Kishor Satwick
14 February 2009 at 10:24
The family consists of Father, Mother, two sons and one daughter. Father along with his brothers and mother held joint property. The said property was self-acquired property of his father, i.e. grand father. The property consisted of land and chawl full of tenants. The property was sold to developer who as a consideration allotted flat to Sons. The Father in question has three major children. One of the children is demanding 1/3rd share in the flat. The questions are - 1)Whether the flat so aqcuired by Father will constitute inherited property or the flat is his self-acquired property and he can deal with the same as per his free will? 2) Can his son demand share in the said flat? 3) When the development agreement was signed with the builder, Father was the class 1 heir. The son is class 2 heir. When the class 1 heirs are alive, how can the class 2 heirs demand share in the property?
Pramod Rai
14 February 2009 at 07:18
Is the clinic of a medical practitioner is commercial or residential, is there any act in this regard or any case law
smilingadvocate
13 February 2009 at 21:55
can any say how to change my email address at lawyers club as my present email address has been hacked send mail to my personnal email i.e.smilingadvocate@yahoo.com & not to smilingadvocate@hotmail.com
rajendra
13 February 2009 at 20:44
Mr. X executed a irrecovable power of attorney in favour of Mr. Y for a land(unregistered)now mr. x is dead. Can the Mr. Y give convenyance of the property to the third person??
What the the validity of unregistered POA.
In POA there is a para "THAT THIS POA SHALL BE IRREVOCABLE UNIT THE COMPLETION OF THE REGISTRATION OF THE DEDS OF CONVEYANCES IN RESPECT OF THE SAID LAND AND SHALL CONTINUE TO REMAIN IN FULL FORCE AND EFFECT AND IN OPERATIONS DURING THE SAID PERIOD NOTWITHSTANDING MY DEATH OR NAY OTHER CAUSE"
vid
13 February 2009 at 18:29
Dear Experts,
I am married to almost two years now. Ours is a love marriage. It was all good in the initial days of marriage and we were really happy. Though there were some turbulent times from my in-laws and his relatives, but he stood aside me in all the difficult times. Eventually, he started getting closed one of his female ex-colleagues. They started daily late night internet chats(very personal at times), phone calls, meeting every evening over coffee/snacks. He used to drop and pick her up from her house everyday though they were not working in the same office (since he has moved to new company recently).
He used to come home late very irritated and frustrated almost daily. Used to get off on almost anything that I did (normal/good). When I got to know all this, I tried talking to him on what's going on. But he eventually denied everything and said that they are only friends and he did not love me anymore. When I mentioned that everything was going alright before you meet this girl. So okay let me speak to her once before we go for anything. on which he threatened me that if I meet her he'll take me to the court.
He used to discuss everything about us with her. She's a unmarried woman who has just broke off with her boyfriend.
I'm in big mental stress and its very traumatic to tolerate this. I'm also undergoing psychiatric treatment for my depression which has come out of this.
I am working and financially independent. And I love him lot he knows that too. He wasn't like this before and was very caring for me before he met her. Even after all this he's saying the same thing that they are just good friends and that he's not infatuated to her.
under the current circumstances do I hold any legal rights to teach him a lesson for having messed up life? Please advise.
Ziaur Rahman
13 February 2009 at 17:29
In West Bengal Police and Kolkata Police, in departmental proceedings the disciplinary authority appoints the Enquiry Officer to hold enquiry proceedings against the charged officer. The enquiring officer while holding the proceeding also acts as the prosecuting officer on behalf of the disciplinary authority.No separate Presenting Officer is appointed by the disciplinary authority to represent the case on behalf of the Department though defence assistant is permitted by him in favour of the charged officer. On his findings in enquiry report the disciplinary authority imposes the penalties exonerates the charged officer. My query is that whether an enquiring officer appointed by the disciplinary authority can act as a prosecuting officer also? Is it lawful for disciplinary authority to entrust the enquiry authority to act on behalf of him in holding the enquiry? Is it not the violation of principles of natural justice and an act of departmental bias that the enquiring officer holding the Quasi judicial power should act on behalf of the prosecution also? What the law says? Kindly enlighten me with the relevant rulings of apex court or any other court which is guideline on such issues. What is the legal status of such enquiries imposing the penalties on the charged officer? Kindly respond.
Legal Eagle
13 February 2009 at 16:56
Suppose a woman employee after the maternity leave resumes office for a day or so and tenders her resignation, in that case can an employer not give her the maternity benefits. Are there any provisions / judgments where an employer is entitled not to pay any maternity benefits?
Also which section of the Act provides for paternity leave?
Pandian
13 February 2009 at 14:06
Hi Friends,
Recently on 21-01-2009 Honourable Supreme Court of India has given judgement on the proof of reimbursement in the cases of LTA / Conveyance Allowance is not required.
Income Tax Act 1961 - Sections 10(5) and 192.
Need more clarity on this portion. Whether all the reimbursment portions are not required supporting documents (SEc 192) or else ?
What is Conveyance Allowance (Rs.800 ??)? is all fuel & maintenance reimbursements are meant "conveyance" ?
Please clarify to panscons@yahoo.co.in .
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138 N.I.Act
Hi all,
I am a complainant side advocate in 138 NI act case filed by me, I have examined complainant as pw-1, and subsequently he was cross examined by counsel for accused,now the matter is coming up for complainants side further evidence, while matter stood thus, the complainant died leaving behind his wife and two children who are still minors, now my question is whether his legal heirs can continue his case filed under sec 138 NI act, if yes under what provision of law i can seek leave of the court to bring LR's of complainants side on record, provide me information citing any case laws in support of my case.