Jibanananda Goswami
27 October 2009 at 20:39
Can I ask under RTI act for the transaction details of an NGO that runs on Govt. Grant? As I heard, more than Rs. 12 lakh was taken out from the bank account in the first month after release of the Govt. Grant. There is no proper account of that money. please see my query http://www.lawyersclubindia.com/experts/experts_message_display.asp?group_id=42171 about that account.
yogesh
27 October 2009 at 20:29
1)what is a sole trust?
2)can sole trust be formed for immoveable property?
Legal Fighter
27 October 2009 at 19:26
Wife has filed 498A and DV and in reply to divorce petition, she puts all the counter allegations of cruelty and states that she is still willing to live with her husband. Isn't it conradictory stand on part of wife as 498A is cruelty is of such an extent that wife can't be expected to live with her husband. Is such a desire of the wife genuine?
Husband has filed divorce based on cruelty and desertion and he has disproved the allegations made by wife in 498A and DV.
Sumit Lal
27 October 2009 at 19:11
Respected Seniors and Experts.
I am appearing for an accused in a trial under Negotiable Instruments Act.
The Complainant being a proprietorship firm is represented through its power of attorney holder.
In the cross examination the power of attorney holder has admitted that
(a) the instrument (Power of Attorney) was not filed along with the complaint. In otherwords while taking cognizance of the offence, the Magistrate has not seen the power of attorney.
(b) admittedly the name of the proprietor has not been disclosed in the complaint.
(c) He has admitted that he is not authorised under the power of attorney to undertake business activities. He has further admitted that he does not have the knowledge about the business transactions.
With the above admissions of the complainant should I file a petition before the High Court under Section 482 Cr.P.C to quash the criminal proceeding on the ground that continuance of the proceeding will be abuse of process of law.
Please Suggest.
Anonymous
27 October 2009 at 18:50
If someone has signed an agreement (bond) of "x" amount with any company to work with it for 12 months after an overseas training, whereby such overseas training has been successfully completed and subsequent to return of such candidate from the training some dispute has been arisen?
Please reply?
sreedhar
27 October 2009 at 18:32
Company A is liable to pay some amount to Company X. There are correspondances in which Company A has accepted its liablity to pay Co. X. It is now come to know that company B is also functioning in the same address of Company A and company B has acquired 100% equity stake in company A. Whether Company B can be made liable to pay the amount due and payable by company A.
Anonymous
27 October 2009 at 17:26
Respected Sir,
This is a Civil Matter and I need whether the decree is in limitation period or not?
Simply I am hereby giving the details.
I filed a suit for Specific performance and the same was dismissed. As against the said dismissal I preferred an appeal before the High Court. While pending the Civil Appeal, both the parties have entered into a compromise memo and accordingly the said appeal was ended. After that due to some reasons, again both the parties have entered into another compromise petition before the lower court and the said compromise was recorded on 21-02-1985.While passing the said 2nd compromise decree, the court has instructed the DHR/Plaintiff, “in case of default of the JDRs/Defendants, the DHR/Plaintiff is at liberty to approach the court (lower court) and get the sale deed duly registered through court. But the DHR/plaintiff instead of approaching the lower court approached the revenue authorities for regularization of the alienation on the basis of the said compromise And accordingly, the Revenue authorities had regularized the said alienation, as there is a provision to go and regularize.
Now the contention of the JDRS/defendants are there was no notice served on them by the revenue authorities, before passing the order. The JDRS/Defendants have challenged the same before all the revenue authorizes and as well as the single judge of High court. When it was came to Double bench of High Court, an order was passed against the DHR/plaintiff stating that the authorities below are not followed the rules. And an SLP has been filedby DHR/Plaintiff and the same is pending before the Supreme Court.
Now the pioint is:-
1. From the date of 2nd compromise decree ie., on 21-02-1985 both the parties are defending their case in courts, even till today.
2. So now is there any possibility to execute the 2nd compromise decree by DHR/plaintiff, now?
3. Or the said decree is time barred?
4. Even now also they are not claiming their rights over the said lands.
Plz. Clarify.
Anonymous
27 October 2009 at 17:07
Sir/ Madam,
I am a practising CA, my father in law owns ancestral property. This property is divided into two parts- 2 shops facing the road and the remaining area used for our residential purpose.
The said 2 shops have been given on rent long back by my father in law' father. As regards one of the shops, my father in law has filed an eviction case after unsuccessful informl requests to the tenant. As i am in need of premises for starting my own practise, we have filed such eviction proceedings.
The lower court has already ruled in our favour, however the tenant has appealed further citing that the lower court has ignored his hardship pleas and that the lower court has ruled inefficiently.
The case is in process, the next higher authority being the High court.
I would like your expert opinion on:
1. Similiar case references-
Supreme court rulings and other Court rulings details.
2. Hardship is suffered by us too, his claim seems preposterous, just to milk the situation to his advantage by trying to emotionally pressurise us.( He has already accepted having 2 other businesses apart from the one he carries in our premises)
Kindly give your learned opinion on the matter. Thanks
shrikant chavan
27 October 2009 at 16:48
the suit for partition and injunction filed and same is decreed bythe lower court, the same decree has upheld by Hon'ble Apex Court.
In the said suit adoption deed was challenged, but it was registered so it was held legal and executable. Now i have filed second suit in respect of the same matter in which i have contested that the decree passed and upheld by the Apex court on the adoption deed and same is made by fraud.
now execution of the Apex court order is simulteniouly going on and the hearing of new case also.
so my question is that:
1. can i stay the execution if yes then how and pls refer any case law?
2. can i contest in the execution proceeding that the some property included in the decree is not joint family property?
3. can i offer payment for their share of the property whhich partted in favour of decree holder?
pls answer its very urgent.
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Section 143(2) of ITAct 1961
Sir,
I have filed my IT return for AY 2008-2009 (FY 2007-2008) on 31/07/08.The IT return is assessed and refund order is issued by respective ITO on 29/05/09 and cheque on 30/06/09.Due to my personal reason I could not deposit the same with my bankers, and requires revalidation.
(1) Recently I received a notice dated 24/08/09 from ITO under section 143(2) asking me to be present in his office along with documents, accounts and other evidence in support of my return. I am of the view that notice is “TIME BARRED” as it is not issued within time limit of 1 year from the date of filing the return as per section 143(2)
(2) Once the return is assessed, and refund order issued, is it right on the part of ITO to issue such notice? Is it legally right?
(3) ITO in his letter has mentioned that “This case is selected through CASS”. What is CASS? And if selected through CASS can it overcome all legality of following prescribed procedure of 12 months time limit?
(4) Can challenging the notice come in a way of revalidating my cheque as stated above?
I hope to receive valuable guidance from you all.
Meanwhile thanking you in anticipation.I feel The query is open and not resolved as indicated at the top right hand corner.
Sincerely yours,
ABC