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hello, r/sir.my que.is what is impounding of a document means? onec any document is impound,can it is readable in the evidens?n any citetion on tht point.

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My grand father had 4 sons and 5 daughters. The partition decree of 1952 with his elder brother mentions only 3 sons because 4th son was born in 1954. All properties are ancestral.
My grand father died in 1962. All daughters married before 1977.my grand mother also died in 2000.
All properties are sold out or partitioned before 2000, except one agricultural land of 20 acres.
My mother got equal share in father’s share i.e.,1/50 in sold out properties (1/10 in 1/5).
Now my question is whether she will get 1/9 share i.e, .2.22 acres, after Hindu succession act (amendment) 2005.in remaining un- partitioned 20 acres. Please clarify.(equal to son)

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Dear All,

What is the Stamp duty payable in Mumbai for a Share Subscription Agreement between a Company and its Investors?? Request you to also give the provision under which such stamp duty is calculated for Subscripion Agreement..

Also please confirm if separate Stamp Duty has to be paid for Shareholder's Agreement is such shareholders' Agreement is a part of the subscription Agreement.

Thanks in Advance,

Regards,

Chandan

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Sirs,

I am a service provider. I have taken service tax registration belatedly and claimed demand confirmed.

Now if I deposit the service tax with interest for the past period and claim from the service receiver, does the Department disallow the CENVAT credit to the Service Receiver because I am (service provider) is show caused and adjudicated.

This part is not clear in the CENVAT Credit rules. Is there any departmental clarification or case laws available in this context. What is the legal position plese.

Kindly provide your valued opinion.

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in a money suit the defendant was set exparee and later as per the expartee decree the attached property of the defendant went to the hands of the plaintiff .At present the plaintiff had effected mutation over the defendant's property by virtue of the decree

Now the defendant wants to set aside the expartee decree
MY specific dout is what can i do for the defendant and how and what procedure can i take to abstain the plaintiff from further alination or exection of any other document in regrd to the property of the defendant

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Hello, people i have case where a insurance company is elluding from its liablity to give insurance amount , to the nominee by stating that the death caused to the insured is a "murder smlificator"

Facts: mother is the nominee, daughter is insured person/deseased ... death was casued by murder, there are not even single instance which point towards the parents or relatives ... FIR has been filed n one of the friend of deseased been made as accused n trial is yet to begin ... now one of the insurance company is repudiating the cliam amt by stating the death caused is "murder smplificator"
So, can any one enlighten me wat is "Murder smplificator"?
and also
is murder a accident..?

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IAM A FINAL YR STUDENT IF NT PRACTISE WT OTHER OPTION I COULD HAVE .
HOW SHD I PROCED 2 BE SUCCESFUL
PLS HELP AND ADVICE

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FROM where i can get the all the official gazatte,GR; related to MRTP ACT 1966 (give me the website address)?

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MAHESH KAPASI & CO E-Mail: maheshkapasi49@gmail.com
Chartered Accountants Phone: 2686 8147
B-49, Gulmohar Park,
MAHESH KAPASI New Delhi-110 049
M. Com., LL.B., FCA, FICWA, FCS
Ex –Member: AMIMA, AMIBM, ACEA (London), MIIA (U.S.A.)
Website: www.caclubindia.com/homepage/maheshkapasi

(Record Holder for “Most letters published in a month“
And “Most letters to editor” (Second Place)
in LIMCA BOOK OF RECORDS 2008)


Reference No: Dated: November 19,2008


Lawyersclub.com
Sir,

Re: Stamp duty on shares holding in joint name transfer to spouse

I have been informed by a company that stamp duty I chargeable for share transfer of spouse already shares are in joint name. Is it so? Since Deemat account of single person does not allow joint shareholdings it is necessary to make it single for joint holding by spouse in the single name. But it is not sale or transfer in literary sense than why stamp duty on market rates of shares is Levi able? Even if it is so it should be for 50% (half the value) of total market value as spouse is having 50% share in it. Will the authorities or a competent person clarify it? In my view there should not be any stamp duty on such transfers’. And if it is not the law such an amendment is a must in public interest.
In fact, in all family settlements under all tax laws there is no stamp duty, as no transfer of property actually takes place.
Further I suggest that all family (blood relations) transaction of transfers/settlement / and even sales if any including shares should be exempt from the provisions of Stamp Duty Act.


(Mahesh Kapasi)

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Is there any form to b filed in case of a shorter notice for EGM in Pvt Ltd Company? Notice dispatched on 19th Nov for EGM held on the same day

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I want to hold EGM at 2 pm today. Can anyone provide me a copy of Notice for the same (considering the fact that that would b a shorter notice; however 100% Shareholders will approve it). Also provide if anything to b mentioned in Minutes of the same. D same b treated as urgent. Tq.

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Dear Sirs,

We have a new project in Kerala and we engaged EPC contract. our manpower is only management staffs like Engineers, Senor Engineers managers etc( not workers or labours). Since it is a on site job our normal working hours are 10+1.
As per labour law 8 hours daily working time and 50 hrs OT for a month is applicable ( as per my knowledge ). But in our case it may go more if we will keep daily working hours as 8 hrs. we are ready to pay more money to staff if they worked more hours. But my question is " the rule of 50 hr OT per month". In our past case many time the OT hrs exceed 50 hrs. Also we dont want to increase manpower instead of giving OT. If the staffs agreed to work for 10 hrs per day, is it possible? please clarify.

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Dears friends,

Whether an Advocate with LLB degree having 10 years or more practicing experience are treated to be equivalant to 'Post Graduate' and they can directly apply for registration in 'Phd.' without LLM? If it is so, where it is written? Is there any judgment on this point?

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Under the current Stamp Duty Amnesty Scheme,2008, of Maharashtra Govt., I wanted to submit the application for Feb.1980 Society Transfer Form (unstamped) of the Registered Co.Op.Society, based on which the flat was purchased and also transferred by the society in 1980.The authorities refused to entertain the application stating that the transfer form did not have any stamp. I had taken up the matter with Inspector General of Registration & Controller of Stamps, Pune, for clarifications as Transfer Form was classified as an Instrument liable for payment of Stamp Duty as per the Bombay Stamp Act, 1959. .Now 2/3 days back, IGR had issued the circular that such documents could be accepted by the authorities under the Amnesty Scheme but subject to payment of deficient stamp duty under 5(h) of the act and also penalty under 39 of the Act, as both prevailing at that time(in this case, Feb.1980). Will someone remove my confusion as to what benefit I will get if I apply under the scheme? What will be the amount payable as stamp duty and penalty, for consideration amount of Rs.31000/- as per the said Society Transfer Form? Is the Deptt. right in collecting the stamp duty by this illegal interpretation of the law, for instruments prior to 10-12-1985? I understand that if Rs.5/- adhesive stamp was affixed on the Transfer Form, then under this scheme, I would have been liable to pay stamp duty at current rate –which is Rs.100/- upto Rs.2.5 lacs).Moreover, in Feb,1980, instruments were assessed for stamp duty at face value as no market value concept was there at that time.What if I opt for registering the same with confirmation Deed on Rs.100/- stamp paper after the Amnesty Scheme? Will it be the same amount which the authorities are now demanding under the Amnesty Scheme/? L.T.Maheshwari
EM: goldmineprop@gmail.com

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A party obtains judgment in its with the help of fabricated and false documents, evidence.

How to initiate the action under the section 340 of the Cr PC and what further remedy if the Court does not act.

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I have filed a case against my tenant in a sessions court as he is neither giving rent nor vacating premisises. For the past six months whenever the case comes for haring he gets adjournment.Can you please suggest me a way out of this problem

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IFCI (having its registered office at 61,Nehru Place ,New Delhi-110 019),a Public Financial Institution, originally established as a statutory corporation by an Act of Parliament in 1948(15 of 1948) and the first Government Institution converted into a company at the threshold of liberalization by another Act of Parliament i.e. The Industrial Finance Corporation (Transfer of Undertaking and Repeal) Act,1993, No 23 of 1993 is for all practical purposes an instrument of the Government Of India(GOI has recently directly extended IFCI loans/grants amounting to more than Rs. 5000 crores spreading over 2002/03 -2010/11)

The Section 8 of the above said Repeal Act explicitly protects the service conditions of the employees. The position was reaffirmed by the then Honorable Finance Minister of India on the floor of Lok Sabha on 3rd July, 1998 in reply to an Unstarred Question No 2786

Now IFCI in gross violation of three decades old policy of following Industrial Development Bank of India (IDBI) in relation to pay scales, pension and other service conditions, by shifting the cut-off date of revision of pay scales, has deliberately denied its 286 retirees their revised due pension, outstanding wages, medical and other related benefits.

Under the circumstances and based on above facts, what VRS optees (who are mostly senior citizens) can do so that they can get releif in a shortest period without incurring much expenditure.

How much time it will take in decion by High Court?
Management after decision may appeal in Supreme Court that will also consume much time by that time most of retirees would be in Heaven.
Is it possible to file PIL in Supreme Court or any other legal way in which decision can be taken in 2/3 months.

The Supreme Court in case No 395/2008 (writ petition civil)has decided to look into the alleged discrimination between pensioners who retired from public sector banks between1987-97 and those who did so after 1998.

Perusing the PIL filed by an aggrieved employee of one such bank, E K Varghese, the Bench of Chief Justice K G Balakrishnan on Thursday sought the response of the Finance Ministry and the All-India Bank Employees Association.

The PIL, filed through advocate N R Shonker, claims that those who retired before 1998 were denied the benefit of revision of pension. The petitioner urged the Court to declare that denying revision of pension benefits to pre-1998 pensioners while granting them to post-1998 retirees was arbitrary and illegal and in violation of Article 14 of the Constitution.

Varghese has also alleged that there are considerable anomalies in the pension payment made to retired employees of public sector banks and those who retired from other government services.

His petition stated that when the Central or state governments extend an increased dearness allowance to their employees, the same is extended to their pensioners as well. However, in the banking sector, even though the DA is revised for working employees on a quarterly basis, it is revised only half-yearly for pensioners. This, he again alleged is arbitrary and violates the Constitution.

Can somebody give reference / Contact Nos of Mr. N R Shonkar who can be approached by retirees for making a party to the case

Pl also advise the definition of back wages with supportive judgements if any

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Sirs,

Are the purchasers of flats eligible to get the refund of the Service tax they paid to the builder (during 2007-08) ?

From the circular,issued by Central Board of Customs & Excise issued Service Tax Circular No.96 dated 23rd August 2007 which covers the issue, it looks like that the property buyers need not pay service tax to builder/developer. On the other hand if the developers had employed the services of a contractor, it is the contractor who will have to pay service tax and not the developer builder.

Please clarify?

1. Which section of service tax act demands that the service tax to be paid by the property buyer to the builder ?

2. Is there any relevent decision by the SC or any advance ruling on this matter?

Thanks,

Brindha

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Can an employer reduce an employee's salary. The salary of an employee which is about say more than 60,000/- per month. If so, then under which act and if not then under which act? Are there any relevant judgments to that effect.

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I have deposited Rs20000/- on 10/01/1994 for priority registration of a car with the manufacturing company's authorized dealer. The company claims to have send me a RECEIPT-CUM PRIORITY CARD(RCPM) but the same i have not received or i have misplaced no idea. This month i have sent an email to the company to give back my advance with reasonable interest, it had replied "As of today, as per our records, the booking remains unclaimed and treated it as lapsed claim.Now the amount claimed is barred by law of limitation and the company is not liable to refund the money."

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