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Queries Participated

Satyamev   15 April 2016 at 09:01

Relevant rulings on 125 cr.p.c

Dear Experts

I have final argument in the Family Court w.r.t to the 125 CRPC Petition filed by my wife.Matter pertains to a Family Court in Uttarakhand and the argument is next week for which I am doing preps.

Facts :

1. Wife lived together for only 15 days which is a accepted fact.

2. Wife was working before the marriage in an IT company and has done B-Tech which is accepted fact but it was not disclosed in her petition , submission only came from her side at the time of intensive cross questioning that was recorded as her statement which was not a part of her original petition as in that she claimed that she is a house wife and does not know anything apart from house work and did not mention about her qualification.

3.Wife gave admission that she is capable to work and is able bodied but due to gap of 2 years she is not able to find a job and this submission came at the time of cross questioning recorded as her statement which was not a submission in her petition.

4. Wife left a letter before leaving her matrimonial home in which she is praising her husband and in laws and claims she is very happy with him and letter was written before going to mayika in the absence of husband, letter is undated however no submission was given w.r.t her in her petition about this letter but at the time of cross questioning w.r.t the same petition she stated that she was made to forcefully write this letter at time of Honeymoon in Thailand that was recorded as her statement but she has already given an affidavit in Dowry Matter in the High Court of Uttarakhand stating that the same very letter was made to write forcefully in her matrimonial home after returning from honeymoon which is a gross contradiction.

No sane person can believe that I could have committed a crime after reading that letter.

Question :

1.She has given no evidence to prove her allegations w.r.t the 125 petition and closed her evidence without any evidence.

Any relevant rulings/citations of SC that clearly say that no relief can be given without any evidence ? She has closed her evidence saying , no evidence to be submitted.

2. She has lied at several places for which there is clear cut evidence in the form of her different versions and admissions given at several places that show that she is lying.

Any ruling/citations of SC that clearly say that no relief can be given if the petitioner has lied or hidden facts in her maintenance petition ?

3. Wife was working before marriage and is capable to earn which is her own admission in her statements , but she says she is not able to find a job .

Any rulings of SC that say a previously employed wife is not entitled to maintenance ? there are several rulings of different HC's but I dont think the family court judge will consider it as he considers only his state High Court rulings/citations and of Supreme Court.

Moreover he is extremely pro woman and it was hell of a task for not letting him give interim maintenance to my wife previously but now it's final argument.



Anonymous   25 September 2011 at 02:50

Moot problem solution....

This is a moot problem please help me by finding the solution....

Anonymous   02 September 2011 at 23:40

What is 151 ipc

Dear Experts;
One of my friend has 326 case against him and now he is on bail and the was sanction on the bases of 1 or 2 surety bases and attendance at the police station on Monday & Friday & when he went for the attendance they have taken him inside for 151... what is dis 151 ipc and what is the procedure for the same.....Please do reply

Anonymous   15 February 2011 at 18:25

cenvat credit on piston seal

sir, how much cenvat claim can we take on pistal seal used in mould. whether it is 50% or 100%

Anonymous   14 February 2011 at 15:23

excise duty

Respected Experts,

I have the business of stainless steel and leather goods sale and purchase and export& import. I want to purchase huge quantity of polythin begs(plastic begs_ for packing of my material. I want to purchase above goods agasint "H" form. Is excise duty impose on it or not.

CA Deep Upadhyay   14 February 2011 at 15:17

Service Tax

Mr. X (proprietor of M/s. XYZ) got service tax registration in 2007-08. He provided taxable services for:
1. April 07 to Sep 07
2. Oct 07 to March 08
3. April 08 to Sep 08
Then he stopped providing services. He has duly paid all taxes & interest thereon, but did not file any of ST – 3. Now, he wants to surrender Service Tax registration. What are the periods for which he is required to file NIL ST – 3. Is late fees compulsory on NIL ST – 3?

Sudharsan.m   10 February 2011 at 12:55

Customs Act, 1962

Whether against revision application under section 129 DD of the Customs Act, 1962 appeal will lie to the High Court under Article 226 of the Constitution of India?

Anonymous   07 February 2011 at 10:11

Service Tax

Is that Service tax applicable on hotel (logging and fooding).

plz guide me

Thanks.

princehashmi   18 June 2010 at 23:06

moot court promblem

on what basis j & k public safty Act is against to constitution of india,can it be applicable to minors.

Sanjay Sharma   04 June 2010 at 11:07

Effect of Notification No. 24/2010 dt. 26.05.2010

Dear Experts,

We area a Company of manufacturing Tractors. We are exporting our tractors to various countries all over the world under cover the Excise Notification No. 42/2001 dt. 26.06.2001 as amended. We have submitted the required LUT for 12 Months for Jan-2010 to Dec-2010.

Tractors is exempted for the payment of excise duty by the Notification No. 23/2004 dt. 09.07.2004. Now, the CBE & C issued a new notification No. 24/2010 –(N.T.) dt. 26.05.2010 with the condition “
(iv) that export of excisable goods which are chargeable to nil rate of duty or are wholly exempted from payment of duty, other than goods cleared by a hundred per cent export-oriented undertaking, shall not be allowed under this notification;”

After issue of this notification as per my understating it is clear that there is no need for the submission of LUT or bond to export the manufactured goods while exempted for the payment of excise duty duly specified by a notification.

I want to clarify the following questions ---
1.Are we require to submit the LUT for future export?
2.Can we cancel our LUT and stop complying with the terms and conditions of the notification No. 42/2001 with immediate effect, as we have to sent the triplicate and quadruplicate copy of ARE-1 on post export basis?.
3.Can excise department put force on us to continue the exiting LUT and compliance under it ?

Regards
Sanjay Sharma