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Member (Account Deleted)   29 October 2009 at 13:15

contents in Section 498A justified?

I have been observing for the last two months some of our forum members are posting (mostly men) regarding Section 498A. Seeking solution. Saying that either they were booked or implicated under Section 498A. In recent times huge number of cases are filing under Section 498A in the courts also.

My question is

1)Are women are taking adventage or misusing Section 498A?

2) How far justified contents in Section 498A?

Please comment.

Raja Rajeswari S   29 October 2009 at 13:14

private limited co. - DIN for directors unknown

Dear members,

kindly clarify me on the following:

A private ltd co. incorporated on 2004 has four directors as mentioned in the articles as first directors. Among the 4 directors, 2 directors have got the Din no. and the remaining two directors have absconded without intimating the DIN no to the company.(whether they have a DIN is unknown).

The co. in the annual return for the year 2008 filed the Form 20B with the din no. of 2 directors and in the Sch V 4 directors details were given.

The co. wants to cease their directorship. they do not hold any share. .how to file Form 32 for those 2 directors for their cessation?

while filing Form 20B for the year 2009, Can the co. show only the details of 2 directors alone in the Schd V, intimating the ROC that no din was intimated, hence Form 32 for cessation was not filed?

Plz do clarify,

regards

RAJA RAJESWARI S

Member (Account Deleted)   29 October 2009 at 13:14

contents in Section 498A justified?

I am very sorry the query repeated.

Anonymous   29 October 2009 at 12:16

Mental Harrasment by Brother

I have 2 brothers, elder one is phyziohernic for the last 20 years and my middle brother is divorced. I am the youngest ( sister)of all. We lost our mother in 2006 and father in sep 2009. My parents suffered a lot after my middle brother came and started to stay with them. All my relations know about it. Nobody talks to him now. When my father was in the hospital, I was completely looking after him and paid the complete bill of app 2.5 lacs ( I had to borrow as well )He did not come even for a day. My cousin even asked for the money from him but he denied saying that he does not have it. He was staying at my father's place and enjoying, drinking. My father during his last few days kept telling me to consult the lawyer as he was scared that after his death this brother would harass me. We could not do it as I was all alone and could not leave my father. Now I have kept the full time servant at home to look after my ill brother, I am taking care of all the expenses of that house as well ( servant's salary, ration, Electricity etc) . I did promise him that I will give him 3rd share of the property but live in peace till we sell it but he keeps abusing me , beats our servant so that he leaves us ( so that he can get some lady and then he will have the sole power in the house). The only proof I have is our relatives who can tell the torture he did to my parents. He goes for 7-10 days somewhere ( according to him he goes for his deals- does some small time business) but when he comes he drinks and call us up on phone in the midnight and threatens us. Our life is miserable. Can I file a police complaint? Pleae advise on this case. I just want sucession certificate to be made and will sell the property and give him his 3rd share. His wife has also thrown him out.

XYZ

Pawan Pandey   29 October 2009 at 10:48

Valuation of Service Tax on Commission paid to Foreign Agent

Sir,

We are paying service tax as service receiver on commission paid to foreign agent as export sales commission.

We are computing service tax for payment on cum-tax basis.

Now department has asked we are calculating Service Tax wrong. We have to pay Service tax on commission amount.

Please suggest.

Thanks
Pawan Pandey

smita   29 October 2009 at 08:57

i am nowhere but still ray of hope is with me

Becoz of age reduction for DJS,2010 i have become ineligible to appear for that exam.I switched over my lines of working from management to Law this year only for the sake of trying myself for judiciary exams. Now i am in dilemma which option to choose amnong many others .
Either to make a career in IPR,a technical and promising field ( hold spcialized PG degree for that with no experience)or to continue with preparation for other state judiciary exams(my focus was on DJS) or return to my previous working field i.e Mgt where i am also pursuing my Ph.d in HR .
I highly appreciate your valuable guidance.Regards

adv. rajeev ( rajoo )   29 October 2009 at 06:18

Accident Case

Respected Learned Members.
My collegue has filed a Motor Accident Claim petition.
Insurance co., advocate has produced the deposition of the wittneses, who had deposed in the criminal cases relating to this accident.
In my opinion criminal case depositions cannot be considered in MVC cases, eventhough they are exhibited. I had gone thru., one judgement, but I am not remembering it. KIndly will you tell me the citation.
Thanks to all in Advance.

Bhartiya No. 1   29 October 2009 at 01:49

Serious Matter

Respected Experts,
I want to draw attention to the concern authorities of Jharkhand state regarding registration of land/property of Schedule Castes/Backward classes. As: "There is a mandatory provisions in Chapter VIII Section 46 of the Chhotanagpur Tenancy Act, Which require previous permission from the concerned Deputy Commissioner in cases of transfer of land by members of Schedule Tribes/Schedule Castes/Backward classes and also Chapter VIII (Sections 46, 47, 48, 49) Of CNT act 1908 are included in the 9th Schedule at item No. 209) by 44th amendment of the Constitution Act which came into force on 20.6.79." contrary to this registration of land/property of Schedule Castes/Backward classes are being registered openly without any permission from the concerned Deputy Commissioner since 1970 till date. I have the case in which people have lost at hon'ble Jharkhand high court on this ground in 2001. What will the fate of the deeds being registered and who will be responsible when a person losing with this ground? What should I do as being a vigilant citizen? Where shall I report this? Can I file a PIL? Please advice.
My great regards to all of you. Thanks.

monika   28 October 2009 at 23:53

refund of fees

if a student seeks admission in a course in which he opted for both open as well aspayment category but he is being given seat under payment category ,he stands second in the payment category, he pays the fees after taking an educational loan from a bank then he comes to know from sources that two students have left the course and two vacancies are created in the open merit category he approaches the authority for considering him in the open merit category and refund of the amount paid but the authorities say that the admission process is closed and now you cannot claim any refund

Anonymous   28 October 2009 at 21:44

PF contribution

Situation: Can an employee* (high end pay bracket) opt not to have PF deductions? Or in other words does the employer has the flexibility to devise pay packages for employees without PF contribution.

*The employees are in a pay bracket of around 20 lakhs and above