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Vipul Shah   26 October 2009 at 12:15

Procurement of Agricultural land

I am non-agriculturist domiciled in GUjarat and would like to know the procedure of becoming an agriculturist and acquiring acgicultural land.

Anonymous   26 October 2009 at 11:22

removal of benefits during maternity leave

Sir,
I am a regular employee with ICFAI Business School from past 5 years.
I went to maternity leave from 29th april -July 2009, the organization now says that the earned leave that I eran during this period will not be credited in my account as I was on maternity leave. Can an organization behave in this manner.

BHUPAL SINGH   26 October 2009 at 10:57

CAPITAL GAIN TAX & INCOME TAX ON SALE OF AGRICULTURE LAND

Dear Sir,

I had asked some query onCapital Gains Tax & Income Tax on 22 Sept 2009. I wanted to read the replies again but I am unable to trace the replies & the original query.

Can some one help me with the procedure ( step by step ) as to how to locate the resolved queries ?

I shall be highly obliged for that.

Thanking you,

Bhupal Singh

SHYAMSUNDER BUBNA   26 October 2009 at 10:42

SALE OF PROPERTY BELONGS TO COMPANY (UNDER LIQUIDATION) BY F

MAX PARTS PVT LTD incorporated on 12-8-1964

As on today Company Status is under Liquidation

Property Location

Revenue Survey No. 421/Paiki, Jamnagar, Hapa
Plot No. 13
T. P. Scheme No. 3/A
Original Plot (O.P.) No. 24
Final Plot (F.P.) No. 57
Near Paglam & Paglam
Opp. Cold Storage, Jamnagar

Area 7160 Sq. Ft.

Purchased by Company on 28th September 1964 from Shri Narendrasingh Madhusingh Kher by a agreement registered on 30th September 1964

On 30-4-1984
One Mr. Girjashanker Jatashanker Bhatt C/o. M/s. Harish Automobiles, Kashi Vishwanath Road, Jamnagar sold the property alleged to be Power of Attorney holder of the Company
to
one Mr. Kantilal K. Kotecha Advocate having address at J-5, 2nd floor, Super Market, Jamnagar and 26 Modern Market, Near Amber Cinema, Jamnagar on behalf of and alleged to be Power of Attorney holder of one Smt. Lilavanti Revashanker Bhatt, having address at Ambika Bhavan, 1 Nagar Para, Jamnagar

On 19-8-1993
Mr. Kantilal K. Kotecha Advocate having address at J-5, 2nd floor, Super Market, Jamnagar and 26 Modern Market, Near Amber Cinema, Jamnagar on behalf of and alleged to be Power of Attorney holder of one Smt. Lilavanti Revashanker Bhatt, having address at Ambika Bhavan, 1 Nagar Para, Jamnagar sold the property
to
1) Smt. Jaishreeben Arvindkumar Machchhar having address at Bhanushalee Wad, Sheri No. 4, Jamnagar
2) Smt. Jyotiben Prakashkumar Lakhani having address at Nagar Para near Pili Bangli, Jamnagar

On 20-3-1998
Smt. Jaishreeben Arvindkumar Machchhar having address at Bhanushalee Wad, Sheri No. 4, Jamnagar released the property
To
Smt. Jyotiben Prakashkumar Lakhani having address at Nagar Para near Pili Bangli, Jamnagar
As per record with Jamnagar Area Development Authority as on 17-4-2006 the property is in the name of Company

The Company was initially formed by one Shri Jamnadas G. Jivrajani at Bombay

The previous directors retired in or about May 1975 and
1. Shyamsunder S. Bubna
2. Jeevanlata S. Bubna
has been joined as directors of the Company.

On 19-7-1983 a notice sent to the Share Holders and also published the said notice in Mah Gov Gazette dated 28-7-1983 and English and Marathi News Paper under Sec 500 of Companies Act as the information for meeting of creditors to be held on 11-8-1983

On 8-9-1983 the notice for information under sec 516 for appointment of Liquidator has been published in Mah Gov Gazette and English and Marathi News Paper

On 7-6-1984 the notice for information under sec 509 notice convening final meeting has been published in Mah Gov Gazette and English and Marathi News Paper

P.S. THE ALLEGED POWER OF ATTORNEY OF MAX PARTSPVT. LTD. FAVOURING MR. GIRJASHANKER JATASHANKER BHATT USED FOR SALE OF PROPERTY ON 30-4-1984 IS LIKELY TO BE PREPARED AND EXECUTED IN BOMBAY AS ALL THE DIRECTORS AS WELL AS LIQUIDATOR AND/OR COMPANY IS ALSO INCORPORATED AT BOMBAY ONLY

Anonymous   26 October 2009 at 10:01

Can I join C S course

I am practising of law at Tasil Level as an independent advocate . I want to join the course of Company Secretary though I have no accounting knowledge /background.I am 41 years old . Will it be benefical for me to qualify & switchover job field at my age.

Anonymous   26 October 2009 at 09:47

registration

i wanna register my software company??what i've to do f

or that?
My background
I am a software engineer and have zero information about registering a company.

My plan
I am planning to get a software(web application) developed from a S/W company for a specific industry type.Now If I want to sell this software I guess I need to register my own company. I have three more partner in this project. Currently I am planning to sell it only one time to each customer so I don't need to setup a development center at my place(no expansion plan).We are not planning to hire any additional employee for this project in our company.

Questions
1) What type of company is suitable for my requirement(pvt ltd, ltd, partenership or propertership).

2) What all types of registration are required for this project to sell it without voilation of any law and with confidence of security of software.

3) What is the minimum investment in this process of registration.

4) Is it sufficient to contact with corporate laywer or some other type of professionals(like CA) are also required.

5) I may not able to think more questions as of now due to lack of knowledge in this domain.If you have some thing to suggest please let me know.

bharath M S   26 October 2009 at 06:10

Sister in law not vacating house

My brother and his wife used to stay in my house (self acquired) along with my mother, later due to my sister's pregnancy my mother moved to my rented house in bangalore. Later my brother and wife did not have cordial relations and she filed an FIR aganist my parents and husband. In retaliation my brother filed for divorce case in Mysore. Now my brothers wife has occupied by house and is not willing to leave the house until we pay her a huge compensation of 15 lac. Her lawyer also states that she has right to stay in matrimonial house and she wont leave the house at any cost. Do i have any rights on the property owned by me? how can i evict my brother wife from my house though legal means? please advice

Abeda S. Banu   26 October 2009 at 02:10

about Part-time job

hello,
I am new in this site. I have a query and asking help from experts.
I am a state government employee working at a high school. salary comes from WB Govt.
My question is: Can I do part-time job in any private engineering college? Is it necessary to take permission from Secretary of my school?

Waiting from your suggestions. thanking you, ASBanu

skg   26 October 2009 at 01:07

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

sajad ahmad mir   25 October 2009 at 23:13

arbitration

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.