KamalNayanSaxena
20 August 2008 at 00:09
A property of leased hold rights for the term of 99 years, mortgaged without seeking permission of lessor.
What shall be the effect on mortgage?
Verma d. Ashish
19 August 2008 at 20:31
Hello
could you provide me with any alternative then??how to save the case as a defendent.
Shekhar
19 August 2008 at 19:28
a girl got married on 11/dec/2005... just after the marriage boy brought her in to the restaurant near by where boy wanted to discuss his future plan... but the girl said she is going to go to her home, are you welling to come? boy refuses and the same thing was shared with the father-in law on 18th of dec. 2005, where father-in law stated that due to the circumstance the girl has disrupted her way, if your's tie up will not run then i will break up the knot.... and then forced the boy to go to the honey moon, then on 24th they went to honey moon where the girl stated that she is not a woman , marriage was just for the social purpose and just "name show off"...
as soon they return to the home this sorry affair was discussed by the boy to the family of the boy... on the same day girl went to her house there she stayed for the entire months expect 4 days that she came in to, then this case discussed with the father of the girl, he said stars are not favorable we will not talk now let wait for some time then she turned in the month of fab. 2006 there she again said many thing to boy that she is not a girl and many time while they are on the bad... then after spending few days on fab. she never turned back....
her father said the things are not working out let sit for the settlement then he sat it and settled the matter on 9th of june 2006(with a4 size paper written work)... before that he has said many thing that boy need to improve in the career and change in the job also, there he stated that the girl was never wanted to do marriage as she has said to the parents of the boy also. "all this things are there in the form of recordings"...
then on 9th and on 18th of june 2006 he has taken away the entire articles and items which was gifted on various occasions..... then he and she went to America for 4 to 5 months in 2006, then there was no consent for the mutual divorce then with in one year of marriage the boy has filed the null and void or alternatively divorce.... Pls. guide me and tell me your point of view and pls. share if any other input required from your side to fill the GAP...
regards,
Manish
19 August 2008 at 17:28
I was supposed to join a company for which I signed a bond of Rs 1 lakh. I gave them a cheque for it, which they said was just for a formality (Bond was effective from the date of joining). 10 days before joining, I got an offer from a different company and joined them. I informed the previous company 1 week before my joining date about it through Email and Fax. I also spoke to their HR head on it.
After that I asked my bank to cancel the cheque I gave them. There was no communication after that from that organisation.
Suddenly after 6 month, I got a legal notice from that organisation regarding the dishonour of cheque. I called them up and asked for the reason for sending it when the Bond was not effective as I did not joined. But they did not listen. After that I got a legal summon which I could not receive as I was out of station that time. So it went back without receiving.
Please tell me do I really need to take this seriously and if yes, what should be my course of action.
I really do not want to get into legal issues as my job requires lot of travelling. Can I keep on ignoring the notices they send? Please advice.
shantilal k. patel
19 August 2008 at 17:17
I was not paid grauity by the firm of
chartered accountants. I filed a case
before Controlling Authority(ASS.Commissioner of Labour) and a another
case for PROFESSIONAL MISCONDUCT undr The Chartered accoutnts Act. One before Labour Department and other before The Institute
of Chartered Accountants of India. Later on
if the firm pays me gratuity amount plus
interest,my case before the Asst.Commissioner will be over because I filed a case for grauity and interest. Whether the second case fot PROFESSIONAL MISCONDUCT before The Institute of Chartered Accountants of India will also be over because of the fact that grauity and interest are paid or it will continue for PROFESSIONAL MISCONDUCT?
Please enlighten me S.K.PATEL
shantilal k. patel
19 August 2008 at 17:13
I was not paid grauity by the firm of
chartered accountants. I filed a case
before Controlling Authority(ASS.Commissioner of Labour) and a another
case for Misconduct undr Chartered accoutnts Act. One before Labour Department and other before The Institute
of Chartered Accountants of India. Later on
if the firm pays me gratuity amount plus
interest.My case before the Asst.Commissioner will be over because I filed for grauity and interest. Whether
the second case before The Institute of
Chartered Accountants of India will also
be over because of the fact that grauity and interest are paid or it will continue
? Please enlighten me S.K.PATEL
Srinivas
19 August 2008 at 17:06
Dear all,
can you pls suggest me about the following:
1. what is the number of days of leave that we have to give for women employees under maternity benefit act?
2. Should we have to pay full salary for the period?
3. I understand law recommends 12 weeks leave and if the person is still not fit and if receommeded by their doctor for further rest, then, the leave can be extended for 1 more month(3 months + 1 month). Under this case, should the company pay salary for the fourth month and give leave under maternity benefit?
Hope to receive your response on this.
Regards,
Srinivas
Rekha.....
19 August 2008 at 14:18
Dear Sir/ Mam
I hv asked advise on 08/08/2008 from u for Complaints filled u/s125crpc and IPCu /s498.( Under the Subject Defence for Crpc Sec125 and IPC 498)
With all due respect I asked advise for the complaints filled under sec 125 crpc and 498 of IPC.U advised me to give full details of the facts so I m giving u the facts of the case in nutshell………The applicant stated in her application under 125Crpc that she is legally married wife of the opponent and her marriage performed accourding to Hindu rites on 9/12/2005 and marriage registered at the Registrar office of the Gandevi( name of Taluka) on 13/01/2006.Further She stated that she requested the opponent that she is willing to stay in joint family of the opponent. On 20/1/2006 she accopnied by the opponent to live in Bhanuwilla apartment (the residence of the opponent) at Valsad( District in south Gujarat). The opponent took her at the Hotel named Bhagyoday at Pardi( Taluka ) for a night stay and next day morning responded refused her to take to his residence at valsad and left her alone. The applicant further stated in the said application that when she reached her own at Bhanuwilla apartment (the residence of the opp.) in-laws demanded Rs. 1,00 000=00 from her as dowry and she refused to do so and In-laws physically harassed her and threatened to kill her and pushed her out of the residence and informed her that their son is going to marry NRI girl. The applicant further alleged that in- laws did not return her the photographs and certificate of marriage informing her that it is not with them but it is in Dharampur( taluka). They took her in the car with them to get her marriage certificate from Dharmpur. When they were in the middle of the Dharampur way In-laws stopped the car and pushed her out and abused her and slapped her. The applicant lodged the complaint U/IPC sec.498( C ),323,506(2) and 114 with the Valsad Police Station. As she attempted suicide and lodged the complaint U/IPC Sec 507 in Valsad Railway Police Station as she is residing with her parents in Railway Colony. The Opp. now released on a bail against the complaint of Sec 507.( pending)
All these facts r mentioned in the Application before the Hon’ble Railway JMFC at Surat.
Meanwhile she filed application for interim maintenance and Hon’ble court has allowed Rs.500 till the final judgment of the case.
She has also filed the complaint under Domestic Violence Act 2005 Hon’ble Court at Vapi and the complaint was dismissed on 15/05/2007 and she appealed the said order in the Hon’ble Court of Valsad District And Sessions Judge.( pending)
She has also filed the complaint U/IPC Sec. 229(a) and U/IPC Sec 507 before the Railway JMFC at Surat.( both r pending).
SHE has produced the following documents: 1)list telephone numbers on which threats given to her2)receipt of Hotel Bhagyoday 3)Memorandum of Marriage- in this names of the applicant and opponent are typed but Signatures are not there or not obtained only the Priest’s signature is there or obtained. Even the Signature of Registrar is also not on the form, No photos.
NOW WE have taken the defense in our every reply that the marriage has not at all performed and denied all allegations. Now on 26/08/2008 We hv to crossexamine the Registrar of the Marriage.
V r the group of Juniors Hiren Modi, Rekha Halpati , Neeta Prajapati,Rekha Mehta. Please Sir/Mam guide us in which type of questions V should ask. Please suggest the questions. Thank u very much. Anything more information required pl. inform us.
( The applicant is also a lawyer but now not practicing. She is hving 3 years of experience)
Maya Arora
19 August 2008 at 14:12
One of the amendement made in Himachal Pradesh VAT. Where Section 11 as amended vide Amendment Act No.12 of 2007 published in H. P. Rajpatra Extn. On 16th May, 2007. According to STO's interpretation of the Act, we should claim input tax credit only with respect to such goods as have been sold by us during the tax period and the balance to be carried forward.
According to us, if you go through Section 11 as a whole, the interpretation is totally different. According to Sub-Sec. 1 of Sec. 11 –
The input tax credit may be claimed in respect of taxable sales made during the tax period by a purchasing dealer shall be –
(i) the amount of input tax paid or payable by such purchasing dealer to the selling registered dealer, on the turnover of purchases of such goods as have been sold by him during the tax period; and
(ii) calculated and allowed as provided in this section, and subject to such other conditions as may be prescribed.
The calculation of input tax credit is given in Sub-Section 13. Which is given as below:
According to Sub-Section 13 of Sec. 11 –
“ The amount of input tax credit, which may be availed of by a purchasing dealer, shall be determined on the basis of the following formula, namely:-
NET INPUT TAX CREDIT = A+B-C
Explanation:-
(i) ‘A’ represents the amount of input tax credit which the purchasing dealer may be allowed under this section in respect of taxable sales made by him during the tax period.
(ii) ‘B’ represents outstanding input tax credit brought forward from the previous tax period; and
(iii) ‘C’ represents reverse input tax credit as determined under sub-section (10).”
If we calculate input tax credit as per Sec.11(13), then we should consider opening balance of input tax credit in every tax period. So please clarify Clause (ii) of Sub-Sec. (1) and Explanation (ii) of Sub-Sec. (13) of Section 11. According to our interpretation of Sec. 11, we can claim the whole input tax credit against the vat payable on sale during the tax period and this was the motive while constituting this VAT LAW all over India. When we are paying tax on purchase then why we should not get the benefit within time. But the STO is adamant and he say that he would not allow benefit of input tax credit on unsold stock against vat payable. So please suggest what should be the correct interpretation of law with reference to Sec. 11 of VAT at Himachal Pradesh
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S.138 NI Act - necessary party
A cheque, signed and delivered by a person as authorised signatory of a proprietorship firm.
proceeding U/S 138 NI Act, pending,
During proceeding the fact that actual proprietor is someone else, came into the knowledge of complainant.
Is it necessary to implead the actual proprietor as necessary party?