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I was purchasing goods from one party in Surat, cleared all their bill but they by raising fake bills threatened me to harm. I filed a injuction suit in Delhi courts. Now they are threatening me that they will file a civil suit for payment recovery in Surat. Now my question is that when one case between sane parties regarding same matter is already going on in Delhi courts in., Injuction suit filed by me , Can they file a new civil suit in Surat for recovery of their payments??

A. It is not possible. This is called "res sub judice", and they are barred from filing a fresh suit on the same cause of action against you..
Viswanath M K Exp: 5 Year(s) Chennai
We are a Dubai based company with business across GCC. We are planning to setup a back end operations office in Hyderabad with about 3 to 5 employees in the first 6 months and about 10 employees after 1st year. The nature of operations will be digital marketing for all of our businesses and the campaigns will be run all over the world as per our target markets including India. We will also hire real estate sales agents in the near future who will make sales pitches to Indian resident clients to sell properties in Dubai and other parts of the world. We do not intend to sell Indian properties at this point in time. All payments by property buyers will have to happen in Dubai and the India office will not collect any payments. We want to keep the Indian arm only as a cost centre. Our knowledge and plan is as follows and I want your expert advice on the same: 1. Register a Pvt Ltd company with 1 indian resident director and 1 NRI director or 2 Indian resident directors (We have people who can act as directors for us officially but the Dubai office will run the show unofficially) 2. The directors will have 100% share holding officially but Dubai office will be the 100% share holder unofficially (We trust these people so no issues here) 3. The Indian Pvt Ltd company will provide services to the Dubai company and treat the Dubai company as a client. 4. The India company will invoice Dubai company only as much as their expenses so that no profit is generated and hence no corporate tax will be applicable 5. There is no service tax or any other form of GST for providing services to a foreign company 6. The Dubai office will also sell the digital marketing services to other businesses not owned by the Dubai office (external clients) in Dubai, including Indian clients but that will not reflect in the books of the India company. 7. The advantage of such a setup is that registration cost of company is less, annual compliances are simpler and cheaper and setup of operations maybe faster. 8. We intend to take 100% share officially in this India company after a few years. 9. The Dubai company will also engage real estate agencies based in India to become our channel partners on a commission sharing basis. We want you to draft a standard channel partner agreement for the same. 10. The importance of having the right and valid commercial office address to register a Pvt ltd and GST license. 11. What is the criteria for GST registration? 12. Does a setup like ours require a GST registration? 13. Can I register a Pvt Ltd in Kerala with a commercial office address and open the office in Bangalore? Request you to validate the above understanding and let us know if this is a good approach, if not then why and which is a better approach and why.

A. Dear friend, you have to contact a chartered accountant to assist you in setting the business up. A competent CA would assist you in all ROC and tax related compliance.
Viswanath M K Exp: 5 Year(s) Chennai

Anonymous

Posted 5 months ago

Hi My husband had filled a petition of judicial seperation section 10 of hindu marriage based on cruelty as mentioned in summon. I am living with him at his home with having a baby girl of 1 year. I don't want to give divorce or seperation to him. So Is this easy for him to get seperation through court.?? Also wants tò know that separation and divorce are similar ??

A. See, in family court, evidence has no significance. The only thing that matters is that whether the marriage is fit to be dissolved or not. The court is not for the purpose of separating a family, but it is founded for resolving disputes and bringing the couple to reunion. Whatever it is that your husband has recorded over phone does not matter. Tell the judge that you have a child and don't want the separation to be granted. Only that will be taken to consideration by the judge. Any further doubts, call me through Vidhikarya.
Viswanath M K Exp: 5 Year(s) Chennai
i have purchased 1bhk flat in panvel, stamp duty registration is done. and possesion of flat is dec-2020 as per RERA. but he told me i give in dec 2018. and i gave him 10% 1.5lac amount. and home loan is 26.50lac. In agreement total value is 28 lac. now he said our deal is 28.5 lac and also in agreement the 10% amount at the time of possession. but he got all amount from bank. Bank employee also his faver. At the time of sign check bank employee say i release 80% amount but after that he told me builder required 100%amount. So on this basis can i file compliant against builder.

A. For any amount to get released from the bank to the builder, usually, any bank requires a letter or request note from you to make the disbursement. From what you say, the bank has released amount from your loan account without your consent. So, you have a good case against the bank.
Viswanath M K Exp: 5 Year(s) Chennai

Anonymous

Posted 5 months ago

Sir., Good morning My neighbor has become a Noisy neighbor by whirring of kitchen appliances,Beating of vessels,Throwing of vessels from stove top shelf to ground tub kept for uncleaned vessels,Running mixer Grinder after 11:00 Pm,All works ends around 12:45 Am through the night causing Sound,Health hazards and disturbing sleep in night,It effects our mind,Comfort,Health,Peace of Liberty,It is not less than a mental torture leads to health loss,We all family members can't sleep because of such Nuisance.When Law is there To Right To Sleep.It Breaches Human Right to Live In Peace and Tranquility...I donot know how to prove the sound which exceeds more dbs in night,one press reporter is supporting in police station.kindly let me know how to take action legally. flushing out toilet water on road it reaches in front of my house,throwing garbage at the side of my house.

A. You can sue your neighbor for private nuisance and even claim damages in tort.
Viswanath M K Exp: 5 Year(s) Chennai
Sir, I understand from different means if a man says I want to get separated from wife all parties point the man and make him understand and unite with his wife. But why there is no law for man who want to live with his wife. My story is my in-laws corrupted my wife and separated her from me. She is not that matured to understand their game. Now I am the one who suffer and also they made her to leave India and work in Bahrain in a Place where no man would like to see his wife. For their carving for money why family life should get affected and what is the legal proceedings I should take. My wife has a bigger issue in staying with me reason is her mother make her drink and made it has an habit for her now. Please help me saving my marriage.

A. You have to file a petition for restitution of conjugal rights, which means, a case asking the court to order your wife to live along with you.
Viswanath M K Exp: 5 Year(s) Chennai
My maternal grand father bought some land 25 years back. His brothers filed a case against him asking for a share in the land. My maternal grand father has included my mother and her brother as defendants in the case stating that they have equal rights to the property and won the case. He died in 1995. Then, his brothers went to high court and recently withdrew the case via settlement. Now, my maternal uncle is not giving any land to my mother. What can we do get the share in the land bought by my maternal grand father?

A. Can say only after the settlement terms are studied.
Viswanath M K Exp: 5 Year(s) Chennai

Anonymous

Posted 5 months ago

A flat was mortgaged by ICICI bank and total loan amount was disbursed to builders account, I was paying emi’s Regularly but I stopped paying them when I come to know that same flat was sold to others as well and builder was fraud. Now bank has deposited my security cheque which got dishonored and case under 138 has been filled against me.. please suggest what shall I do as builder is already behind the bars as loads of FIRs were logged against him Bank is asking me to pay the emi’ s for something that does not exist. There is half done construction of this project I am being trapped by the bank and builder Please suggest

A. Immediately you have to lodge criminal proceedings against the builder, and become one of the parties in the case against him. After that, you will have to move the High Court seeking directions to stay 138 proceedings against you.
Viswanath M K Exp: 5 Year(s) Chennai

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