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Dhingra P.S.   13 January 2015 at 10:41

Service tax on advocates

Hi all,

WRIT PETITION NO.1927 OF 2011 Writ Petition under Article 226 of the Constitution of India pertaining to Service Tax on Advocates has been dismissed by the Bombay High Court through its judgment, dated 15 December 2014.

The present writ petition was filed to seek declaration of the impugned provisions in section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act, 2011 as null & void. The writ sought to challenge levy of Service Tax on Advocates. Section 65(105)(zzzzm) of the Finance Act, 1994 as inserted by the Finance Act 2009 and substituted by Finance Act 2011, proceeds to levy Service Tax on the Advocates. The amendment to Finance Act as mentioned levies, assesses and recovers Service Tax from Advocates and hence the same was challenged for being violative of the constitutional guarantee of justice to all.

With that judgment, all writs on the subject, as clubbed with the aforesaid writ, stand dismissed.

The full judgment can be accessed at the following link:
https://drive.google.com/file/d/0B5vWGtQ14k1BR0VsN0xGUTNOcWs/view


Any views of members?

shailza   12 January 2015 at 14:06

An accident.

Dear Sir/Madam,

Two days before while my husband dropping me one lady on her two wheeler hit our car on the right side and after driving about three feet of distance fell down and got injured. We took her near govt. hospital provide her first aid called her family and stayed for full day there. She got her right leg fractured.At that time they said nothing and nor they lodged any FIR. But yesterday one police man came to out place and called us to our nearby police station.
They pressurized us to call and second party and make compromise. We called the the second party but they refused to come by saying that we are not in the position to give any statement. They have some political links also. Now police people are saying to make compromise otherwise they will impound the car and also will keep my husband at police station.
We are not understanding but to do. All seniors are requested to guide me in right direction as soon as possible.

Thanks and Regards,
Shail

Saurabh   10 January 2015 at 14:28

Whether eligible for obtaining obc non-creamy layer certificate or not.

Respected Experts

I am Saurabh age 26 looking for job in government sector, but I don't know whether i am eligible for obtaining OBC Non-Creamy Layer certificate.

As my caste listed in the central list of OBC, but even though i have doubt i.e. As my father is a PSU (SAIL) employee (Non-Executive) and having income more than 6 Lakh. Now I would like to know whether i am Eligible to obtain OBC Non-Creamy Layer certificate or not.

Please advise.


Thank You.

dhalsingsahu   08 January 2015 at 17:26

Letter to hc or sc

Hello friends, please state the provisions relating to writing of letter in any public issue for calling attention to concerned HC/SC. thanks.

Sudha Aditya   08 January 2015 at 16:57

Filing of a pil in supreme court



Vijayawada, Andhra Pradesh.

Sir,

In the month of Sep'14 my cousin,a social activist, tried to create awareness in public by way of hand bills regarding the fraud of Agri Gold company, collecting deposits from the pubic without RBI permission and preparing to turn the board soon by deviating the funds into their individual accounts.

On 1st of Oct the Agri Gold management fabricated fake cases on him and made him to jail for 14 days. After that he came out on bail. And fought for justice by way of sending mails to all the officials, RBI, CBI, ED etc., which ever he knows. And trying to file a PIL in Supreme Court.

Two days back the fraud of AgriGold came in light and the searches went in Directors' houses and the chairman is escaped.
Now the state government has handovered the case to CID. The news came in TV9 channel etc.

Now can my cousin file a PIL in Supreme Court against the fraud of AgriGold Farm Estates pvt.ltd
Kindly let me know.

....SAJ SK.....   08 January 2015 at 16:11

Doctrine of precedent

Thanks in advance.
I am student of II year LL.B can anyone guide on following query.

According to Art 141 of our Constitution the decision declared by Supreme Court is binding on all courts. But I want to know that is it binding on supreme court also and can supreme court overrule the precedent judgement.

MD JAMAL MUSTAFA   06 January 2015 at 01:20

eligibility of District & Session judge (Direct Recruitment)

My friend is 38 years old.He has Practiced as an advocate in the Patna High Court from 25/03/ 2004 to 26/12/2013. Today he has more than nine years experience. Before one year he has qualified State Civil Services examination and joined as a civil post Class-2 Gazetted officer from 27/12/2013. Is he eligible for the above post? How can he apply?
pls give me suggestion with details.
With Regards

stefen Ronald   31 December 2014 at 10:40

Rti act 2005

Sir,
I need some examples to file 1st appeal and 2nd appeal. please provide detailed steps and procedures.

Hemant khandelwal   28 December 2014 at 09:25

Art. 368

Can someone explain me how majority is obtained for amending constitution under clause 2 of 368.it says that before the bill is sent to president for his assent it has to be passed in each house by a majority of total membership of that house and by a majority of not less than two thirds of the members of that house present and voting.does it mean that majority is obtained twice upon the same bill first absolute majority then special majority?if yes what is the purpose behind this

rajangam.m   25 December 2014 at 17:42

Company arbitrator is previous employee of the same company

Dear All,

One person working as a Legal officer in a Company later he resinged his post and appointed as a sole Arbitrator in the very same company is it legally valid?