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How to have a tenant vacate premises by sending a...

If one were to own extra houses and earn rental income out of those houses then its regarded as a source of passive income. Nonetheless, if right steps aren’t taken, this passive income source may turn out to be nightmarish and more so if one had to deal with careless tenants.Legal notice of vacating the premises from the landlord to the tenant is presumed as an opportunity of eviction of the tenant followed by the tenant looking for a new place to stay. Notice to the tenant for vacating is a circumstance where a tenant gets a reasonable time to vacate the place on rent and look for a new one.Why send notice to vacate premises?An eviction notice in India is a formal intimation to the tenant. For the tenant to vacate the rented property, a legal notice is essential.The situation gets worse for a landlord in any tenancy if the tenant deliberately or is intent on stubbornly holding on to his/her ground and staying put. Tenants of the type create inexorable nuisance at the landlord’s expense. Such incidents are quite common in India. The tenant forcibly remains in possession, thus provoking the landlord to file a lawsuit to evict the tenant. However, prior to filing a case, the landlord ought to first and foremost send notice to the tenant for vacating the premises.In the case of employee accommodations provided by employers often are put up on rent for some extra income. Nonetheless at times, evicting the tenant even after intimating that the tenant ought to vacate the apartment is a hassle of sorts. There is no reason at all for a landlord to be worried even if such a scenario looms. The landlord could consult an expert lawyer to evict the tenant after all the criteria of the notice are fulfilled. At this point, sending a tenant eviction notice drafted by an experienced lawyer is crucial.  How should the landlord deal with the tenant?If the landlord wants to send the tenant packing to form his rented property he would ideally send a notice or letter for vacating the premises to the tenant. The landlord is the owner of the property and therefore can rightfully claim his property from the tenant after giving a reasonable time to the tenant to vacate the property. While it's not mandatory, intimating a tenant to vacate the property through eviction notice is the acceptable protocol of apprising the tenant of the fact that the landlord intends on evicting the tenant.Eviction notice to the tenant is a type of evidence in the Court of Law that the tenant did get adequate time to make alternative arrangements in the interim period and move out.Oftentimes situations arise where properties are on lease through long term lease agreements. However, the tenant ought to vacate it prior to the end of the lease term. In cases like that, the landlord would typically send a notice of lease termination to the tenant and the tenant would have to vacate the premises within a reasonable time.Call 7604047601 for consultation with a registered expert property lawyer on Vidhikarya. 

Posted By

Avik Chakravorty

11 hours ago

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A step-by-step guide for legal recourse when Chequ...

|A Cheque is a mode of payment that is widely used for transactions including loan re-payment, payment of salary, bills, fees, and so on. Banks on a daily basis process and clear the vast majority of cheques. Issuing cheques are essentially proof of payment. However, cheques undeniably are a reliable mode of payment for most people. Conversely, issuing crossed “Account Payee Only” the cheque is advisable and indeed recommended so that the cheque is not misused in any way, shape or form.  A cheque basically is a negotiable instrument and they are of two types including Crossed and Account payee cheques which are non-negotiable by any person excepting the payee. The issued cheques have to be deposited into the bank account of the payee. The legal definition of the author of the cheque is ‘drawer’ and the cheque is drawn in favor of the ‘drawee’ and the paying bank is typically known as the ‘payee’. Cheque bounce cases in recent times are quite common. Occasionally, huge cheque amounts remain unpaid and payee banks return them dishonored.Dishonor of cheque results in the drawee bank issuing a ‘Cheque Return Memo’ to the payee’s banker pronto stating the reason for non-payment of the cheque. The banker of the payee then returns the memo and the dishonored cheque back to the payee. The cheque can be reissued or the payee can reissue the cheque within the timescale of three months of the cheque date if the drawer believes issued cheque will be honored the second time around. However, if the issuer of the cheque fails in making a payment, then its the payee’s right to proceed along the lines of legally prosecuting the drawer.  The defaulter/drawer may be legally prosecuted by the payee for the fact that the cheque was dishonored. However, the only exception to the rule is if the cheque amount is huge and the cheque payment is towards discharging debt or other defaulter liabilities towards the payee. In the case of a gift cheque, which may have been towards obtaining a loan or for illegal purposes, then the drawer is exempt from being prosecuted.Legal action In case of payee deciding to proceed legally, then the payer ought to have the chance of repaying the cheque amount pronto. The chance ought to be given only in the form of notice in writing. The notice ought to be sent to the drawer within a month of receipt of the “Cheque Return Memo” notice from the bank. The notice also ought to allude to the fact that the cheque amount ought to be paid to the payee within a fortnight from the receipt date of the notice by the issuer. If the issuer of the cheque is unable to pay within a month of receipt of the notice the payee is entitled and indeed empowered to file a criminal complaint under Section 138 of the Negotiable Instruments Act. Call 7604047601 for a preliminary phone consultation with the registered expert cheque bounce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

1 day ago

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Consult Top Customs Excise Lawyers in India

HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Customs, Excise
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Advocate Harish Kaushik has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. View Full Profile
NIRAJ  KUMAR

NIRAJ KUMAR

ADVOCATE
Exp
East Delhi , Delhi

Specialization

  • Customs, Excise
  • Arbitration and Mediation
  • Oil And Gas
Performance Driven Professional with more than 17 years experience as an advocate and as an In-House Legal Counsel. Expert in Corporate advisory and litigation relating to commercial arbitrations, banking laws and laws related to PNGRB. View Full Profile
ANANT  SHARMA

ANANT SHARMA

Advocate & Managing Partner
Exp
New Delhi , Delhi

Specialization

  • Customs, Excise
  • Criminal
  • Intellectual Property, Copyright, Patent, Trademark
  • Media, Communication, Entertainment
  • Partnership
Having more than 8+ years of experience in the legal field in hard core Litigation and Court practice with the track record of 100% success in my work. Legal Advice Given: 1,500+, Cases Fought: 350+, Court Appearances: 1,000+ I am focused only on one thing "Winning the Case". View Full Profile
Sampa Ghosh  Supreme court lawyer

Sampa Ghosh Supreme court lawyer

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Customs, Excise
  • Divorce
  • Criminal
  • Property
  • Administrative Law
Expertise In Civil & Criminal Cases & Passionate to work in Supreme Court Cases. View Full Profile
Dipankar  Majumdar

Dipankar Majumdar

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Customs, Excise
  • Tax-GST
  • Sale
  • Tax-Sales Tax
  • Tax-Service Tax
I am an advocate practicing in Kolkata on civil as well as criminal side before High Court, Tribunals as well as District & Sessions Courts. I have specialization and deep experience in Indirect Taxes (GST, Customs, VAT, Excise, Entry Tax, etc.) and allied civil commercial laws. View Full Profile
A.G.SYAM  KUMAR

A.G.SYAM KUMAR

Advocate
Exp
Thiruvananthapuram , Kerala

Specialization

  • Customs, Excise
  • Advertising
  • Maternity
  • Sale
  • Software License
Manoj  Ojha

Manoj Ojha

Lawyer
Exp
Cuttack , Orissa

Specialization

  • Customs, Excise
  • Civil
  • Administrative Law
  • Advertising
  • Contracts And Agreements
I am practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired excellent professional experience in providing legal consultancy and advisory services. View Full Profile
Total Answers Given : 2
Pawan  Sharma

Pawan Sharma

Advocate
Exp
South Delhi , Delhi

Specialization

  • Customs, Excise
  • Criminal
  • Intellectual Property, Copyright, Patent, Trademark
  • Military Laws
Economic Offences, Criminal and Civil matters, and commercial matters is my core competence apart from legal issues of varied nature. View Full Profile
Sunil  Jain

Sunil Jain

Lawyer
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Customs, Excise
  • Criminal
  • Sex Crime
  • Bankruptcy And Debt
  • Civil
I am a criminal lawyer by profession based in Ghaziabad with appearance before all Courts and Tribunals in Delhi / NCR including Allahabad High Court and adjoining Districts of Western Uttar Pradesh like Meerut Moradabad Bulandshahr Muzzafarnagar Hapur Noida. View Full Profile
Shehbaaz  Sayed

Shehbaaz Sayed

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Customs, Excise
  • Criminal
  • Administrative Law
  • Adoption
  • Advertising
I am practicing in High Court and all other Courts in Maharashtra. View Full Profile
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  • What is custom and excise law?
  • What is the governing act for customs and excise in India?
  • What is rate of duty on various category of goods?
  • What is period for filing returns by assessee?
  • Who is liable to pay central excise duty?

Custom duties are a source of revenue in India. They are a type of tax, and the governing law for Customs is the Customs Act, 1962.

As per Section 12 of the Customs Act 1962, charges are applied on the imported/exported goods (known as custom duties). The rates of these charges are spoken of in the Customs Tariff Act, 1975. The Union Government can exempt certain goods from the purview of custom duties on the conditions which the Union government deems fit.

As per the Customs Act 1962, a hierarchy of authorities exists for the purposes of adjudicating disputes which can arise between the customs authorities & the exporters/importers. In the 1st instance the adjudication is taken up before officers of the rank of Assistant Commissioner or Joint Commissioner or Additional Commissioner. In specific conditions debate might be arbitrated by a Commissioner. Either party (the assessee and additionally the traditions expert) distressed by a request go by an Assistant Commissioner or Joint Commissioner or Additional Commissioner may document in offer before the investigative specialist known as the Commissioner of Customs (Appeals). A moment claim lies before the Customs Excise and Service Tax Appellate Tribunal. In any case, if in the principal occurrence the question is settled by an officer of the rank of Commissioner, an interest would likewise mislead the Customs Excise and Service Tax Appellate Tribunal. Against requests of the Customs Excise and Service Tax Appellate Tribunal two surges of advances are examined. On the off chance that the issue identifies with either the characterization or valuation of products, an interest deceives the Supreme Court of India. In different cases an interest misleads the jurisdictional High Court. In any case, such an interest to the High Court would just lie if the interest includes a considerable inquiry of law.

Excise taxes unlike customs duties are charges on goods that have been produced within a country. The governing laws for matters concerning excise duties are Central Excise Act 1994, Central Excise Tariff Act 1985, and Central Excise Rules 1944.

Central Excise Act 1994 is the basic law related to the levy and collection of duties of central excise. However this Act does not contain the rate at which duties are imposed. Central Excise Tariff Act 1985 classifies various goods on which central excise duties are levied and prescribes the rates at which the duty is payable.

Central Excise Rules 1944 makes an obligation for all manufacturers of excisable goods to be registered under these rules. The registration is valid a long as production activity continues and no renewals are necessary.

Excise duty is not directly on the goods, but manufactured thereof. Though both excise duty and sales duty levied with reference to goods, the two are very different imposts. In one case, the imposition is on the act of manufactured or production, while in the other it is on the act of sale.

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