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PISUPATI RAVI KUMAR   02 November 2009 at 12:44

VITAL ROLE OF ADVOCATE

For CAs, ICWAs and Company Secretaries Govt. of India has made more favours to practice by Statutory Audity, engaging a Company Secretary depending on the Paid up Capital etc. In the same way Govt. of India should take steps to involve the Law Professionals in sveral areas - is it not?

babu   02 November 2009 at 12:41

gift deed

mr.a brother of mr.b gifted land property to mr. b and it was registered in ro and mr a wantede to cancel the gift deed and take the possession of thelnd, what are the remedies to be followed to take back, if not possible, who will be the heirs of the b after his death

Anonymous   02 November 2009 at 11:47

wealth tax

Dear Experts,
What is the meaning and scope of "industrial purpose" under the Wealth Tax ?
pls help, its urgent.

Anonymous   02 November 2009 at 11:26

Service Tax or VAT

Your opinion is required on the following issues:-
1. Test Series offered online - (Purchases made online directly from X Ltd.either through credit card or sending dd/chq to X Ltd) - We consider the entire thing as service as the test taking software "ASPIRE" is available for free download alternatively students can instead of using this software directly take test online on the website- we are charging for service provided for assessing them and providing them with results and analytics - We clearly define this as service and charge service tax accordingly - free cd of Aspire if sent again shows that we are not charging for any product but its a platform for providing services and has "zero" license cost.


2. CD based courses ( both online series and offline packaged series) sold through vendors - clearly can be defined as a product in which services are packaged and we will charge accordingly the entire thing as a product and pay VAT @ 12%


3. Offline packaged series sold though X Ltd. website or directly by X Ltd.- To be treated in a similar way as 2 above i.e as packaged product and VAT to be charged @12%
Pls give your opinion if above is correct , and if yes what documentation should be prepared for reflecting and clarifying above policy and accounting process.

yogesh   02 November 2009 at 11:09

Deatails of judgments on the following citations


Please help me in providing the datils of the following citations
AIR 1993(2)PLJR 40
AIR 1993 Lab IC 2578 (Karnataka High Court)

Regards

Anonymous   02 November 2009 at 11:08

Frivolous or Malicious litigation

Dear Sir,

We are a small firm providing consulting services based at Mumbai. I landed up in a dispute with one of our customers when she wanted to terminate the contract with us (as she got a cheaper alternative) in the midway of the services being imparted and wanted the advance money back. The customer filed a police complaint against me based on baseless allegation to make it look like a case of cheating (Prima-Facie). An FIR was registered under section 420 leading to my arrest in 2006. I got bail soon. The charge sheet has also been filed.

Presently the case is under trial in Metropolitan Magistrate Court for more than two years. My problem is that the complainant is not coming on the dates despite summon being served and serviced. As the allegations against me are baseless, she cannot prove the same in the court and that’s why she is not coming. I have been regularly going to the court on all dates hoping that she may come. I just get a new and long date every time, that’s all.

1. I was advised by an advocate to file an application under section 256(1) of the Code of Criminal Procedure. Does it apply cases under section 420?
2. I want to know that whether there is any provision in the law against such frivolous or malicious litigations?
3. Is there a way that can bring this complainant to the court?
4. Whether there is any possibility to get discharge from this case keeping in view that the charge-sheet has been filed?
5. Can you please advise me with a practical solution/ roadmap for a faster relief and justice?


Request: Kindly treat this as confidential.

Anonymous   02 November 2009 at 10:58

Eviction of tenant

I am had a problem with my tenant who threatened me and abused my daughter over parking space. I asked him to vacate but refused. My daughter filed a police complaint and he was booked under Harassment of Women act and remanded and now on bail. He and his wife and kid are staying elsewhere but have not handed over the keys and their furniture is inside. He has not paid any rent for 5 mths and his deposit money is exhausted. His wife a doctor has filed a complaint to the SC- ST comission and humn rights commission against myself and my daughter for which inquiry is in progress.
How do i evict this tenant and get back my property? How long will it take?

Anonymous   01 November 2009 at 23:16

succession

Hello. my problem is very simple-
My grand father died with 2 sons and 1 daughter(who is my mother). Can my mother claim for a share in property?
She was married in 1987.

Guest   01 November 2009 at 22:32

Opinion of experts requested

"A" purchased a property (a vacant plot) in 1997 from "B". In 1999, the seller, ie "B" has sold the same property to one "C". In 2002, "C" has sold it to "D". In 2007, these were found-out and legal notices were served. After receiving the legal notice, "D" has sold it to "E". A police complaint was given. During investigation, "B" has mentioned that by mistake he has sold the property (as per his version there were lots of plots held by him, hence, this has happened). Meanwhile "C" who bought the property in 1999 and sold it in 2002 was not traceable despite all efforts. "E" and "D" have cancelled the sale-deed executed in 2007 (in 2008).

The following action were taken to assure the rights of the original owner, ie., "A". (1) An affidavit from the concerned individuals regarding the facts were obtained; (2) By mentioning these facts, cancelling the sale deed of "A" (1997's); (3) Executing a fresh sale deed from "D" to "A" (in this deed also, all previous happenings were narrated). Since, "C" has already executed the sale deed and also the fact that he is not traceable, the above-said were suggested and carried-out.

Is the above are sufficient? Learned Experts views are requested.

Anonymous   01 November 2009 at 22:31

Regarding Eviction order

Sir, My father is a tenant of a shop since 1961 from owner of a shop. and owner of shop is the tenant of such land. he taken this land on lease for a period of 999 years from the land owner in the year 1960. I have purchased such land from the land owner in the year 2003. Now I am the owner of land and my father is the tenant of such shop. it means my father is in possession of such shop. so please anyone can told me that how I will obtain a eviction decree against the owner of shop. please advice me and give me any citation if any. sunildatta akole, Bhusawal.