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aayush kuchhal   11 January 2023 at 14:30

Atr filed without proper investigation

I have filed a Complaint before the Magistrate under Section 156(3) crpc. The IO has filed ATR stating the case to be of civil nature. On the bare perusal of ATR, it can be seen that proper investigation has not been carried out.

Though after making arguments before the Magistrate, the Magistrate has directed the IO to again file a fresh ATR.

If the IO will file the ATR without any proper application of mind again, what will be the best alternative remedy available to get the FIR registered

aman   11 January 2023 at 12:55

Ancestral property

My grand father had a brother who doesn’t have any legal heir (wife or child) so his property came to my grand father ..my grand father has three sons …can my grand father gift or transfer his brother’s share to one of his only one son..?
Property is ancestral.

darshan   11 January 2023 at 11:50

Sec 138 ni act

dear sir
i am accused in my a38 case . i am from maharashtra and my case is in saket delhi . i want to know that can i present virtualy on every date and my lawyer will attand court on dates . is any provision in this regard

Sumeet   10 January 2023 at 22:46

Partnership related query

Hi Dear Lawyers and experts,

A Partnership firm was constituted in the year 1985 namely " M/S Universal trading" with 3 PARTNERS.
Name of three partners: Ajay Singh, Ved Singh, and Piyush

In 1986, commercial land was purchased in the name of the partnership firm " M/S Universal trading".

In 1990, Ajay and Piyush retired from the Partnership firm by signing a dissolution deed and transferring all the asses in the name of Ved Singh.

Now Ved Singh is the only one partner of M/S Universal trading with all assets and liabilities.
NO CONVEYANCE DEED/ SALE DEED IS EXECUTED AFTER THIS by any other old partners.

1998, Ved Singh made a new partnership deed with 2 new partners and opened the same business with same name M/S Universal trading and in 2000 Ved retired himself from the partnership firm.
Ved Singh hasn't put any land in stock in new partnership agreement.

My Questions are :

Who is the owner of that commercial land now as it stands in the name of M/S Universal trading?
Is the old partnership firm dissolved?

Anonymous   10 January 2023 at 18:14

Summary suit

I have filed a commercial summary suit for recovery of my dues. the court has passed conditional leave to defend and directed the defendants to deposit the amount admitted by the defendant in their reply to my summary judgment.
my query is that, can I make any application and get said amount withdraw? my advocate said that I cannot apply for withdrawal of said amount deposited by the defendant until and unless I succeed in the matter.
Please help me and reply urgently as my matter is posted on next week.

Anonymous   10 January 2023 at 15:40

Police permission for marriage bands in mumbai

Dear Sir/Madam,

One of my close friend is getting married on 26th Jan 2023, will we have to obtain permission from Police or any authorities for playing marriage bands & taking Rath for wedding ?
If yes what is the procedure

yogesh   10 January 2023 at 13:55

Tenant not paying rent nor returning possession

Iam a senior citizen and rent out a flat in ahmedabad with a leave licence agreement. My agreement has expired on 24 August 2022 but the tenat is not surrendering the possession and he has not paid rent since April 2022.ihave issued legal notice through lawyer but in vain. When I vist him his behaviour is very rude and does not cooperate. Please guide me to get back my property at the earliest as that is the main source my livilihood.
Thanks in advance

Anonymous   10 January 2023 at 05:23

Auditor mooting the client

As a non corporte client (partnership firm) of an auditor,
we have assigned the task of filing GST annual return.

But

the Auditor, who is in practice, mooted the staff member to pay the liabilities, (where the staff member has the transaction limit to spend on behalf of the company), without concurring the liabilities or sharing the working papers either to the management or to the finance and accounts team.

later, we forced the auditors to share the working papers and It is find that the working papers is incorrect, and returns prepared by Auditors were with incorrect information, which is not relevant to us. (we find that it is not a oversignt mistake, because the turnover information is correct but other informations are wrong), it is presumed that he has fabricated the figs or the returns.

we have raised the issue before the auditor to show cause, by a reminder in writing (by mail), where the auditor fails to submit his reply nor allowing to file the return. (despite we have honoured the demanded audit fee), and proved his deficiency of service by not filing the return before the due date.

please advise us,
- how to go about this?
- Should we make a complaint at the GST Department
- How to sue the auditor
- how to face before the GST Department.

Archana Lad   09 January 2023 at 17:30

Ekatra kutumb manager

Ekatra kutumb manager can sale property. And after death of EKM his nominee can claim for the same property.
Or what procedure for released EKM on property after death of kutum manager sales person and purchaser both are in Hindu families

R.K Nanda   09 January 2023 at 13:10

Happy new year 2023

Happy New Year 2023 to all LCI members and fellow legal experts.