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rajesh chanda sharma   10 August 2008 at 19:52

Information under RTI act

I have applied for an information from DIOS siddharthnagar ,comprising copy of an order/note sheet ,he is denying to provide the same in writing, on the ground that,it is a confidential document

is he right?

N.K.Assumi   10 August 2008 at 18:42

Section 18 of the Limitation Act;

Dear Sir,
can this documents in question amount to acknowledgement under section 18 of the LA or section 25(3) of the Indian Contract Act?
1. i hereby acknowledge my liability of Rs... ...(blank) borrowed by me from you during...(blank)

2. i acknowledge and confirm for the purpose of section 18 of the limitation act of 1963............. till the said loan is fully repaid by me.

3. i further promise to pay the aforesaid sum within 20/110/2006 failing which you can take necessary action against me.
Sign by barrower
( Revenue stamp)
This documents was send by the plaintiff the creditor to the defendant the barrower and when it was signed and send by the barrower the plaintiff on the strength of the said document as one under section of the limitation act and filed suit against the Defendant.
The suit was barred and when they realized that the suit was barred under section 18 of the LA, they said that it was a fresh contract under section 25(3) of the Contract Act, can you agree to that line of reasoning? can you cite any court rulings on this issues?

N.K.Assumi.

ram   10 August 2008 at 14:33

Suggest for a Book

Sir,
Pl suggest good book for reading of Indian Stamp Act/Rules
Indian Registration Act/Rules by which writer can make it
with simply meaning ( Understood by the Normal person other than Advocate) And also address/mail of such writer/book center,
Thank 'Q'

ram   10 August 2008 at 14:28

Sale Agrement With GPA

Sale agreement combined with GPA with following terms (applicable in AP)
1)Property handed over to the vendee
2)To authorize to registration himself & others
3)To authorize to moegated to any bank takes lonas
4)That the GPA is not revocable
For Above whit Stamp Duty/ registration Fee will be collect.

ram   10 August 2008 at 14:03

Registration for Doct done with oral Agrement

1)Oral Agrement in 2005 Now required registration , What is the procidure.
(Under Sec 48 registration Act 48)
.......
2) The agrement done 2005 for a property. the property owner/legal heirs/ relatives not for that property at present . How can registered such property. The agrement copy with my friend which agrememt done 1995.Pl note this is Another query not related to 1.
Thank @

ram   10 August 2008 at 13:54

Response of DSD Under Stamp Act

sir, A executed document to B person, B Executed to C person, C Execunted to D Person. At tht time registration Defcit Stamp Duty found while registration to D. Who is the responsible person for payment of such Amount, Whether the Sub-Registrar/the person 'D' or 'A'

karunashankar D   10 August 2008 at 12:20

Motor Vehicle accident

I lost only brother in road accident in March 17 2003.He was 29 when was killed in the accident.He was riding a two wheeler and was hit from behind by speeding tipper lorry.He was married with two children
We have filed insurance compensation to seek some kind of monetary benefits to his kids.The case has not moved to any extent.It jus remains as filed in the chennai High court.
I request the esteemed experts to let me know whether the delay is part of our judicial process of the enormous amount cases filed each year or is there any process to take it and speedup the same.in simple words how long does it take for a case to be heard by the panel.

K.Ravichandren   10 August 2008 at 11:19

Posting it again for your suggestions. what is the next step after the appeal dismissed by the Central excise Tribunal?


In an appeal the Central excise Tribunal dismissed the appeal on the basis of no compliance of its interim order(stay order and to deposit Rs.8,00,000) within the stipulated time. Now what is the next step i should adopt?
For your nutshell the case is:-
Being a job worker i undertake orders from a company. I undertake only a small works of the total finished product. I am clearing assemblies upon payment of excise duty including value of the inputs put by me and in my cost. The company concerned sends me some free inputs for the assembly and i am neither accounting nor taking credit on that and the value of such free inputs or not included on the service charges. The excise authorities sent show cause notice to me mentioning that during the past two years i havenot included the free inputs and demanded excise duty of Rs.15,00,000/- and the penalty of Rs.15,50,000/- under sec 11A(2)CEA, read with Rule 6 of Central Excise Valuation Rules 2000 and for penalties sec 11AB, Sec. 11AC ibid under rule 25 od CE rules 2002. Agreived against i preferred appeal to the Commissinerand they reduced the Penalty to 8,00,000/- and confirmed the rest of the order. Again I preferred appeal in the Tribunal and obtained stay for the operation of the lower order with a direction of depositing Rs.8,00,000/- with in a short period of time and since i could not mobilise i sought further time and even after that time i could not deposit the money and hence my appeal is dismissed. I am financially in a bad position and my other properties are in the bank for loans and the factory concerned also could not run for the past one year. I even though of filing insolvency petition.
This is my position now. Kindly advise me whether i can appeal to another forum - High Court?. Is it possible can i give insolvency for this Central Excise propblem while my properties are in the banks and case is pending in DRT and the bank has right for the first charge over the properties.? Your valuable advice sought

R.Rajendran   10 August 2008 at 09:14

RELEASE DEED-Reg.

We are 4 brothers and 5 sisters.Our parents are not alive.We want to sell our old house which is in our mother's name.Our sisters are ready to execute a release-deed after getting Rs 50000 each.
I will be thankful if the following queries are replied:
1)Should the release-deed be written on a stamped paper? If so, what is the value of the stamped paper? The value of the house to be sold is Rs. 17 lakhs.
2)Should the release-deed be registered in the Registrar's Office?

R.Rajendran

Sanjeev Mohan   10 August 2008 at 06:27

Evidence relating to marking of document

Sir,
here the question involved is the admissibility of a digital photograph. whether the C.D produced along with the Photo be treated as Primary evidence? Please refer sitations (AIR,SCC)