Advocate S Mubarak Begum

Questions Answered by Advocate S Mubarak Begum

Q: False Return of Dowry case filed - No representation and set exparte

Hello Experts!This is regarding a false Return of Dowry case filed by the wife on the husband. Summons were never delivered to the husband as they sent to the native place and door was locked. But during the first court hearing date the status is updated in ecourtsServices as "Through court & Registered Post returned unserved stating that door locked. The matter is placed before the Presiding Officer. Petitioner present. Respondent called absent. No representation and set exparte. For Petitioner evidence call on December 2019". Q1) What does the above status mean?Q2) Is that the husband lost the case in lower court?Q3) Can the husband appeal for this exparte order?Q4) What should be the course of action?Q5) Can the husband give Power of Attorney to a lawyer to represent on his behalf and attend the court only for critical stages of the case?Thank you!

Advocate S Mubarak Begum answered
Please give clear information with regard to the case file. if it is Dowry case it will be criminal in nature, warrant will be issued to you. That can be recalled by engaging the service of lawyer and you can also file a regular Bail Application at the same time. I don't think so it is 498A case. If you have placed exparte, that order can be recalled by giving the proper reasons. you need to engage a lawyer and file an application to set aside the exparte order. And once it is allowed you will come on record and can contest the matter before the Court.

Q: Who is responsible for rental agreement renewal

I have made agreement with my tenant and its mentioned for 3 months agreement.the agreement is not renewed, now he is not following the guidelines mentioned in the agreement claiming that the agreement is lapsed.please suggest

Advocate S Mubarak Begum answered
TIf there is a clause to renew the agreement by the Tenant, it is his responsibility to renew the Agreement..If he he/she has not renewed it from his end, if Agreement is expired you can take legal action against the tenant terminating his tenancy by sending a legal Notice.

Q: Is it compulsory to take the DNA test ordered by the court

hindu - religion Applicant filed 125 maintenance in Magistrate court telling that she married me during 2004 and gave birth to child during 2005. court ordered to pay maintenance Rs 2000 to mother and Rs 2000 to miner child , I filed revision to distinct court, distinct court set-aside the magistrate court order with observation that there is proof of NO MARRIAGE [JUDGEMENT dated: 12-september-2011, in 498(A) AND DP ACT case filed by applicant on me dismissed with observations no proof marriage as well as living together relationship , this is marked in sec 125 case ] and asked the magistrate court to re-look the case after ascertaining the paternity of the miner child. Now magistrate ordered for DNA Test to prove the paternity and court is forcing me for DNA test. Applicant is having 15000/- income from her salary. My back ground; i am a married Man (married during 2002), living with wife and Son in sira town - kanataka,

Advocate S Mubarak Begum answered
Dear Sir, First of all Marriage is disputed and it is proved that there is no marital relationship between you and the Applicant (Mother) and also it was proved that there was no live in relationship between you. it seems the Mother might have filed an application for DNA Test in the 125 CRPC Proceedings. if the court has passed the order on that application and directed you to go for DNA Test either you can obey the directions of Court or you can challenge the said order. If the you do not challenge the order you have to undergo for DNA Test to prove the paternity. And it is not clearly mentioned in your query whether she has filed an application seeking directions for DNA Test from Court. it is better to challenge the order passed by the said Court.

Q: neighbour giving lot of problem on property issue what to do

A neighbour, back side of my home not left any any set back ( built full 40" feet length in 30*40 site) and has kept windows. After that he is falsely claiming 0.5 feet in our site to keep Windows. Since he may have bribed the BBMP engineers they are not taking action inspite of many complaints (They are like " let him keep! What's your problem?" ). Can you please clarify what is the minimum set back to keep windows on wall? And can we bring any stay from the court to stop the construction?

Advocate S Mubarak Begum answered
Yes you can file a suit agasint your neighbour for encroaching into your property illegally and can get the Ex parte interim order of stay to stop constructionas . He is fixing the window by voilating the norms and rules. At least he should leave Two feet as set back to fix a window. It is prima facie clear that he is encroaching your property and trying to fix the window. File a suit for permenant injunction agasint him and get the stay order from the Court.

Q: Legality of gift geed from a person to a company

Can a person transfer an immovable property (land) to either a registered limited liability partnership (LLP) or a registered private limited company in which he/she is not a partner or a director using a gift deed? The partners and directors are not immediate relatives. What are the tax implications for the person gifting the property?

Advocate S Mubarak Begum answered
Yes Company is a competant to make Gifts and to recieve Gifts, for that it is not necessary that the Donor should be a relative . And natural love and affection are not necessary requirment . Gift recieved by a Company is Capital Reciept and cannaot be charged to tax under Income Tax Act 1961, since there is no specific provision for taxability of such reciepts in the statute. Therefore company need not pay Tax.