Legal Eagle
16 February 2009 at 17:29
Hi. In case an employee is contributing towards the superannuation and in case he resignes after 6 years of service, is he liable to get the superannuation / the money which he has contributed towards the superannuation or the said amount is kept with the Company. Is there any specific Act which can be referred to? Please advice.
neelam desai
16 February 2009 at 13:58
Has "Control" been defined in any of the prevalent Indian Laws/ statues/ regulations?
Request memebrs to share their views
Regards
amit
16 February 2009 at 13:28
dear sir,
X is proprietor in his firm, but now he become a lawyer .X wants to transfer his firm to his uncle(X mother is not interested & X father is govt.servant)X wants to become legal advisor in that firm. X wants that bank transaction & other matters of firm should be in X's hand too. any matter or dicision of firm cannot be done without concent/signature of X
my question is how can it possible for X to do this. so that nobody can take wrong benifit
DR.P.L.NAWALKHA
16 February 2009 at 12:34
I RENTED MY PREMISES TO A PARTNERSHIP FIRM.FOR EVICTION OF PREMISES,A CIVIL SUIT WAS FILED ,CONTESTED AND LOST BY ME. ONE OF THE PARTNER WAS CONTESTING THE SUIT ON BEHALF OF ALL PARTNERS OF FIRM. I APPEALED IN HIGHCOURT .MEANWHILE WE HAD NEGOTIATIONS.OUT OF FIVE PARTNERS,FOUR PARTNERS WERE SIGNATUREE TO COMPROMISE AND I TOOK POSSESSION OF MY PREMISES.THE FIFTH PARTNER A SLEEPING PARTNER CHALLENGED THE COMPROMISE IN 2002. SOON AFTER COMPROMISE THE FIRM WAS ?DISSOLVED/NON FUNCTIONING. OTHER PARTNERS STARTED WORKING WITH NEW FIRM AND FIFTH SLEEPING PARTNERS WAS OUT.SHE CHALLENGED MAKING ME AND OTHER FOUR PARTNERS AS RESPONDENT.I WAS GIVEN AN UNDERSTANDING THAT MY COMPROMISE IS VALID.SINCE SHE (FIFTHPARTNER)CHALLENGED,IT RAISED DOUBTS.WHAT IS THE EXPLICIT POSTION IN PARTNERSHIP ACT WITH LATEST RULINGS ALLOWING ONE OR DEFACTO MANAGING PARNER PERMITTED TO GIVE POSSESSION OF RENTED PROPERTY TO LANDLORD.
PRAGYA ROHATGI
16 February 2009 at 12:09
Sir ,
Section 72A(4) of Income tax Act 1961 defines as under :
Not withstanding any thing contained in any other provisions of this Act , in case of a demerger , the accumulated loss and the allowance for unabsorbed depreciation of demerged company shall
A) where such loss or unabsorbed depreciation is directly relatable to the undertaking transfered to the resulting company ,be allowed to be carried forward and set off in hands of the resulting company
B) where such loss or unabsorbed depreciation is not directly relateable to the undertaking transfered to the resulting company be apportioned between the demerged company and the resulting in the same proportion in which the assets of the undertaking have been retained by the demerged company and transfered to the resulting company and be allowed to be carried forward and set off in the hands of the demerged company or resulting company as the case may be .
A company plans to move application for demerge of business under above section . As the section in it self is silent regarding continuation of demerged business.
A) Whether the resulting company has to carry the demerged business in next years to avail tax benefits .
B) If yes to what extent the income shall of demerged business constitute the total income
In case any one can refer any decided case laws on above subject.
With regards
Sandeep
Abhimanyu Soni
16 February 2009 at 11:27
Dear All,
My friend 'A' (woman) needs to file for Divorce. It has been more then 3 yrs of her marriage and does not have any child as well. She has been facing mental harassment since two years.
She had expressed her intention about divorce to her husband 'B'and her parents as well. B is not in agreement to give divorce.
Now, B is asking A to transfer all the Fixed deposits to his name. The amount of FD is 12 lacs INR. As of now the FDs are in the name of A and are lying with her father.
Both residing separately at different places and are employed.
Our query:
1. Can we take compel B to give divorce before actually transference FDs.
2. Do A has to bear a huge cost if she files divorce application in court.
3.As, A is in Hyderabad, B is in Bangalore, Parents and mather-in- law (widow) arein Rajasthan. Marriage was solemnized and registered in Rajasthan; where she should file the application for divorce
4. Is there any other way out for A to get rid off B.
5. How much time it takes for a case to come to finalization.
6. What could be the compliaction on the part of A.
Please help us.
Looking forward for your kind revert.
Thanks
Abhimanyu Soni
vinod satpute
15 February 2009 at 20:10
If any special tribunal established by the parliament,has the right to bar the jurisdiction of the Supreme Court, OR
when can Supreme Court bar its own jurisdiction..
For instance , the trial of the terrorists under a Special Tribunal.
i need your expert advice please do help me...
Thank you and regards
Anonymous
15 February 2009 at 19:03
can a seller who sold a property before 30 yrs through POA Holder and after 30 yrs when we are not having his power of attorney in our possession ,can say in civil court,where we filed case of titledeed suit against them,that they gave the property for staying in the building through license by word,hindi word is-"mokhikh rahawasi license " and to which they are revoking.
Do there these pleading will hold ground in court,as we have submitted atleast 40 documents in court for proving our title,including the seller own original purchase deed,our posession since of 30 yrs as owner etc.
Anonymous
15 February 2009 at 18:20
I want to know following things for Registration of a sale/lease of a property in India:-
1)DO Registrar check the Authority of Power of Attorney Holder of Seller at the time Registry of the property.
If now ,after 25Yrs Buyer lost the POA of seller,can he call the Registration Dept for witness ,in civil case filed by him on seller for title suit?
2)Power Of attorney Holder of the seller before the Registry of the above property taken out permission under sec.26 and u/s 27 of the Urban Land Ceiling And Regulation Act,1976 , in Raipur ,for sale of the above property to the buyer.Do the Above Dept.
check the Authority of POA Holder before permitting him the sale of the property.
Do they have to keep with them a copy of POA Holder in the case,seeking permission under the Act.?
Can we call them in civil court for witness ?
3) what is the time frame to challenge the mutation in Land Revenue ?.Can a seller can challenge after 23 yrs of mutation?
4)If seller in our case give his power to his relative and take some order against us and suddenly his said relative get expires ,can he refuse the power given to his relative?
If he refuse ,what is the status of the order which his so relative has taken ,on behalf of him ,as his POA holder? Is the said order is valid ?
Can we file criminal case against seller for immediate refusing with in a year ,the POA given by him in a court and refusing the same in the another court with in period less than a year,after the death of POA holder?
Can we do something ,if the seller again submitting the order copy which he got by his POA in again third court,where he is accepting the cancelled order.
Here, the Seller first gave his POA to his relative and got a order in his favour througgh his POA HOLDER, later sometime after he refuses the POA given ever to his said relative in another Court and again After sometime he submits the said cancelled order got by his POA holder in some Civil Court i.e he again accept.What action we can do in civil court and else against the seller?
5) The seller got I.T permission before the Registry and it was taken by them only, for selling the property to us,under section 230A(1),under Form no.34A(see Rule 44A) from Jodhpur and Raipur I.T dept,where the joint owners were assessed,and the same contain the sign of assesee i.e seller and I.T officer and is also attached in the Registry done in Yr.1979.
Can we call the I.T dept for witness or can we ask them to give the true certified copy of the case filled by the assesee for taking the permission certificate?
6) We have been served notice by I.T dept after the Registry for purchasing undervalued the proerty under section 269L(2) ,of I.T Act,1961.
Can we can also call them for Witness in civil court?
Do under the above I.T Act,notice is served to only buyer or also to seller of the Property?
,
Please help me by giving me your honourable advice or opinion and oblidge.
Thanking You Sirs,
Yours Faithfully,
Sanjay chandak
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fraud commited by forign party
We ordered some material worth one crore from a party in USA and opened a LC (Letter of Credit) in Bank at Delhi.
The party doesn't sent the material but sent Forged documents and got the LC retired from bank.
The bank didn't check whether the conditions of LC are fulfilled or not as two of the conditions were not checked by bank.
Now please tell how can we recover the money
and what action we can take against the bank.