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Balaji Bakthavathsal   19 March 2025 at 08:10

Petition under o-41 r-25 of cpc

Dear learned Lawyers,
In a Civil Appeal suit, I am one of the respondent. The Appeal suit was filed in the year 2019 and it is being dragged by the Appellant counsel for more than 6 year by filing flimsy IA petitions one after the other. Recently on 1st Feb. 2025, a petition under the Order 41 Rule 25 was submitted by the Appellant counsel which got rejected by the District judge. Now the judge retired and new judge has taken over. Again the appellant counsel submitted a petition under the same Order 41 Rule 25 on 18th March 2025 which again got rejected by the new district judge. What course of action can be taken against such abuse of process of law ?
Thanks & Regards
Balaji

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

Anonymous   18 March 2025 at 18:57

Gst exemption for charges below ₹7,500 including funds

As per, GST Notification No.12/2017 (Sr.No.77),as per these circulars, GST is applicable only if BOTH conditions are met simultaneously:
1. The society's annual turnover exceeds ₹20 lakhs, and
2. The monthly maintenance charges per member exceeds ₹7500.

Lets consider this QUATERLY Bill charged by our Society:
Maintenance Charges --> 5100
Sinking Fund --> 75
Repairs & Maintenance Fund --> 225
Major Repair Fund --> 255
Others - GST --> 100
Total --> 5755

As per the circulars mentioned above, the TOTAL amount is less than the monthly exemption of 7500/- and hence should be exempted. But the society has come up this theory that the exemption applies to Maintenance charges ie 5100 and not to the other service heads like Sinking funds, Repairs & Maintenance Fund & Major Repair Fund, and hence they are charging us since many years now.

Need clarification on this:
1) Does the exemption under Notification No. 12/2017-Central Tax (Rate), Entry 77(c), which states that services provided by a Residential Welfare Association (RWA) or Co-operative Housing Society are exempt from GST if the monthly contribution per member is below ₹7,500, include charges like Sinking Fund, Repairs & Maintenance Fund, and Major Repair Fund?

2) Or, do these funds (Sinking Fund, Repairs & Maintenance Fund, Major Repair Fund) fall under GST even if the total monthly bill is below ₹7,500?

Please help.

Chetan Bv   18 March 2025 at 01:27

Litigation property, sold and registered to us by developer

Dear Sir,

A property has been sold and registered to us in June 2016, without bringing to our knowledge that it is in litigation, and in July 2016 after just one month, the developer has filed Original Suit against another party for Title of the land in question. this case has ran till December 2024 and Disposed off with status of Uncontested abated.

1) Please let me know, can we take grounds of Lis Pendens to recover back our money, considering our registration date is very close but one month before the Original Suit is filed. Any citations to this effect will be really helpful.

2) Since the 10th year is running since registration, are we under the time limit to file case.

Dilip Patel   17 March 2025 at 16:46

Legal validity of ancestral property agreement

My father and we 3 brothers with two others as witness, signed property division agreement in 1999, without consent or signature of my 2 sisters(Names are not mentioned in the document). This is unregistered document. In 2010, after death of father in 2001, all names of mine and my siblings were entered in 7/12. Does any one of them can claim part of property(Share), accordingly mentioned in this document?

yeteendra naidu   17 March 2025 at 00:28

Validity of plot registration amount paid

I am a nominee for the open plot in a coop house building society of my deceased father. I have paid by means of a bank draft for Rs.25,000/- and Rs 1,000/- for Registration of the plot and for the plot site plan respectively, in the year 2011. But neither the plot was registered on my name nor amounts were returned. Even the site plan was not given to me.Recently when I approached the Society they were asking me to pay at the present rate which is approximately Rs.5, 00,000/-.
Please advise how to go about and the amount paid for the purpose has been diverted/ not returned.
Is the registration amount paid as per the prevailing rates during 2011 is valid or not as on date.

Anonymous   16 March 2025 at 23:07

Rcp fair rent

Sir,
I am from Kerala , as per an appeal of the land owner ,the rent control court fixed a fair rent in 2010 for my room .again they have filed a petion in 2023 to fix fair rent .court has fixed it 250% more, than the fair rent once fixed already. what to do?

Neha   15 March 2025 at 21:17

Tds refund for ay2022-23

Hi Team,

I have been trying to file for a refund of tax paid by the Bank on the FD interest income. My mother has an annual income of 1 lakh approx and I forgot to fill form 15 G in the AY 2022-23 and could not file for ITR Refund within the deadline. Now, I was trying to file for refund through the ITR portal and I am not able to generate JSON through Excel utility as it says that if the total income is below 2.5 lakh then ITR cannot be filled.

Is there any other way to file for refund? She doesn't have to pay any pending tax, instead get a refund from the Income Tax Department.

Anonymous   15 March 2025 at 21:06

Should i serve the high court notice to other party?

My landlord filed a false FIR to vacate me using Land Grabbing Law of 2020.
I filed a petition in Gujarat High Court to quash the FIR.
Judge gave the following order.
" Considering the above-stated factual aspects of the
matter and arguments canvassed by the learned advocate for
the applicant, I am of the opinion, there is merit in the matter.
Hence, Issue Notice to the respondents, returnable on
April 2025. Learned Additional Public Prosecutor waives
service of notice for and on behalf of the respondent no.1-
State of Gujarat.
In the meantime, the learned trial court is directed not to
proceed further with proceedings.
Direct service is permitted."
Since myself & Landlord lives in the same city & my advocate lives in High court city he wants me or someone that I know to print & serve the above notice & my petition with all documents totaling 300 pages. He says it will cost me few thousand rupees if he sends someone else from High court city.
I am free on bail with the condition that I do not contact or threaten
opposite party or witnesses.
Please advise.
Thank You

Anonymous   15 March 2025 at 17:17

Possession & no title deed

Two parties entered into an agreement for sale & purchase. From the day one, the vendors gave exclusive possession of the land to the buyers. The latter fulfilled their obligation of paying the consideration 100% as specified, by cheques. Registration was promised within 6 months from the date of the final payment. But the vendors walked away from doing it. The buyers however, did not take any action and 40 yers have passed now! Possession does not mean title. Is there any remedy left for them anywhere under any law in India? Thank you.

raju   15 March 2025 at 14:38

Case of defamation

IN A PRIVATE FIRM THE EMPLOYEE WAS TERMINATED WITHOUT ANY NOTICE AND ALSO DID NOT PAY HIM. THE EMPLOYEE FILED CASE IN CIVIL COURT FOR RECOVERY OF HIS DUES. IN THE MEANTIME THE EMPLOYER FILED MULTIPLE FALSE COMPLAINTS WITH POLICE SO THAT EMPLOYEE COULD NOT PROCEED HIS LEGAL RIGHTS AND JUST TO PUT PRESSURE SO THAT EMPLOYEE MAY WITHDRAW THE CIVIL CASE. AFTER SEEING THAT EMPLOYER MAY LOOSE HIS CASE UNDER UNDER THE GRAB USING HIS MONEY AND POWER SETTLED THE MATTER AND PAID TO EMPLOYEE SOMEWHAT AS EMPLOYEE HAD NO ALTERNATIVE AFRAID THAT POLICE MIGHT REGISTER FALSE FIR. MY QUERY IS CAN EMPLOYEE FILE CASE OF DEFAMATION AGAINST THE EMPLOYER AS THE EMPLOYEE HAD SUFFERED ALOT DUE TO FALSE COMPLAINTS. IN CASE EMPLOYEE FILES CASE OF DEFAMATION CAN EMPLOYER CAN FILE FALSE COMPLAINTS. PL ADVICE.