pranay
11 July 2009 at 12:13
Sir/ Madam
i am a student and have just cleared my CA entance exams. long back before six or seven months i met with an
accidents while going for my classes a man dashed me from behind. i stoped to look after him. but it turned out to be my mistake to stop and help that person because he was a lawyer, he asked me to take him to hospital and pay for his damages or he will file a case against me
i did that but that the greedy man asked my mother for a ransome of thousand(1000) Rs. I live alone with my Mom. the man started blackmailing my mom and talked very roughly to her. being a senior CA she thought she would be able handle him So she denied to Pay him any thing. On this the went and lodged a complaint against me and has charged me with Sec 279 and sec 338. what should i do?? now i have moved from my place to pune for higher studies. so i want to finish he case as soon as it is possible. i am ready to pay any fines or money to that lawyer
One more thing just because of some such lawyers the whole profession is being defamed
a
Please help me out in any way that you can
CA Santosh Chinchkar.
11 July 2009 at 11:50
One of my client had purchased the house in new construction at Rabale. He has paid advance of Rs.3 lacs to Builder. Afterwards, it was found that it was unathorised constrcution.Now he does not want to purchase the same. Builder will give 3 post dated (6 months) cheques of Rs.1 lac each in exchange of Stamp paper (Agreement for sale) & advance payment receipts. What should be legal course of action for the same. Shall he should return that Agreement & advance payment receipts? What if Cheqes are not cleared after 6 months?
Shahzad I
11 July 2009 at 11:40
Hi,
I had taken 7 personal loan , 2 car loans & also have credit cards from 4 banks. I have managed to close 2 car loans and 3 personal loans, few loans were provided on the basis of my clear credit rating and track records, but due to recession i had lost my job and i have been unemployed since last 10 months and till Mar 09 i had paid ll my EMI and have exhausted my savings and now i am not able to pay my EMI and Credit card dues. Currently am completely broke and the respective banks have started harrasing my family members and have used abusive language on call while informing them the situation. i managed to pay some amt borrowing it from my family & friends. Due to unemployment i am not able to pay any due and am getting legal notices from advocates and Brihan Mumbai District legal service authority. Currently and until i get a job i am not in a position to pay off my loan and the layoff,these notices and calls have actually effected me mentally & physically. Please advice on what can be done in these situations as its just effecting me & my family
Selvam Perumal
11 July 2009 at 11:37
Dear Sir,
I am expecting your kind clarification on the following query:
A dwelling house stands in the name of the Husband. He died intestate by leaving his wife and one Son.
So now the said Son and his mother are the real sharers of that house.
In the meanwhile the mother had executed a registered Settlement Deed thereby bequeathed her share infavour of her son on condition that he can enjoy her share in addition to his share after her life-time.
After executed the said Settlement Deed her son had shown his cunning attitude thereby he had beaten-up his mother and thrown away from that house and as such now she had been staying at Centre for Old-aged Persons.
Under these circumstances now the mother intends to cancel the said Settlement Deed executed infavour of her son since her son ill-treated her.
Sir, in this regard I am having a doubt that is it possible under law for cancelling the said Settlement Deed since though it was executed by the mother infavour of her son but it was executed only on a condition that it will come into effect only after her death.
Expecting your valuable clarifications in this regard.
Murugesh
11 July 2009 at 10:59
Dear Sir,
Please inform any minimum period shoul required for the employment agreement. Normaly companies making employment agreement for 1 year. But in exceptional case any minimum period is mentioned as per law like 1 month or 3 month?
Member (Account Deleted)
11 July 2009 at 10:40
The owner of a property (residential house) died leaving 2 son 2 daughter. Both daughters are married. Before death the father made a document and registered it.
Title of the deed is DEED OF FAMILY SETTLEMENT.
It starts with,, This indenture is made…..between MR. A (the father) …referred to as SETTLOR And between Mr. B & Mr. C …….referred to as TRUSTEES.
The deed creates a trust and transfers the property to the trust. It says that the daughters shall have no right or interest in the trust property. Two sons will manage the trust property.
Second part of the deed says ‘that upon death of the SETTLOR the trust hereby created shall come to an end and the said trust property shall automatically and immediately vest upon the settlor’s two sons in equal share freed and discharged from the trust. No other heirs of the settler shall have any right or interest in the property.
The deed was signed by the father (settler) and two sons (trustees).
The fact is one of the daughter stays in the same house continuously till date even after marriage with her husband. She is having possession of 1/3 portion of the property.
Now one of the brothers filed against the other brother a Suit for partition claiming ½ share of the property. On strength of the second part of the deed. But no sisters are impleaded as defendant.
My question is what is the nature of the above deed? Is it a trust deed or a will or mixed in nature?
Whether the Second part of the deed can be treated as a will? If so can a partition suit maintainable on that?
I think if it can be treated as a will then proper course was to take a probate. Am I right?
I am for the defendant brother. The defendant brother and other 2 sisters wants the property be equally partitioned each getting equal share. ¼ th each.
Seniors please guide….
Vishal jain
11 July 2009 at 09:46
Hi all
I am having a matrimonial dispute with my wife. She has filed a false 498a/406 against me in which she has clamied that she and her parents have spent more than 16 lakhs. Out of which she has clamied that her parents has given gold ornaments worth Rs.5,00,000 /-.
Just to prove my inocence, I filed one TEP against my-laws and request the Income Tax department to check if Rs. 16 lakhs was there in there files by that time of marriage.
Now, from reliable sources I came to know that there was not this much amount as claimed by my wife at the time of marriage. The Income Tax officials told me that there is some explained and some un-explained money the her so called claimed dowry list. The Income Tax officials that they has issued on demand letter to my in-laws also. They also told me that they have submitted a final report of 150 pages to CHIEF COMMISSIONER OF INCOME TAX against the complaint and hence the complaint is closed now.
Q 1) what is the demand letter ?
Q 2) How can I get the copy of that final report from CHIEF COMMISSIONER OF INCOME TAX.
koteswararao
11 July 2009 at 00:56
can a unconditional gift deed be revoked unilaterally in andhra pradesh and can the registrar register the property even after the matter has been filed in the court.
PALNITKAR V.V.
10 July 2009 at 22:20
Some of the Delhi lawyers have reportedly assaulted one Additional District Judge. What should be done to such lawyers.
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probation & confirmation
i am working in aviatioan company.As per terms of conrract one has to complete Six months trainging and on sucessfull competion of trining it will be six monts probaion. After sucessful completion of six months probation employee be confirmed in writing.
There are more than 200 persons those who have sucessfully completed thier probation sucessfully and even after woking for 20 - 24 months are not confirmed.
It is also pertinent to state that company is employee more new employees and not confiming the the earlier employed employees.
This is a clear case of Exploitation and denying the benifits of confimed employee.
PLS ADVICE THE REMIDY WHAT TO DO AND HOW TO PROCEED IN THIS MATTER.
IF SUGGESTED CAN WE APPROCH THE UNION & LABOUR AUTHORITIES.KINDLY SUGGEST THE WAY TO GET CONFIRMATION.
THANKS // RAHUL