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mohanasundaram   02 April 2015 at 15:01

Meaning

what does it mean exparte evidence & Case Status CASE DISPOSED Nature Of Disposal Contested--DISMISSED FOR DEFAULT

dilsingh   02 April 2015 at 14:26

Breach of contract

a person has brought upon me a breach of contract suit. The person charges that i was not able to produce the real owner of the property to get the sale deed executed in favour of plaintiff. My point is that i was present at the registrar's office on specified date (and i have proof of that in attendance). I dont have the attendance marked of the real owner at the registrar's office, but he is ready to depose before the court that he was present with me. So will the court take note of my defence?

sandeep pilania   02 April 2015 at 13:43

private school comes under labour department

I want to know that if the private unaided CBSE school in haryana comes under the labour department or not. If yes then in which condition labour inspector or any officer inspect school record .
Describe which type of action the labour dep. can take against school and in which circumstances.

Dilipkumar   02 April 2015 at 13:39

Stamp duty and registration reduced ?

I have recently read in the newspapers that Maharashtra govt. has reduced the stamp duty / registration charges for transfer of property to close family relations. Is it true? Also , can this reduced duty / fee be availed of ishan I make a gift deed to my children ? If not , then how can this reduction be availed of , if I want to transfer my property to children , during my lifetime ?

Abhinav   02 April 2015 at 13:26

Law to keep a check on the intentional delay caused by builders in delivering the housing projects.

Hello Experts,

Please confirm if there is a provision in Law to push a developer to deliver the Housing projects on time. The Penalty clause in the builder buyer agreements is just a formality to satisfy the Law. Ideally the developers commit a time line of 3 years in all the cases which is acceptable in case of a new launch / soft launch. However in case of Resale also they commit the timeline of 3 years which doesn’t seem logical as the structure was already under construction for last 3 years, then why they need 3 years to hand over the possession.

Along with that in case of resale the builders are asking the buyers to sign a waiver stating that as they are buying the flat in resale they are not elegible for the penalty clause by the builder hence depriving them of the bare minimum relief on the delay (Is this practice legal?)

I was just curious to know if there is a PIL to check this as a normal salaried person is crushed between paying the EMIs & the House Rent till the time he / she gets the house to finally live in. Thus affecting their social and economic situation along with the future of their children as they suffer the same pain.

Thanks

subhashchander   02 April 2015 at 12:21

Please help me

I am Subhash chander , age 68yrs, properiter.

Q-1 A portion of my commercial office has been rented out. Please intimate its rent will go to my commercial income or in house property head .this property is purchased with the binding of seller that it can only be used for commercial purpose?

Q-2 We have various types of commercial business like Export, Trading and Shares etc. Please intimate loss in one business can be adjusted against profit of other business ?

anilkumar   02 April 2015 at 12:10

Query regarding partition of ancestral property

My mother' parents have expired and they did not leave any will and all the agriculture land has been transferred in the name of my mother and her 2 sisters and 1 brother as per jamabandi details available on haryana land record website.

My mother want her but her brother has objection on the ground that daughter should not take share in property as per customs and my mother's other 2 sisters are also not cooperating with us.My mother had filed partition case in the tehsil 1.5 yrs back.I think tehsildar,SDO and my lawyer all are harassing us by delaying the matter as it is a very small town and my mama has good relations with tehsil people.They are saying that my mother's share in coming in 4 khewats and there are total 70 people doing cultivation in those khewats apart from my mother,her sister and brother so unless those 70 people also give their consent,partition can not happen.

When tehsil proceedings were about to finish after 1year of filling the case,6 people out of those 70 have filed appeal in upper court.

I had sent rti to tehsil to know the till date proceedings but they have replied me that your lawyer is appearing on your behalf and as per RTI rule,information can not be provided of running case and case is already in appeal so if you have any further query,contact tehsil.

Pl. confirm me what can i do in this case.

Adv.Vishal Anil Vyavahare   02 April 2015 at 12:05

bail in section 489 A and 489 B 420 ipc

Respected sir,
Offence registered against 9 accused under section 489 A and 489 B 420, 34 of ipc and section 2 n 3 of maharashtra prevention and eradication of human sacrifice and other inhuman, evil and aghori practices and black magic Act. .. but serious allegations made against accused no 1 only and counterfeit currency notes also recovered from accused no 1. So other accused can have a chance to get bail. ...
Please guide me on this issue. .

Regards,
Adv Vishal Vyavahare 9371821992

jiteshjain   02 April 2015 at 11:13

Scrutiny under 133(6)

Hello All,

My freind Pratik is under going an scrutiny from Income Tax. The case is as follows:

His uncle started a business on his name of Diamond Trading in Surat. For the Business his uncle opened a Bank account in Axis Bank for the Financial Year 2011-12. He was just adviced to sign blank cheques and other activity of business was carried out by his uncle. He nither knew about what was happening about that business. When he received his Income Tax return the turnover was 100cr. in which the profits was only 4 Lakhs shown. Now, from last 1 and half years he was receiving notice from Income Tax to present the Sales and Purchase Register and Bank Statement. He contacted the uncle but uncle was not available at that moment.
Uncle adviced directly to visit the CA who had audited his accounts but CA refused to attend the notice on behalf of him. He contacted the orginal party who did all the transactions on his name. They also did not entertained him. At last he appointed a new CA to attend the Case. They both went to the Assesing Officer and informed him orally about the whole story. The AO issued 133(6) summon to the orginal party and the Bank to provide the details of my freind. As soon as the notice was received by the original party and the CA both became active and CA summited all Purchase and Sales register and Bank statements but that my friend had given him for submission. The AO asked for Letter of Authority from the CA but he didn't had the same and left. AO called my friend and told to give statement in written for the whole story but my friend did not submitted and left from his office as his new CA adviced not to submit because if the orginal party did not accept the case then all the liabilty would be transfered to pratik.
AO wanted to close the case by 31st Mar 2015 but was unable to do. In this Case the AO is not agreeing with the calculation of Profit Margin which is shown as 0.04% on the total turnover. AO says the profit should be atleat 4% on the total turnover rather than 0.04%

Please advise now what action should pratik take as he is innocent on the case and do not want any further liability.

Currently the Case is under an appeal in Income Tax but my friend has not attended the appeal. 2 Hearing were called out. for the same. Can any one advise what can he do now for saving himself.
Is there any possibility under Law to book a case against his uncle for this fraud.

aditisingh   02 April 2015 at 10:49

Sapinda or not??

Dear experts..
I have a situation where son of my uncle (mama) want to marry daughter of my aunt (bhua).... Is it possible According to Hindu marriage act??