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AMOL KAVITKAR   10 May 2021 at 21:11

Summons after filing of charge sheet in cognizable cases

is it mandatory to send summons to accused on bail after charge sheet has been filed ? can court directly issue non bailable warrant in absence pf summons to accused ? what are the related provision in crpc?

Anonymous   10 May 2021 at 20:58

Dadalai zameen case

Hello,

We are Hindus and live in Haryana.
My NANA has 10 acres of ancestral land.
My mother has fight going on with his father( my NANA) for many years due to some monetary disputes.

My mother demanded her share in ancestral property but my NANA refused to give and refused to do partition of land with equal shares.
.
So, with the guidance of a lawyer, she filed a declaration and injunction case in 2012 to get her share ancestral property.

The case gets dismiss due to lack of evidence in 2015

Then my mother didn't filed any appeal.

My Question is-

1) Can my mother get a share in ancestral property now?
What she should do, my NANA is still alive and won't give any share to my mother in ancestral property.

2) what case should my mother file now to get her share in ancestral property.

3) Will the previous case of declaration filed by my mother of declaration will affect the new case?

what to do now.. Any guidance please..

Anonymous   10 May 2021 at 17:35

Property matter

Settlement deed of probate petition filed by A
House was partitioned by high court decree and Testatrix, A and B were allotted 1/3rd share each in the house.
Testatrix had executed a valid registered Will making A beneficiary of her one-third share in the house property. After testatrix died A filed a probate petition. B is willing to give a no objection to the said registered Will.
Settlement deed clauses to the probate petition filed by A
I of my own due to my love and affection for you, I say -
1. that whenever full house is sold A will make 4% extra payment to B of value of one third share in the house property allotted to him long time back in partition of the said house.
2.That B will not go for specific performance and demand for selling the house.
3. It is made clear that 4 % to be given as mentioned above if full house is ever sold(or may write if house is sold within 50 years) as aforesaid mentioned does not mean that B will have ownership rights in Testatrix share in the house.
4.I do not want to sell the house, can B file a application in court that A is not selling the house and not giving my 4%.
B says he will accept the above clauses. Kindly answer para 1 to 4, (Answer parawise.) Some of the clauses of settlement deed are written above. Are the clauses valid, Any citation


Veerchandra B Shetty   10 May 2021 at 17:26

Tds deducted but deposited to another pan

State Bank of India has taken a residential property on rent. The rent was paid to the house owner. However the TDS was deposited against other PAN. The issue was noticed after six months. Accordingly it was brought to the notice of the Bank, but the bank did not pay any heed and just gave some vague reasons for the six months and rectified the PAN number subsequently. It is now almost more than two years. Can the issue be sorted out as the owner needs to return the deposit due to end of lease. The house owner is insisting to deduct the difference of TDS of Six months which has not been reflected in the IT.
Can the bank rectify the TDS challan and correct it with the proper PAN number.

Veerchandra B Shetty   10 May 2021 at 16:56

Payment of customs duty under wrong head

An EOU has done DTA sale and accordingly reversed the appropriate Customs duty and paid the same under Head 0038 due to oversight as the same should have been paid under Head 0037
The customs authorities are now issuing a show cause notice for the same stating as non payment of Customs duty.
What is the provision in such a scenario? Can a SCN be issued stating as non payment of Duty, when the duty has already been paid.
How can the Head be rectified in the payment done

Anonymous   10 May 2021 at 16:13

Service

Person challenge the written exam for not following vertical reservation properly and tht
person through interim order was permitted to participate in the interview and language of order "petioner permitted to take part in the interview and result of no person shall be declared " interview was given , after that writ finally dissmiss with order interim order vacated and no illegality in written exam .if public service commission does not declare result of interim order participant but all other is there remedy and can public service say that your writ has been dismissed so you have no right of result declaration and appointment even if you are in merit ?

jasud Babasaheb   10 May 2021 at 13:19

Will i file 420 with builders who has done fraud with me

See
2017 I hv given my land to one of the builder for residential development at ration of 30:70, and time period of 36 months, after the agreement builder has approach SBI bank, where he was having good relationship with SBI RM real estate
He applied for loan of 5 Cr, loan approved, he got 100% disbursements without verifying project development by bank, The same disbursements amount he use to close their other project loan in same bank, instead of completing my project... (As the project is RERA approval) as of now on my project zero developments
now will I file complaint against the builder and bank manager ......

jasud Babasaheb   10 May 2021 at 13:14

Gst on earning

One of my clients getting Approx. 5 Cr credit in his account every march end to shuttle his bank loan account, now my question is, will that amount will attract GST, if yes then he has to pay GST to government or Not

The amount of 5CR which are coming from other borrowers account to his account from the same bank, where he has loan account.... Is this transaction are legal transaction?

jasud Babasaheb   10 May 2021 at 13:10

Can we ask some information from co operative housing soc

Can we ask some information from Co operative society through RTA application.....
as I hv query as below
1. my society charge me parking charges without any information, that parking is free parking in premises
2. there was open space later Muncipal coporation made road from that space, I would like to know whether society has got or is society sell TDR of that land to someone

jasud Babasaheb   10 May 2021 at 13:03

Rta act

What will happen if someone ask some information to Govt Authority by RTA application and, Govt authority deny or not given within 30 days or later

what will be the next process in that case