sajad ahmad mir
25 October 2009 at 23:13
if there is 9 year delay by deptt in providing the sketches/ designs, how can contractor be compnsated, and can contractor ask for esclation and damages on same claim, what about intrest component.
V.V.RAMDAS
25 October 2009 at 22:24
Hi friends,
Hho will succeed the propertis of a Hindu Sanyasi(Sadhu)?
V.V.RAMDAS
25 October 2009 at 22:20
Hi friends,
As per section 57 and 213 of Indian Succession Act, the areas which are comming under the jurisdiction of Bombay Hicourt and Madras high court in British India, a WILL need not to be Probated or probate is not required for immovable property. But my query is if the deceased left some amount in the bank as fixed deposit- in the circumstances whether a will is to Probated or it is exumpted ?
CHAUHANMA
25 October 2009 at 22:09
What are the main and necessary ingredients of perjury for getting a favorable order from a court of law.
Anonymous
25 October 2009 at 21:45
Hi
This is with reference to unsafe environment in the society premises causing damage to car parked in the premises.
Children (college going guys) play football mercelessly in the society premises, which is a non-play area. When these guys were confronted their parents were furious and barged into our flat shouting reflecting as if we have committed a crime and supported their kids to continue playing. Such play had caused damage to some cars, including my car in the past, but it was ignored thinking that situation will improve, however, this has become a regular phenomenon with no hesitance on part of the childrens and their parents.
The situation was informed to the managing committee, and as a consequence my car was damaged by pouring red paint on the bonnet. On taking up this matter with the managing committee, they were indifferent and did not do anything to help us by investigating the matter or banning football play in the premises.
After some months the same car, which is parked in the cascade (machine) parking taken on rent from Society fell from the height of 1st floor due to collapse of the parking slot. The committee again acted indifferently and did not bother to contact us about this incident. On the contrary, they sent the servicemen to our flat asking us to remove the car from the parking so that the parking can be repaired. We informed them that the car has broken down completely and instead to apologising to us for the collapse of the machinery due to improper maintenance and taking responsibility of the damage, they were shamelessly pressurising us to remove the car, so that the machine can be repaired and then car could be parked again.
We did claim the damages from the society, but the managing committee has put up the matter for resolution in the upcoming AGM, which is 1.5 months after the incident. Further, they have spread the word among other members who cars are parked in the same machine, that we are holding up the repair of the machine thus causing inconvenience to all members. As a result, other members called us to remove our car. Since we never wanted to cause any inconvenience to other members, we acted responsibily and removed our car for repair.
We are really shocked by the attitude of the managing committee who dont seem to be really taking responsibility of the loss and thus taking us for granted. Seriously speaking I donot any decision in our favour in the AGM.
As a result, I write to you to get justice and teach these crooks a lesson
Please help.
Thanks
Anish goyal
25 October 2009 at 21:02
There is a decision by supreme court that a Mall developer can charge 4 super area.Sir can any one provide me the citation by supreme court on this issue?
Anish goyal
25 October 2009 at 20:55
Sir my question is how can a sold prpritr can get his name of business registered. Please tell me the detailed procedure.
Sanjeev Kumar
25 October 2009 at 20:32
someone please help me to draft a legal notice on behalf of an employee working as Regional Manager with a MNC in india. This employee has dislocated his shoulder which needs a surgery as per his medical reports, but his company is not giving him any medical leave neither are they giving him any medical compensation. Also when he applied for leave, the company is asking him to put his papers which clearly shows that the company is causing great harm to him. He is working on the pay-rolls of the said company.
Please help me with the relevant provisions to be followed for drafting the notice. A format of this kind of notice would be very helpful
Anonymous
25 October 2009 at 20:30
can someone please help me to draft a legal notice on behalf of an employee working as Regional Manager with a MNC in india. This employee has dislocated his shoulder which needs a surgery as per his medical reports, but his company is not giving him any medical leave neither are they giving him any medical compensation. Also when he applied for leave, the company is asking him to put his papers which clearly shows that the company is causing great harm to him. He is working on the pay-rolls of the said company.
Please help me with the relevant provisions to be followed for drafting the notice. A format of this kind of notice would be very helpful.
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Issues related to definition of workman
Dear legal experts
Please read the following facts related to service matter and solve the queries numbered from 1 to 5.
An employee joins a company as computer operater cum programmer with a total salary of Rs. 7000/- per month and was posted
to income tax department of company where during his attachment with the tax department he learn TDS work from his senior
colleagues who were all Chartered accountant.
With his programming knowledge and learning gained from his CA colleagues he prepared TDS software in which he himself feed
data (investment details) received from taxable employees and the software generates various reports like monthly tds list
that was sent to payroll department for preparation of salary, TDS estimates which he gives to employees and e-returns that
are filed by him to Income tax department. His knowledge in other areas of taxation was nil.At the time of efiling of income
tax returns of company he being a computer qualified person, assists CA's by feeding data provided by them in ITR forms in
excel format which he downloaded from Income Tax department site and then upload these forms on Income Tax department sites.
In Eight years because of his hardwork and dedication he rises from non executive staff to executive staff which is also
known as management cadre staff that has grades M1 to M10.He become Sr. Execuitive and was put in M2 grade and his total
salary reaches to 25000/- per month.
Because of MNC enteries his company's business declined and the company was not able to give susbtantial increments to his
CA colleagues so some of them left the company for better highly paid jobs. Since during the eight years this employee
become perfect in TDS work the company did not recruit any more CA to look after TDS work and in this way he started doing
the TDS work of company independently without the help of any subordinate and started advising those employees who approach
him on tax minimizing by investing in various government schemes.
Because of enteries of MNC and declining business , in the next two year the company become sick and got merged in other
profit making company which was also doing the same business but their Tax department was operated from other location and
has a full fledged employee strength.So after passing of one more year the management of transferee company told the
employee to put his resignation as he was surplus to them now which he refused by requesting them to adjust him to some
other department where his computer knowledge can be utilised. They didn't agreed to his request and keep on pressurizing
him to submit his resignation and never allowed him to attend the office from a specific date which later on become his
termination date as per the company.When the employee thru a written enquiry asked reasons why he is not allowed to resume
his service the company send letter of his termination stating that you were informed well in advance in presence of two
witnessess that your service has been terminated on account of surplusage and reorganisation of tax department and you were
advised on that day to collect your full and final settlement containing 1 month basic pay in lieu of notice and as per
terms of contract.
When he asked for retrenchment compensation they give the reason that your nature of duties includes advising
employees,supervising, controlling and independent decisions in respect of all taxation matters and of subordinate employees
and your gross package being 25000/- per month hence you were performing Managerial functions in taxation department as a
Senior executive and hence you are not a workman who is only entitled to such compensation under ID Act.
Now my questions to legal experts are :
1) How can an employee whose major job was only
a)calculation of income tax of employees of various department and helping/advising those employees to minimize their tax
(by investing in various tax saving schemes) who visit him when they came to know thru their salary slip of each month given
by payroll department where he sends the TDS list of each month b) computer operation and programming c) keeping hardcopy of
TDS record in files be said to doing managerial function. In fact, Is not this a clerical job of data feeding in computer
machine,computation,keeping records in files like that of an accountant?
2) How he is taking decisions of all taxation matter when he is only having knowledge of TDS and operating TDS software on
computer and other taxation issues are handled by retainers/account personnels/consultants recruited by company when the
CA's left in earlier years
3) In which manner he is controlling or supervising other employees who even do not belong to his department of taxation but
are from different departments?
4) Can he file a labour case as a workman for illegal termination and reinstatement of service with full back wages under ID
Act or he have to file case for retrenchment compensation as workman?
5) Whether Owing to lengthy and delayed procedures of Indian judicial system where 8 to 10 years passess in a case,he should
bend and take whatever the company is giving?
Please reply suggesting important case laws (if any exists) in favour of employees under this type of situations.
Rgds
skg