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Anonymous   16 May 2021 at 20:13

Meaning of r/w in law

My question is why are charges or sometimes when something is issued it is written as r/w i.e. read with??
How it is decided what will be read with a particular section or Article?

for example if a certificate is issued under Article 133 read with Article 134A of Constitution of India. What is the meaning of this? why we can't simply write Certificate issued under Article 134 and Article 134A?
what is the relevancy of r/w?

Thirumalai Dasan K   16 May 2021 at 18:48

Can i file defamation

I bought a flat in 2013, was part of a resident assn., assn formed by Builder filed a case in magistrate court against 10 of us ,disposed in 2018, without attending proceedings by us.
I filed case @TN State Forum in 2016 and still pending. A retired judge called me for conciliation at least 3 times in 2017-18.I sent a legal notice in May 2017 asking land documents submitted for PP.Their adv came to my lawyer chamber in Sep 2017 and advised to withdraw. The Builder himself met my adv at his chambers, three times in Apr 2018 and wanted to meet me in May 18, but I refused to meet him. Because of this they filed a police complaint (CSR/May18). They sent defamation notice (1of 2) for 5 Cr in May 2018 and replied. Based on complaint, MoEFCC ordered re inspection. Again builder filed a police complaint in Nov 2018. As per summon issued by Police ,they filed a CMP in Magistrate court but till date, the case details are not reflecting in eServices portal at all. TN Consumer forum ordered for Adv comm. and Charted Er inspection and was conducted in Feb 19.They filed case u/s 482 on 13.2.2019 with new unfounded allegation, as if I threatened and demanded 2 Cr and also suppressed the details of CMP @ Magistrate Court. The High Court refused to entertain and advised to exhaust all remedies before comes to HC. However they could manage to file a FIR on 1.3.2019. It was mentioned “under the instruction of HC” in FIR. I appeared in front of insp. of police & ACP.They sent yet another Defamation notice (2/2) in Mar 2019 and I replied. They tried to get me arrested somehow and I got AB in Mar 2019. Filed Quash Petition but ordered to police to complete investigation and file charge sheet in 90 days. Again they filed one more frivolous and false complaint in Apr ’19. FIR number found to be removed from CCTNS portal in May 2019, till date FIR number is not there in portal.
Can I file defamation?
Thanks

Naveen Kumar   16 May 2021 at 18:37

Two regular degree simultaniously

sir I decided to do two regular course together one was bsc and other was dled but I left my dled took a tc from dled college then my bsc course would valid or not please help me in this regard

Anonymous   16 May 2021 at 13:10

Agreement with multiple buyers for a flat in cooperative soc

Hello Sir,

Just for a brief overview, I had shortlisted a flat in a cooperative society in Kolkata and was about to do an agreement for sale with the seller, but happen to know that there is already an agreement done by him in the last year date February, 2020 (with a validity window of 6 months) ending on August 2020 and that buyer is not finding enough funds to close this deal and is neither accepting the advance back (given at the time of agreement) from the seller.

The first thing that I wanted to know is that - is the last agreement (with the previous buyer) still valid - given that the validity of the agreement already expired in August 2020?
Secondly, shall I go ahead to get a new agreement for sale done with buyer - will it be valid?
and, is the buyer holding the rights to file a case on the seller( and the new buyer) if he wants and if so then on what basis?
And lastly, what is the role of the cooperative society in such a case?

DEBANJAN DEBNATH   16 May 2021 at 13:01

Obc reservation rules

I am currently working as a clerk in psb. My annual income is within 5 lakh per annum. My mother is dependent on me and she is a family pension holder. I am belonging to the caste notified as OBC in my state, but have never applied for the OBC certificate and appeared in unreserved category in my present employment. I am willing to sit for other job opportunities in future. Can I apply for the OBC certificate now and avail OBC reservation and its relaxations in future employment, considering my present employment is in unreserved category.

Anonymous   15 May 2021 at 23:11

Joint will - registration

Whether will executed by 2 persons / testator can be registered.? Sub Registrar refused to register "Joint Will". Sub Registrar said that, only will having single testator is allowed to register. What is Law of registration.?

Thirumalai Dasan K   15 May 2021 at 10:32

Ass charge interest on delayed payment in protest

Sir/Madam,
We reside in apartments having 1112 flats, in Chennai. Completion certification obtained for block wise in 2014,2015 nd 2018 There were 4 associations and free for all situations for about 4 years thanks to builder’s nasty act. Two associations had been deregistered and other two merged to become one. The association charging maintenance but incurring expenses for club house which is got registered somehow in builder’s name and UDS is neither a part of common area nor distributed to flat owners. Buyers paid 1.5 to 1.75L as life membership fee to builder.
STP CTE was given in Dec’2019. According to Association (AGM minutes & other communications), till date STP is not functional/not taken charge and so is the case with Fire Hydrant systems. Deviating from CMDA approval they CREATED COMMERCIAL SPACES, approx. 2000 Sq ft overall. One of approved commercial cafeteria is under lock & key by a third party since 2018 and third party not surrendering key and arm twisting. Security system became so weak because of absenteeism and turnover. WTP is not functional and residents keep complaining about black water. But association /FMS keep charging full maintenance and additional water charges 500/-pm.
ITR was not filed for two years in between and filed for AY2020-21.
Who is responsible for non-compliances and any untoward happens in future?.
Can the assn. charge for water without any Resolution?
Can they spend for club house?
Can they charge interest on delayed payment in protest?
What are the solutions in front of disgusted residents?
Thanks

Deeksha nayyer   14 May 2021 at 23:57

Do defamation suits work in india?

Hello Sir,

CAN WE FILE A DEFAMATION SUIT/ DAMAGES SUIT AGAINST PLAINTIFF, IF SOMEONE IS HARASSING US BY PLANTING FALSE STORIES, EVIDENCE IN THE COURT JUST TO BLACKMAIL US AND GET SOME MONEY FROM US.

THE CASE IS CLEARCUT AND IT IS DISMISSED BY THE COURT, BUT THE PLAINTIFF IS APPEALING AND IN THESE COURT CASES I HAVE WASTED MORE THAN 7 YEARS AND I AM NOT ABLE TO SELL IT OR MORTGAGE IT.

I AM VERY FRUSTRATED WITH THE CASE

MY QUESTION IS-

1. IS IT POSSIBLE TO GET MENTAL HARASSMENT MONETARY COMPENSATION BY FILING DEFAMATION SUITS AGAINST PLAINTIFF.

2. USUALLY AS PER YOUR EXPERIENCE SIR, HOW MUCH MONEY CAN THE COURT MAKE THE PLAINTIFF PAY IF I PROOVE THAT THE CASE FILED BY PLAINTIFF IS FOR MENTAL HARRASMENT.

3. CAN I FILE THE DEFAMATION CASE ANYTIME OR I SHOULD WAIT TILL THE CASE GET DISMISS IN HIGHER COURTS.

Please guide me sir..

Shyamal   14 May 2021 at 23:48

Car parking

Is right to car parking stilt or open a legal entitkement? Can builder sell a flat without any parking space? Can builder sell multiple parking spaces to a flat purchaser? If as per supreme court judgement builder can not sell open or stilt parking space, how a parking dpace is allotted by builder to a buyer and also mentioned in the agreement? If there is enough parking space for sll and still additional space is available, can builder allot that to one or more purchaser as per his desire?

santosh   14 May 2021 at 18:05

Is sec 44aa applicable for commission agent having g/r 10lac

An assessee received Notice U/S 139(9) Erorr Code- 1022 as folowing :
"The return of income filed by you as per the above details is considered as defective with-in the meaning of section 139(9) of the IT Act for the following reason: Reason Probable Resolution Taxpayer is offering Income under the head Profits and gains from Business or Profession. Hence, as per the provisions of Sec.44AA, the taxpayer is required to maintain books of accounts. As seen from the return of income filed, the taxpayer has offered regular business income in addition to Presumptive Income. However, Part A of the Profit and Loss Account and Balance Sheet are not filled, in respect of the regular business income. The correction of this defect has to be made by filing a corrected return. In the corrected return of income, the Balance Sheet and Profit and Loss account have to be filled, to show the basis on which regular income from business has been computed. Please note that the books of accounts are required to be audited, if the regular business income disclosed in the return is less than the limits prescribed under the presumptive taxation provisions of the Income Tax Act. Accordingly, books of account are to be maintained and the report of audit has to be furnished. Please note that if the defect is not addressed with-in the time allowed, your return of income will be treated as invalid."
My Quarry is the Commission agent is require to maintain Books U/S 44AA or not if his Gross Receipts is above or Below 10 Lakhs ? Please resolve my Problem. Please say how i can reply this Notice., Thanks & Regards