Anonymous
16 March 2010 at 17:44
Can UTP be entitled to communicate/consult with his relatives or lawyers? Is there any provision of law in that regard?
pratik
16 March 2010 at 15:34
As per the Partnership Act, 1932 if the patnership firm is not registered than the third party cannot have a law proceedings against the firm or any parnter of the firm and vice - versa.
But as per Provincial Insolvency act, 1920 if the working,seelping partner or any partner has become insolvent than to realise the property for the firm can the parnter who has become a insolvent partner fill a suit in the court or under the arbirtation act because as the partnership firm is not registered as per the act, 1932.
But I have a came across the below mentioned line which say as follows :
Non - registration of a firm does not affect the right of third parties against the firm or its parnters, or the power of an official Assigns, Receiver of court under the Provincial Insolvency act, 1920 or Provincial Insolvency act, 1909 to realise the property of an insolvent parnter.
If an case laws that pls forwared it to me or with the best suitable examples .
By reading the above mentioned line we can come to a conclusion that if the partnership firm is ot registered as per the act, 1932 than also the insolvent partner can claim her/his property for the firm means he can file a suit under the firm firm name or under the individual partners name also.
Pls clarify me if i am wrong.
Also pl tell me that Which act is in force whether Provincial Insolvency act, 1920 or Provincial Insolvency act, 1909 ?
Query regarding the income tax act, 1961 & applicablity of the Civil procedure code, 1908.
2)As per section 60 of the CPC Civil Procedure code, 1908 says which values or assets are not liable for the attachment that method should be followed by the officer under the income tax act, 1961 so why CPC orders form 1 to 50 cannot apply to the income tax proceedings which is between the A.O. or any higher authority of it.
Pls forward me any notes regarding the abovemntioned topics or act.
Email Id: vyas_pratikca@yahoo.com
Thanks TO The All Experts in advance as there valueable time has been spend on answering the abovementioned queries.
pratik
16 March 2010 at 12:41
Does order (form 1 to 50 )mention under civil procedure code, 1908 are applicable during sales tax,income tax,excise & service tax proceedinds.
Thanking u all experts in advance.
example : It means the order 18 adjourment ,order 19 affadavit and many others are applicable to the income tax , sales tax excise & service tax proceedings .
P. Venu
16 March 2010 at 11:08
Is the auction of the players conducted by the IPL legal? Is it not the violation of Constitutional provision banning slavery and trafficking in human beings?
vijeta
14 March 2010 at 18:35
i know that law laid down in case commonly known as haebus corpus case is no longer a valid law as its effects have been washed off by the 44 th amendment act.but i could not understand the difference between this case and makhan singh 'case.please enlighten me on this.
thanks
Anonymous
12 March 2010 at 14:31
Dear experts
The quesry posted earlier:
Kindly advice me if the designation of a government employee ( Working as a permanent employee under centre government against class-I post)can be changed to a lower side on up gradation of the parent organization where he/she is serving.
To my above request I received the below detailed answer from one of the honorable experts: If the organization has been upgraded under any scheme and if such employee has been downgraded and no service conditions, perks and duties have been changed then it hardly matter what designation has been given to the employees.
Sir, downgrading and employee shall definitely affect his / her status and avenues of further promotion. My designation at present is Librarian and if the new designation is imposed on me It shall make me Assistant Librarian and two new persons shall be apponited senior to me as Deputy librarian and Librarian.I am fully qualified for the post of Librarian with Ph.D Degree in the subject. It is not only my same is the position of all 20 NIT librarians. It is mentioned that RECs have been upgraded to NITs. Kindly clarify.
Regards
Sarbrinder Kaur
12 March 2010 at 13:22
Dear experts
Kindly advice me if the dsigantion of a government employee ( Working as a permanant employee under centre governmemnt against class-I post)can be changed to a lower side on upgradation of the parent organisation where he/she is serving
S.Sabarinadh
12 March 2010 at 11:39
Could we say the method of the Narco analysis as the violation of Art.20(3)whether it is unconstitutional or not????? and whether the narco analysis is admitted as the admissions on before the Hon'ble courts as a mean of primary or subsidiary evidence????????????????
Anjali Arya
12 March 2010 at 07:32
What is the concept of Writ Petitions ?
In my case,
MCD (Lessor) is not giving permission for Sale of half portion of a Leasehold Shop to third party.
Whether Lessee can file a Writ Petition in High Court for against this ?
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