VASANTH D JAGANATH
15 June 2008 at 14:51
goods vehile used for transportation of goods [raw materials and finished goods] whether input tax credit can be claimed under kvat law
sl.no.1 of fifth schedule abgstruct the input tax credit on such use or not?
Raja Sundarraman
15 June 2008 at 13:04
Respected Learned Firends, Will you please share any civil Engg Contract Format ?Thanks
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SRIPRAKASH BHATTACHARYA
15 June 2008 at 12:36
15.06.2008
SIR,
I RESIDE IN A LARGE COOPERATIVE HOUSING SOCIETY OF KOLKATA SINCE 1982 AND THE SOCIETY HAS 264 MEMBERS.
IT IS RUN BY A BOARD CONSISTING OF SIX DIRECTORS, WHO ARE ELECTED BY THE GENERAL MEMBERS FOR A TERM OF 3 YEARS. I AM ALSO A DIRECTOR IN THE BOARD.
AS PER WEST BENGAL COOP. SOCIETIES ACTS, 1983 AND RULES, 1987 THE CHAIRMAN, SECRETARY & VICE-CHAIRMAN ARE ELECTED BY THE DIRECTORS AND NOT BY THE GENERAL MEMBERS. HENCE, THE BOARD IN TOTALITY IS ACCOUNTABLE TO THE GENERAL MEMBERS.
SINCE SEVERAL MONTHS I HAVE BEEN OBSERVING THAT FOUR OF THE DIRECTORS IN CONNIVANCE WITH THE SOCIETIY’S OFFICE SUPDT. (A PAID EMPLOYEE), ARE INVOLVED IN CORRUPT / ILLEGAL PRACTICES WHILE TRANSFERRING / RENTING OUT OF FLATS. I HAD BROUGHT THIS MATTER IN WRITING TO THE NOTICE OF THE SECRETARY, CHAIRMAN & VICE-CHAIRMAN. UNFORTUNATELY NONE HAVE PAID ANY ATTENTION TO THIS MATTER. IN THIS REGARD, DURING A VISIT OF MINE TO THE OFFICE OF THE SOCIETY, I WANTED TO GO THROUGH CERTAIN FILES BUT UNFORTUNATELY I WAS DENIED ACCESS TO THE FILES AND DOCUMENTS OF THE SOCIETY IN ORDER TO AVOID UNEARTHING THE MATTER.
ON TAKING UP THE MATTER IN WRITING WITH THE CHAIRMAN,VICE-CHAIRMAN AND SECRETARY, I HAVE BEEN ISSUED A LETTER BY THE SECRETARY SAYING THAT EXCEPT OTHER THAN THEM, NO INDUVIDUAL DIRECTORS CAN HAVE ANY ACCESS TO THE FILES AND DOCUMENTS OF THE SOCIETY. SINCE THE BOARD CONSISTS OF ELECTED DIRECTORS, I WROTE TO THE SECRETARY THAT AS PER THE COP. ACTS AND RULES HAVE ACCESS TO THE FILES AND DOCUMENTS OF THE SOCIETY. THESE PEOPLE DO NOT WANT ME TO HAVE ACCESS TO THE FILES AND DOCUMENTS IN ORDER TO AVOID DISCOVERY OF THEIR MISDEEDS.
IN TURN, I HAD AGAIN WRITTEN TO THE SECRETARY INVOKING RTI ACT, 2005 AND FURTHER ASKING THAT UNDER WHICH ACTS AND RULES, IT IS MENTIONED THAT EXCEPT OTHER THAN CHAIRMAN, SECRETARY AND VICE-CHAIRMAN THE OTHER DIRECTORS CAN NOT HAVE ANY ACCESS TO THE FILES AND DOCUMENTS OF THE SOCETY. THEREIN I HAVE ALSO WANTED TO KNOW THAT UNDER THE CIRCUMSTANCES, WHAT IS ROLE OF INDIVIDUAL DIRECTORS OF THE COOP. HOUSING SOCIETY.
ON THIS THE SECRETARY HAS WRITTEN THAT THE ‘QUERIES AS REFERRED BY ME DO NOT COME UNDER THE PROVISION OF RTI ACTS AND RULES’.
FROM ALL ABOVE I FIND THAT THE ABOVE PERSONS ARE TOTALLY IGNORANT, ILLETERATE AND INVOLEVED IN CORRUPT PRACTICES, AS APPREHENDED.
I HAVE ALSO TAKEN UP THE MATTER WITH SECRETARY TO THE GOVERNMENT OF WEST BENGAL, COOPPERTION DIRECTORATE; REGISTRAR OF COOPERATIVE SOCIETIES, GOVERNMENT OF WEST BENGAL; DEPUTY REGISTRAR OF COPERATIVE SOCIETIES (HOUSING), GOVERNMENT OF WEST BENGAL AND ALSO WITH THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES (KMAH), GOVERNMENT OF WST BENGAL AS EARLY AS IN THE 1ST WEEK OF FEBRUARY, 2008. AFTER CONTINIOUS PERSUATION AND FOLLOWUP, THE REGISTRAR OF COOP. SOCIETIES, GOVERNMENT OF WEST BENGAL HAS DIRECTED THE DY. REGISTRAR (KMAH) TO CAUSE AN ENQUIRY AND SUBMIT A REPORT.
AS YOU ARE AWARE THAT FOR MOST OF THE STATE GOVERNMENT STAFF, 18 MONTHS MAKE A YEAR INSTEAD OF 12 MONTHS SO THE ENQUIRY TOO WILL TAKE ITS OWN COURSE.
NOW I AM PLANING TO WRITE ALSO TO THE SPIO, COOPERATION DIRECTORATE, GOVERNMENT OF WEST BENGAL UNDER THE RTI ACT, 2005 AND REQUESTING FOR ABOVE CLARIFICATIONS.
I ALSO WROTE TO THE NATIONAL COOPERATIVE HOUSING FEDERATION ON THIS ISSUE, WHO IN TURN HAS ADVISED ME TO TAKE UP THE MATTER UNDER RTI.
I WOULD YOU REQUEST TO KINDLY LET ME KNOW THE FOLLOWINGS:
1. CAN THE SECRETARY DEBAR THE BOARD MEMBERS FROM SEEING THE FILES AND PAPERS OF THE SOCIETY WITHOUTING CITING ANY VALID REASONS.
2. WHETHER WRITING OF SUCH LETTER BY THE SECRETARY IS LEGAL AND IS IT AS PER COOP. ACTS AND RULES?
3. WHETHER COOP. SOCIETIES ALSO COME UNDER RTI ACT, 2005 OR NOT. (FROM THE ACTS AND RULES OF DELHI, I FIND THAT COOP. SOCIETIES ALSO DO COME UNDER RTI).
SINCE OUR NEXT AGM AS WELL AS ELECTEION IS SCHEDULED SOMETIMES IN MID JULY , I WOULD REQUEST FOR AN URGENT CLARIFICATION.
I REMAIN GRATEFUL TO
vijay
15 June 2008 at 12:22
I reqiure a lawyer to fight a cheque dishonour case urgently in mumbai.
Please contact me on 9821256999.
Gururja Rao
15 June 2008 at 11:18
Hi all,
My friend hand his brother has got one property i.e g+1floor in the name of thier deceased father who died intestate in the year 2006,the father of my friend has got this property through succession and inheritance from his fatheri.e(grand father of my friend) and got mutated his name in property tax assessments, electricity department, and also in water department.The property is more than 100 years old. the age of my friends father at the time of his death was 65 only, from the above it can be understood that the property is not self acquired property of my friends father since the age of the building is more than 100 years old. My friends father out of his wed lock was blessed with two daughters and three sons, and during his life time he performed marriages of two daughers. out of two daughters one daughter and one sone expired during his life time leaving behind thier respective sons and daughers.Now my friend and his younger brother and one sister is surviving.
Now my friend wants the said property to be partitioned equally among all legal heirs of his father, and when damanded by him his brother denied the same and informed him that his father left the property exlusively to use and enjoy the same in his favor, but there is no evidence.
Now my question is
1. whether the said property is ancestral property or joint family property?
2. who are the necessry parties to the partition suit?
3 In How many parts the said proerty can be divisible?
4. To what share my friend is entitled for partition and separate possession?
5.How the couts Jurisdiction can be invoked in such kind of suits?
6 Is it necessary to issue notice demanding partition?
Note: My friends mother pre decesed her husband.
RAMESH TEKWANI
15 June 2008 at 08:58
INTEROGATION IN CRIMINAL CASE:
What are the rights of a person who is arrested in any criminal case with respect to investigation?? Is he supposed to answer questions put forward by the police??? Does he have any right to remain quite during the interrogation and claim that it is police who has to prove him guilty??? Like in USA, the accused person can remain silent while in custody. But again, if he remains silent, can the court grant continuous custody on the police request that accused is “not co-operating”???
Are there any rulings by SC in this regard???
Secondly, it has become a trend to put an accused under lie detector tests, narco-analysis without his consent…can he refuse to do so??? Can he get immediate relief from any court anytime during the day???
Ladhu Ram Chowdhary
15 June 2008 at 06:36
As per Hindu Succession Act,1956 sec.2of sub.sec.2.the provision of that act will apply to member of Scheduled Tribe whitin the meaning of Clause 25 of Article 366 of the Constitution of India?
Mohammad Ali
15 June 2008 at 01:41
ICICI bank has rejected my personal loan, i am a very old cutomer of their as well my salary gets credit to their bank. i even hold theri credit cards too and recently closed my PL i had taken 3yrs before with out any default payment at all. i tried asking them a lot on what basis they have rejected my loan but they are not disclosing.. is their any legal way i can find this..... i strongly fell this is due to bad remark as one of my relative who has illegaly used my property adress has defaulted the payment. is this could be one critria they might have rejected???????????? pleaes advice.
Mohammad Ali
15 June 2008 at 01:37
My self and 2 of my friends have purchased a property in ooty, please advice list of documents i need to take it from the seller (name of the seller is http://www.msep-projects.com). as of now they are ready to give us a joint power of attoreny. please let me know how can we secure further.
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I need help and advice
Dear Sir,
My father expire in 1995, after a death of my father my younger brother open bank locker of my mother and remove valuable jewelery etc.
After death of my father he fraudulently presented a forged document purporting to have been signed by the my deceased father and on the basis of such fales forged document he have got transfer a huge amount of Rs. 2.07 lakhs in his own account inbank of Baroda
I had personally submitted death certificate of my deceased father to the Branch manager, branch manager acknowledged the receipt of the death certificate below my copy of death certificate.
My younger brother has been prosecuted for offences under section 404, 409,420, 468, 471, rws 34 and 109 IPC in connection with fraudulent
Encashment of Cheque( torn 1/3 part of cheque when presented in CJM court) for Rs.207000/-Sttaf members of Bank of Baroda are also co-accused in the said case. Similarly
My younger brother has been prosecuted for offence under section 409 420 468 471 380 rws IPC in locker criminal case.
After death of my father my two younger brother refuge my mothers legal right and my legal right and my sisters legal right in my father s property.
I had file 12 to 15 civil and criminal cases pending in court from last 11 years but no progress in my cases .my advocate have no interest in cases .so please advice what can I do please give advice and i need help