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J. P. Shah   10 October 2009 at 18:19

Territorial Jurisdiction of Consumer Forum

National Consumer Forum has decided on 28-05-2009 that applicant under RTI Act is a consumer and that non-supply of information amounts to deficiency in service, in following case:

REVISION PETITION NO. 1975 OF 2005
(Against the order dated 1.10.05 in Appeal No.244/04
of the State Commission, Karnataka)
Dr. S. P. Thirumala Rao Vs Municipal Commissioner
Mysore City Municipal Corporation.

I intend to file a Consumer Complaint based on this decision against Tamilnadu State Information Commission, Chennai, for inordinately delayed [310 days delay], defective, incomplete information to my RTI application and for not replying to first appeals, complaints and also another RTI application [which was filed to know status of earlier RTI application].

I have sent RTI applications from Junagadh [Guj] and TNSIC was supposed to supply me information at Junagadh only. I paid fee of Rs.10/- by demand draft from Junagadh.

Please let me know if Junagadh District Forum will have territorial jurisdiction under section 11.2.c of Consumer Protection Act 1986 based on cause of action or I will have to file at Chennai. My claim is for Rs.25000/- only.
Thanks

chandranil S Belvlakar   10 October 2009 at 17:50

13 oct 2009 general assembly election holiday

Dear Experts,

Can any one provide me with penal consequences for not providing holiday on election day

Rishi Ahuja   10 October 2009 at 17:37

child custody

Respected sir,
I have filed a case of custody of my son and also asked for interim i.e vistation
Could please tell me the latest judgement or order over visitation of child till the case is not finalised. and when it is to be decisded.


with kind regards

Rishi Ahuja   10 October 2009 at 17:27

child custody

Respected sir,
I have filed a case of custody of my son and also asked die interim i.e vistation
Could please tell me the latest judgement or order over visitation of child till the case is not finalised. and when it is to be decisded.


with kind regards

Hemant Joshi   10 October 2009 at 16:09

Fraud on Trade mark vis-a-vis India

sir,
i am persuing II yr. LLm in IPR & have to write on Fraud on TM in Indian Contxt. However, find it difficlt to search on the same. pls if any body cld help me to find out legal provision on the same & recent judjment frm our Judicry.

kamal Jangid   10 October 2009 at 16:09

Service Tax Advance payment & Input on Bed debts written off

Dear Sir,
One of our clients paying Service tax on billing basis i.e. he paid whatever he service tax charged on previous month billing irrespective of receipts of bills payment..
(He is paying service tax on monthly billing i.e. at the end of month he calculate service tax on previous months billing and same depositing to Department.)

When i audited clients accounts i faced some problem:-
1. Payment of Service tax:-
As per service tax Act, there is no Specific Rule/Section that service tax can be paid on Billing. As per Act it will considered Advance Payment of Service tax as per Rule 6 of service tax Rule, 1994. If we paid Advance service tax we are required to give details of Advance payment and adjustment in Return of Service tax as per section 70.
Details of such adjustment and reason their of should be intimated to Jurisdictional Range Superintendent with in 15 days.
However Clients had not taken any apporval and no adjustment shown in his return.


2. When he write of any debtors bill he also write back service tax amount charged on bill at the time of billing irrespective period of bill.(Although he had been paid service tax at the time of Billing on the same bill but now he is taking credit at the time of write back of bill)

3. He is taking 100% Cenvat credit on input service received by him on Payment of service.


Please suggest on the above all three matter . Is it can be carried over or not in future (as per clients in this field every service provider following this practice)


Thanks & Regards
Kamal

Sachin Bhatia   10 October 2009 at 16:02

G.K. For Experts

Ques. Which is the longest heard Criminal Appeal in the history of the Indian Supreme Court ????

Ans- Rajiv Gandhi murder case

Ques. Who served as Chief Justice of India for the longest term ????

Ans- Y.B. Chandra Chud

Ques. Which High Court in credited a record by pronouncing 61 judgment in a single day?????

Ans- Delhi High Court

Ques. Goa comes under the jurisdiction of ????

Ans- Mumbai High Court

Ques. The first woman enrolled as an Advocate in India???

Ans- Correlia Sorabji

Ques. First woman Magistrate in India ???

Ans-Omana Kunjamma

Oues. Which Constitution Bench Decision of the Supreme Court issued the guidelines to decide a case of rarest of rare category???

Ans- Bachan Singh’s case

Ques. A Constitution Bench of the Supreme Court consists of atleast

Ans- 5 judges

Hazel D'Mello   10 October 2009 at 15:51

non-occupancy charges

Please let me know if a Housing Society can charge 100% non-occupancy charges. Are there any exceptions to the Supreme Court judgement upholding Maharashtra notification of 2001 that non-occupancy cannot be more than 10% of the service charges.

kathakali bose   10 October 2009 at 15:00

Withdrawal of FIR by complainant

The complainant had lodged a FIR under section 498 A and 306 against the son-in-law on 16/6/09.The accused was in police custody from 16th to 18th June and then shifted to JC.He got a bail order from HC on 22nd July 2009 and he is on bail till date.The chargesheet hasnt been filed yet.The complainant wants to withdraw the case and wants to know the legal process to undertake to complete the withdrawal. How long does the process generally take?Please help.

deepak dattatray sawant   10 October 2009 at 11:05

divorce under mutual consent

i was married in 1989 and after 1999 i am staying seperate along with my parents. since last 10 yrs of seperation with my wife and the case already filed since last 9+ yrs. we both have already agreed for mutual divorce in april 2009. but we are find that the regular due court procees is very time consuming and confusing as since last 6 month no proper approach for immediate settlement procedure is observed by us.

i want to know that is there any effective procedure or out of court settlement which will allow us decree in reasonable short period of say 1 month or less.

please guide us, we will be highly obligued