tax from 2004 to 2009 .
does such type of income comes under service tax.my first 2 refferences were in the year 2002 .
I joined gold quest by purchasing a single coin in liftime i e on 30/11/2001 and given two referrals one in dec 2001 and other in jan 2002 .this two persons were joined with my reference .my work ended on jan 2002 however i received income continusly .
2004-05 2,68,500
2005-06 1,26,500
2006-07 11,50,000
2007-08 20,70,000
2008 -09 2,53,000
here i may once again add that i have done nothing after jan 2001 i stoped ref persons, even then the chain went on and i got income without my effort continuosly
year by year.now i have receved suimmons from service tax and they are asking me to pay around a half million .
I stronly belive that As I have not rendered any service after 2001 i am not liable for tax as for as 2004 to 2009 is concerned. I am ready to pay tax for 2001 -2002
I need expert opinion on the subject
Prabhat
20 July 2009 at 17:48
Hi,
I am working in US based MNC in Bangalore.
I had an accident on 6th December '07 in office round about 6 PM.
Actually I was standing with my colleagues on a roughly 1 feet high platform.
Suddenly the slab broke and I fell down from ground floor to basement.
It was a major accident in terms of my physical injury.
I had pelvic fracture, shoulder fracture, shoulder dis-location and spine fracture and compression.
I am stll having back pain and waist
pain.
They had promised to reimburse the misc. expenses but now they are taking much time.
Can I file case for compensation for my pain, personal loss,professional loss and psychological trauma.
Regards
Prabhat
kanun
20 July 2009 at 17:32
Can anyone provide a template of lease agreement for warehouse ?
SREEKUMAR
20 July 2009 at 17:28
I am working for a Public Sector Bank. One of my collegues, an officer, is transferred as he has participated in the strike call by the Union. However, the transfer order do not mention any specific reason for transfer. Our bank do not have a transfer policy. My doubts are:-
1. Is there any legal remedy for cancelling the transfer?
2. Can a direction be given to bank to have a clear cut transfer policy through a court of law?
Harpreet
20 July 2009 at 17:27
Mr. X had booked a flat in Ansal for which he had made payment of Rs 25 :Lacs as an entire amount as cost of acquisition of flat in Building No 6 of Ansal, the Ansal did not constructed the building and instead of allotting the flat in building no 6 instead of which he was allot ed flat in Building No 2 .This flat was not having the amenities as they were supposed to be in the original allotment.Aggrieved by this decision of Ansal he filed complaint in Consumer Court and after which court decided to give compensation of Rs 15 Lacs in favour of Mr. X against which Ansal filed an appeal the case then was mutually decided at a figure of Rs 10 Lacs.
To ascertain weather Rs 10 Lacs is taxable income of Mr. X and if it is under which head of income or this is an exempt income not chargeable to tax?
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Privi council judgement on 80 C.P.C
Hi friends,
Can any body provide me the decision of Privicounsil published in A.I.R 1927,PC-page-176. Bhag Chand Vrs Secy. of State for India. This in on 80 C.P.C.