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Home > Forum Messages Posted On3-27-2012

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Forum Messages on 3-27-2012

1 - 20 of 268 in 14 pages
Replied in : Re:Stipend income
Posted by : A V Vishal on 27 March 2012

Under Section 10(16) of the Income-tax Act, any scholarship granted to a person to meet the cost of education is exempt from tax. The term ‘scholarship’ should be interpreted liberally and it would also include within its scope and ambit, amounts of fellowships, stipends, grants for travel and incidental expenses, etc. awarded for acquiring education.


An interesting question that would arise for consideration is in regard to taxability of a scholarship, where the recipient has not spent the whole amount. The Madras High Court, in the case of ‘CIT vs. V.K. Balachandran’ 147 ITR 4, had occasion to consider this very issue. The High Court held that where the purpose of payment of scholarship is to meet the cost of education, the question whether the quantum of payment is adequate or inadequate, or, is or is not in excess of the requirement is beside the point. It is enough if the whole object is to meet the cost of education of a person and no further enquiry is called for in order to exclude the amount from the taxable income under Section 10(16).


In this case, the taxpayer, a professor of mathematics was awarded grant-in-aid by a foreign university for doing advance research in the field of mathematics. The Court held that the fact that the recipient does not spend the whole of the amount or saves something out of it or utilizes for other purposes would not detract from the character of the payment being one for scholarship and accordingly exempt from tax.




In another case of ‘A. Ratnakar Rao vs. Addl. CIT’ 128 ITR 527, the Karnataka High Court had occasion to consider whether the trainee’s stipend granted to a physician to further his education and training was exempt under Section 10(16). The Income-tax Department took the view that the amount received by the taxpayer was not in the nature of scholarship, but it was salary for the services rendered.


The High Court held that the amount paid to the taxpayer was for the benefit of securing training and pursuing study and research in medicine and the entire amount received from the hospital was in the nature of scholarship and not for services rendered and services, if any, rendered by the taxpayer were only incidental to the course of practical training.


Similarly, the Income-tax Appellate Tribunal, Jaipur Bench has in the case of ‘Sudhirkumar Sharma vs. ITO’ 17 TTJ 226, held that the stipend received by an Article Clerk from a Chartered Accountant is exempt, since it is not paid for rendering services by the Article Clerk, but is paid to him to meet the cost of books, coaching fee, examination fee, etc.

New Topic : True!
Posted by : Member (Account Deleted) on 27 March 2012

Replied in : Re:Defaulters due to shortage of water in co-op hsg society
Posted by : Member (Account Deleted) on 27 March 2012

uncle ji nahi dadaji bolo.


Replied in : Re:Divorce & property
Posted by : tanmoy on 27 March 2012


I dont see a good and neutrul comments from you. How do you say that procede with 498a ? Why should she file 498a ? just to harrash her In-laws. Some girls like this mentality are spoiling this socity. That is why law should be spouse and neutral not gender basic...


Then only, all women would be polite to their husbend... and we have good socity...and get good nation..

Replied in : Re:Court bars indian maid from pursuing case in us
Posted by : Member (Account Deleted) on 27 March 2012

Originally posted by :Dr. MPS RAMANI Ph.D.[Tech]


Diplomatic protection is different from diplomatic immunity. The question here is that of diplomatic immunity of the Indian Embassy official who was the employer and not that of the maid.  The question can be raised what if the maid was a US citizen. I do not know the answer.


In India US embassy and consulate staffs employ Indian citizens as domestic helps. What will happen if such domestic help complained of ill-treatment to Indian law authorities? Frankly here also I do not know. Does anyone else in this Forum know?


There is another serious case concerning Indian citizens, though not Indian diplomats. In Norway very small children of an Indian couple, the Bhattacharya’s, have been compulsorily taken away from them by a child care centre. The alleged reason was that the children were not looked after properly by their parents. Specifically it was stated that one of the children was hand-fed and the other slept in the same bed along with father. This is actually child care with a vengeance.  The Bhattacharya’s themselves were born and brought up in India. They would have been brought up in the same manner as they brought up their own children in Norway or worse. I would imagine that in Norway the Bhattacharya’s would have been at least using diapers for their children. In India they would not have had even that privilege. Now I ask, is an average Norwegian adult better than the Bhattacharya’s in any respect? I can say not at all, not even the above average Norwegians could compete with them.


The latest development is that the children are going to be retained in Norway only. The children, though small, are Indian citizens. Can they be compulsorily retained in Norway for no fault of theirs and for having committed no crime there?  This is  high handed indeed. What is the Indian Government doing? Barring Indira Gandhi all our Prime Ministers, right from Jawaharlal Nehru were spineless individuals. And Manmohan Singh is the worst. Would the Norwegians dare to treat a Chinese couple in a similar manner?  It is not that Indian Government can’t do anything. It is said that when Rahul Gandhi was detained in the US, the then Prime Minister Vajpayee got him released. Are Indians like Rahul Gandhi more equal than other Indian nationals, in the eyes of Indian politicians or that of the Westerners?


oye..! this is legal forum.Dont campaign for BJP!!!!!!......I guess you are a fake person who claim to be a scientist!!!!!!!!!

New Topic : Application for stay of proceedings
Posted by : advocatelawfirm on 27 March 2012

if the stay application has not been filed at the time of fling 482 petition can that be filed later?

Replied in : Re:Defaulters due to shortage of water in co-op hsg society
Posted by : Member (Account Deleted) on 27 March 2012

Originally posted by :Dr. MPS RAMANI Ph.D.[Tech]


Your case appears very complicated and that may be the reason no one has replied so far. I presume that yours is co-operative housing society in Mumbai. How many buildings are under the Society. How many floors are there and how many flats and how many members?

Do you mean to say that your Managing Committee was superceded and taken over by the Registrar? If so what exactly was the reason?

What is the meaning of lights off water supply?

What is the basic cause of water shortage? Are other buildings in the neighbourhood also experiencing water shortage?

What is the meaning of 500 litres per flat? Does it mean that each flat has its own overhead tank or that there is a common overhead tank on the terrace?

It is not human nature to quarrel when faced with problems.

If the Registrar has taken over the Society he will have to elect a managing committee and hand over back to that committee.


arre wah!!!!!!!!!!! are the one who dare  to reply!!!!!!!!!!...uncleji..tumto sachmuch genious ho!...


bhagwan tumko lambi umad de!

Replied in : Re:Foreign agreement
Posted by : Rajesh Hazra on 27 March 2012

You can choose Mumbai for the Governing Law and the place of Arbitration.

Replied in : Re:Rebel brides dowry charges junked
Posted by : Member (Account Deleted) on 27 March 2012

old news dude!...bring some new..where were you?wife is always rebelious..try to other way..

Replied in : Re:Disturbed marriage
Posted by : chandermohan on 27 March 2012

I was married on 1 Dec 2008

Replied in : Re:Disturbed marriage
Posted by : chandermohan on 27 March 2012

Thanks for your advice.I dont think that my wife will file a false complaint against me, as i think she loves me a lot. Is there any legal way were counsaling can be done to both of us so that future of the child should not be ruined and please let me know that if it is possible. One more thing i want to ask you that can some summon or some thing like that can be sent to her for counselling as i think she is in influnce of her Chacha.

Replied in : Re:Disturbed marriage
Posted by : chandermohan on 27 March 2012

Thanks for your advice.I dont think that my wife will file a false complaint against me, as i think she loves me a lot. Is there any legal way were counsaling can be done to both of us so that future of the child should not be ruined and please let me know that if it is possible. One more thing i want to ask you that can some summon or some thing like that can be sent to her for counselling as i think she is in influnce of her Chacha.

Replied in : Re:Please advice
Posted by : Member (Account Deleted) on 27 March 2012

thanks to you sirs..i have consulted a lawyer.

Replied in : Re:Re Re Re Re Re Re Whether new proposed marraiage law another whip to husbands
Posted by : bhima balla on 27 March 2012

Mirage, Please don't patronise me.

If you cannot get it that laws are not /cannot be done in vaccum and must have basis in morality-there is nothing to talk further.

Financial comparison is a short cut adopted by law, that is all. The government with its illogical and biased laws is only making things worse. You are basing your arguments on feminist agendas. Femisnists want only property acquired during marriage to be the sole criteria. It does not matter to them who contributed and by how much. They want us to assume that they contributed equally. This does not wash.

Why should a man care, if after divorce, wife has it ten times or hundred times harder, to move on? Is she not an adult? Indian laws are treating woman as though they are children -who cannot fend for themselves. That is wrong. Divorce must be clean. Responsibility must end when they divorce. Woman can and should take responsibility for herself.

By dragging case, especially,in case of a rich husband, she is trying to extort money from him-because she is preventing him from moving on.That is blackmailing! Why should a husband care if she is getting older or younger? Is he getting any younger? So, in your words if wife drags the case for 15 years starting at age 19-is it OK that husband is harassed for 15 years? The fact that wife is not happy with this marriage may indicate wife wants to find the next big thing. It may be greed driving her. there could be hundred reasons. But why is it the responsibility of a husband to keep wife happy and not vice versa? In that case why did she marry, in the first place? She could have married that next big thing maybe? Or the one after that?

You are entitled to your views but there are strong arguments against those.

Your argument for maintenance  falls flat, as well. If some husbands want to give their wife maintenance- they can do so on their own, voluntarily. No one can stop them! They might even want to throw their money on the streets or in garbage can. That is their prerogative. Your arguments are based in feminsim-which many cannot agree.. Men have been tricked.

 Laws making anything mandatory, must have a basis. The basis must be on what is right or wrong.That is morality. If laws are not based on what is right or wrong, then such laws are tyranny. Just because NAZIs made laws against Jews doesn't make them valid, as it is immoral. No one said hey, that was the law of the land so let it go! Laws that are biased, must be challenged and corrected. The basis of such challenge is morality. No society that is immoral can survive. A woman who despite being capable, invalids /incapacitates herself-should not be entitled for maintenance.Educated and capable wives are still given maintenance! Rehabilitative maintenance is valid under circumstances, where wife has ceased to work (documented) based on husband's insistence. This is obviously to help her get on her feet. Such nonsense as maintaining her lifestyle etc is irrational and has no basis. It is her husband who got her there in the first place! In reality her contribution may be nothing.But law wants to assume she did and that too equally!  It is still important to note that each case has its own dynamics. IRBM attempts to take this away for husbands and makes it favorable to wife.

I agree there is some reality that should be taken into account. But the fact is-it is lopsided. Educated, capable and still non working wives who are getting maintenance is a clear example of how bad things are.

 The fact is courts are swamped and unable to decide the matters. That is where government need to fix the problem-which is not happening. Responsibilty of courts and governments are being conveniently trasferred to husbands under these laws-all in the name of women's rights (without responsbilities) and feminist agenda.

All this can be eliminated if marriage was made a contract rather than nebulous 'sacred' nonsense that it is now. The terms agreed to before marriage and held as a contract. Each will know their responsibilities and rights. It makes it easier for courts to decide.

If one brings rural areas into the picture as feminists have-are they saying that laws do not apply for rural areas? It is then governments inability. The ones affected by these lopsided laws are the urban males-males who are successful through their hardwork. This fact is often ignored and IRBM wants to make it concrete!

Men have been constrained by political correctness. They are branded as anti woman when they clearly are not. Asking for accountability and responsibility and equality is not a bad thing!These laws are making that accountability and responsibility one sided and biased.

This is a bad law in its current form.

Maybe the government's thinking is that: by making these lopsided laws they would encourage female population growth, reduce female infanticide, set right gender ratios etc That is not what is happening!

It may not be far when time comes where not only divorced woman might have a difficult time marrying but even single woman.

Replied in : Re:Re RTI
Posted by : Afsha Bakahasab on 27 March 2012

I am posting this to Police Department of Pune. Police Department of India National Crime record bureau Since the credit goes to Pune Police Department for catching the live IDEA SIM in usage where Bhakti Naidu was found in possession & usage of the stolen SIM, after the FIR was registered with mobile number for stolen mobile.

She came from another college, to Indira College where she could not complete her graduation, shifted by her father here for education completion. We have many similar cases where call girls or s*x workers were caught by usage of stolen or fake identity SIMs.


If it was awfully urgent to call two men – so that she had to steal- during exam time--- Using stolen SIM not her landline, father’s mother’s or sister’s mobile available to her at that instance--- only to hide her identity---then case is not as uncomplicated as it seems. In Budhwar Peth case s*x racket (Bhakti threatened about a racket of her father calling him a Gunda) , the call girls were using stolen SIMs to lure men from good families--- whom they term their boyfriend in their dialect. What trustworthiness can be given to a girl, who would claim this guy a boyfriend- with whom she had s*xual relations without a doubt. Virginity with regularity of s*x can be proved legally & medically open to challenge in any court of India. But is it really important to make out virginity, when girls are losing it at early ages today? No I don’t prop up the rate of virginity or s*xual abstinence till marriage , as girls are getting liberal- agreed- but what loss would she have incurred if waited till end of exam for few days—there was some professional urgency , if not academic importance, to use identity of another person. How are prostituted, identified by police and investigation buareaus? Where we have rackets, involved who can go to any extent if any girls gets in police record, as its their source of livelihood---


The call girls are also not virgin- s*xual state similar to modern girls—but they have certain people whom they can call as ex boyfriends with broken relationships here the boy whom she had a long term physical relationship does not want to acknowledge—so case is suspicious- she might have lost her virginity to another men before—if not – one man --- but two men-- were called (we have duration of each call with timing ) using stolen SIM or another identity--- then she would have called many more men if during stealth investigations the police would have not barred the service.


A criminal case leads to series of another crimes being solved, in police records. The case has strong grounds for prostitution , where she could be into another men for s*x trade, stealing SIMs, hiding her identity while calling, as per rule- call girls cannot use their mobile numbers for s*x trade or luring men. It an ACT gainist use mobile numbers for prevention of prostitution or immoral trafficking through which case becomes clear, requirement to steal mobile. Investigations must be carried out , as s*x trade is illegal, we cannot risk lives to AIDs or STDs . I dont think that families going for virginity tests or HIV sceening are wrong, as its personal choice over morals or fashions.

Replied in : Re:Re New divorce amendment
Posted by : Krish Narayan on 27 March 2012

It is absurd amendment.

Some people are preparing to challenge it....

It destroyed the family system in India.....

Replied in : Re:Issue birth certificate at 21...!!!
Posted by : Sumit Rawat on 27 March 2012

is there no any solution to this problem....???????

Replied in : Re:Please advice
Posted by : Ranee....... on 27 March 2012

@Author, i dont think he deserves anybody to be loyal with him.Consult local lawyer and file cases so thet you can get maximum relief.You cant do anything to his mistress as law has taken her as ABLA NARI..

Replied in : Re:Transfer of property
Posted by : Narendra Malik on 27 March 2012

Since children were major at the time of sale deed  executed by their father S1. S1 was the owner of 1/16 th share only. If matter is contested then only 1/16th share of  S1 will be treated as sold. it is well founded principle that no one can transfer better interest then he has.

Replied in : Re:School admission
Posted by : Adv. Chandrasekhar on 27 March 2012

I agree with Mr. Arvind.  Further I add that if you are living in state capital, write a complaint to directorate of school education against the school and file a writ petition in High Court making both directorate of school education as well as school as parties.  It will give you immediate relief.


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