[greenhorn]

Need some help to settle a debate i had elsewhere.
Car was parked in front of gate blocking access to my house. Owner was nowhere to be found and no contact details were found on the car. If I (hypothetically of course) used a scale to break into the car, Put the car in neutral, and pushed it to another location so that I could have access to my house - What Specific Indian laws would I be breaking?

Edit: looks like Section 378 of IPC Deals with theft - but if there is no intention to take someone's property, is it still theft ?
Looks like the definition of "Move" is a bit muddled - Open to inputs here

[Kumar R]

Originally Posted by Warwithwheels

A legal query pertaining to lockdown.

A friend of mine has certain sum of money payable to him under a contract which is to be paid within X "business days" from date of agreement.

The question now is whether the current lockdown period can be considered as "business days" to reckon the due date for payment?

Any reference to legal provisions would be appreciated.

Yes, it should be counted unless there is a force majeure clause within the contract that provides suspension of obligations for reasons such as riots, war, a lockdown, etc. Even where such a clause exists, it's wording will have to be carefully considered to see if it covers an epidemic. Be mindful that payment systems have not been shut down so non-performance cannot be defended on that ground.

Barring very select obligations, the government of India has not passed any act or ordinance excluding this time from being computed for the purpose of contract performance (unlike Singapore which passed a comprehensive law to this effect). A court may, nonetheless, grant some interim relief - given how populist our judiciary has become, but a permanent award is unlikely in the absence of statutory benefits.

[aashishnb]

Originally Posted by greenhorn

Need some help to settle a debate i had elsewhere.
Car was parked in front of gate blocking access to my house. Owner was nowhere to be found and no contact details were found on the car. If I (hypothetically of course) used a scale to break into the car, Put the car in neutral, and pushed it to another location so that I could have access to my house - What Specific Indian laws would I be breaking?

Edit: looks like Section 378 of IPC Deals with theft - but if there is no intention to take someone's property, is it still theft ?
Looks like the definition of "Move" is a bit muddled - Open to inputs here

Wouldn't it be better to just call the RTO Towing Van or another Towing Van to tow the vehicle from front of the gate. BTW, parking a car in front of a gate is an offence and RTO generally tows such vehicles.
If you want to be nice to the owner, you can perhaps just call the towing guy (without the RTO) and move the car.

[Thad E Ginathom]

A couple of questions so simple as to be almost stupid, but I am having trouble finding the simple answer. Confused as to what has been extended and what has not...

I am a senior citizen with no business interests. As such I do not pay any advance tax. For this year...

1. What is the deadline for filing tax return?

2. What is the deadline for paying the tax?

[Warwithwheels]

Originally Posted by Thad E Ginathom

A couple of questions so simple as to be almost stupid, but I am having trouble finding the simple answer. Confused as to what has been extended and what has not...

I am a senior citizen with no business interests. As such I do not pay any advance tax. For this year...

As a senior citizen with no business income, you do not have any obligation to pay advance tax.

1. What is the deadline for filing tax return?

The July 31st deadline has been extended to 30th November 2020.


2. What is the deadline for paying the tax?

Usually, the self assessment tax must be paid before the date of filing the returns. But the Govt. may even decide to have a separate deadline that may precede the due date for filing the returns.

[Thad E Ginathom]

Thank you very much, Warwithwheels.

We have a CA, but I don't think he has yet even been able to return to this city. Now I have longer to save up the money to pay for the tax bill!

[psynaps3]

I am looking for some advice on how to vacate a tenant who has defaulted on payment of rent for the past few months and is refusing to vacate the premises. We have a registered lease agreement for 11 months that is about to expire. I assume I need to take the legal route in this case.

Can someone please recommend a reliable and trustworthy lawyer in the EKM (Kochi) region who can handle such cases? Thanks in advance!

[jbpanda]

Originally Posted by psynaps3

I am looking for some advice on how to vacate a tenant who has defaulted on payment of rent for the past few months and is refusing to vacate the premises. We have a registered lease agreement for 11 months that is about to expire. I assume I need to take the legal route in this case.

One needs to examine the termination clause in your lease deed. Typically, non payment of rent for a certain period is defined as a material breach entitling the landlord to forfeit/ adjust security deposit and terminate. You may refer to those clauses and issue a legal notice to the tenant calling upon him to pay pending rent within a certain period or exercise right to forfeit/ adjust security deposit in that regard and terminate. Post that, you may seek legal recourse, if necessary. For that one has to look into the dispute resolution clause provided in the agreement.

[tikku.dk]

Originally Posted by psynaps3

I am looking for some advice on how to vacate a tenant who has defaulted on payment of rent for the past few months and is refusing to vacate the premises.

Hi you can evict the tenant for breach of terms and for bonafide needs of yours. For non payment of rent a legal notice demanding arrears of rent, or to surrender vaccant position of building is mandatory(please refer S. 11(2)(b) of Kerala Building Lease and Rent Control Act), then only you can file Rent control petition before rent controller. You can PM your number to me, I will refer my friend who is a civil lawer practicing in Eranakulam

[Karthik.guru]

I am looking for some advice for a tricky situation, this is also the first time I will be filing income tax hence the added anxiety
Most of last year I was unemployed and depended on allowances from my father to meet my expenses which he either directly transferred to my account. Additionally, he sometimes also used my account for payments to be made by his clients to him, i.e. they would deposit cash in my account and I would transfer it to his (don't ask me why, I still don't know). I know for certain that he pays taxes on this amount. I got a job mid-way through the year and now while filing ITR, due to the transactions mentioned above, I'm jumping an entire tax bracket.

Is there any way for me to prove that these transactions were not part of my income? Can I claim them under 56(2) as "Gift from relatives"? I am salaried and have TDS slips.

Thanks in advance!

[Warwithwheels]

Originally Posted by Karthik.guru

Is there any way for me to prove that these transactions were not part of my income? Can I claim them under 56(2) as "Gift from relatives"? I am salaried and have TDS slips.

Thanks in advance!

1. Not all money deposited in your account becomes your income.

2. Money transferred from your dad to your account will not be taxable.

3. Use the figures in your form 16 to file your returns unless you have any other sources of income apart from the ones mentioned above.

TIP: Try to avoid cash deposits in your bank account on behalf of your relatives. Cash deposits and payments in bank accounts are being viewed strictly and may grab unwarranted attention if the volume goes up and you don’t have adequate explanation to support the same. Always keep a track of the source of such cash receipts and the purpose.

[JediKnight]

I have an outstanding tax demand. The demand was raised on 14/06/2011. It is for the accessing year: 2010-2011. It is raised under section 1431a. It says uploaded by jurisdictional AO. And rectification right are also with AO. The demand is for a relatively small amount of money: 3000 Rs. When i had received the demand i cross checked my returns and did not find anything wrong with them. I had a educational load at that time. The interest for the same was tax deductible. I could see that the discrepancy was due to this. The tax department somehow had not considered this. I remember giving the proofs of the same to my company while submitting investment proofs. Also it was there in my form-16 as well.

I replied to the message "disagree with demand" with the relevant reason. After that there has been no response from the tax department. It seems to be stuck in that state.

I was wondering, since the amount is very small, i will pay the amount rather than argue with the tax department. Although it is clearly not an error on my part. If i don't pay the amount it will become huge due to penalty and interest. There is link "pay tax" in the demand notice. If i click on it, the amount is the same as was in the initial demand. No penalty or interest. Makes me wonder it it is valid. I was also wondering if i could settle this using the "vivad se vishwas" scheme ?

[chetan]

I am looking for advise from lawyers who expertise in matters relating to Claims in property. Please PM.

[KVNair]

Please help me with regards to this unusual scenario:

I bought a new TVS Jupiter classic from an authorised dealer in Bangalore on June 1st. It has been 3 and half months, but I have not been provided with RC, road tax, and registration number. The dealer is simply delaying and most probably not even applied in RTO for vehicle registration. All I have is the insurance paper for this year provided by the dealer and some payment receipts.

I contacted the TVS support on 12 Aug, but even they have failed to resolve this matter. Now, my scooter is simply parked because it is not road legal.

I have told the dealer person that if they delay any further, I will file a case in consumer court. I am seriously considering the legal option now, what is the first step? Should I get a good lawyer to file the case? Are there any good lawyer firms who specialise in consumer court related cases in Bangalore? Kindly suggest.

[sansvk]

Originally Posted by KVNair

Please help me with regards to this unusual scenario:

Would suggest to try via twitter. Mark the company and its leaders. You should get some response.