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Re:Chargesheeted in 498a, But... 

Mr. Deepak Kumar,
No offence to you, but this sounds like a typical lawyers-speak...
Scaring the clients/accused from proceeding, with the fear that their (lawyers') own dirty acts would surface if the dirty linen are washed openly...
But let me make it clear Mr. Lawyer, For me it's more important to bring out the TRUTH, then getting afraid of the hardships it takes in the Indian courts.
Just because there are NO marital laws in the country that can be leveled against the unscrupulous wives, doesn't mean all the husbands should start compromising under the pressure of their open legal terrorism.
This compromising attitude is the most dangerous one of the lawyers and husbands across the country, that is encouraging such legal terrorists to play their dirty games over & over again!

Now coming to your point... if I compromise at this point, what is the guarantee that tomorrow she'll not go again to the court lying like now, & say that I broke the conditions of the compromise? In fact knowing my darling, I'm sure she'd do so very soon if go for a compromise.
So I just want to end it once for all... Once it gets proven in the open that she had lied completely in turn harassing/torturing the husband (against the popular beliefs), at least it should discourage her enough to throw such dirty tricks on me (or anyone else) in future!

Posted by : Legal Techie on 04 July 2008
Re:Chargesheeted in 498a, But... 

if there is a chance of compromise then go for it, it would be easier for you bcause you live at a different place and you will have to face many hardships during trial which can go on for a very long period.It is not a matter of 498A only suppose you had also lodged a case against her then she would have faced a similar experiance for that matter any accused faces a similar experiance once allegations ar levelled againt him and it is only after conclusiion of trial it is clear that those allegations are substantiated or not.

Posted by : deepak kumar on 04 July 2008
Re:criminal liability 

since the money was deposited in the account of main broker and the client lost money by his actions then the liability will not be upon you. You have got bail.


Next course would be to see whether cognizance has been taken or not. Post cognizance you can challenge the order issuing process against you in High Court U/S 482 IPC.

Posted by : deepak kumar on 04 July 2008
Re:F.I.R. 

the agreement to pay was within two years, the term has now expired. B failed on his part to comply with the agreement so A is now not bound to the agreement. If  false police case has been lodged, the polic will investigate and come out with the true facts. In the meantime A should go in for Anticipatory bail. FIR is maintainable if it constitutes any offence.

Posted by : deepak kumar on 04 July 2008
Re:Rent Control 

It 's a good case to your party. As Mr. Gopi Krishna opined you can issue legal notice for eviction by choosing the grounds favourable to you.

Posted by : K.C.Suresh on 04 July 2008
Re:Rent Control 

My Greeting To You.


You may issue a notice regarding that you are in possession of the property and file a sut on the very next day that you are in possession of the property against the tenant. Before that you must ask you client to remove the name of the tenant from local records and you must create records that you are in possession of the property, and then only you can file the suit. you should give a nice in a proper manner that the notice is an important document in your cases future.

Posted by : G.Giridharan on 04 July 2008
Re:doctor and lawyer?? 

Hi, I have done my Master in Laws (IPR) from India and have moved to US on H4 (Spouse Visa). Can anybody guide me on what should i do to get the work permit? which courses except LL.M. I can opt for? Is there any other way to get the work permit without going for further studies in US, as the same is very costly?

Posted by : Sapna on 03 July 2008
Interest on Enhanced Compensation 

Dear Sir,


My client is an agriculturist having his agricultural land 30 kms away from taluka head quarters. ( In Gram panchayat area). Government acquired his agricultural land under compulsory acquisition proceedings. He has been paid compensation and piece of land in the year of 1997. Agrieved by the quantum of compensation, he approached the Court of law. Now in the month of March 2008 Court decided the case and enhanced the compensation and ordered to pay the interest on the enhanced compenssation from 1997. while paying the enhanced compensation with interst State Goverment authority deducted the tax at source @11% on interest portion.


Now my questions are:


1.Whether the interest on compensation is taxable? if es how to calculate the tax liability? on accrual basis or on receipt basis?


2. Hoble Supreme court observed in the case of CIT vs Govinda Choudhary SC 203 ITR that " interest partakes the same charector of principal" can  I apply the same ratio to this case?


3. There is another case of land acquisition " Bikram Singh vs Land Acquisition collector 224 OTR 551 SC that " the assessee is entitled to spread over the interest for the respective previous years "


Kindly suggest how to file the return of income. Can I claim refund of TDS as interest is the part of compensation ?   

Posted by : s m bhat on 03 July 2008
Re:whether to pay 

Thank you Sir.

Posted by : s m bhat on 03 July 2008
Re:lawyer in usa?? 

hey  manisha.!!


as amit sir informd... it's good 4 u if u'vl approach direct 2 certain sites..there r certain sites  in my knowledge...


- www.lawcareers.net ,  www.solicitors-online.com


nd 4 u.k u cn approach to,
www.barcouncil.org.uk

www.barstandardsboard.org.uk


 

Posted by : lakhani on 03 July 2008
Re:sir need urgent help 

Dear Sir,





i ask this problem(credit card payment) on this forum...thanks for your reply sir i need your last time advice please help me


Kindly advice me as what is the better solution,is it to face the case and then if I am not able to make the payment to the bank then should i escape or escape right now and then do the settlment with the banks through some mediator ,at present I do not have money to settle,if its possible that I can fight the case for 2-3 years and in the meantime arrange for the money and do the settlment then I can think to fight the case .



Sir ,at present I have 2 cases against me under section 37,420 and 406 .There would be around 20+ cases which can be filed against me.



Sir kindly advice me should i face or skip as I am totally bankrupt and dnt knw that even after fighting the case will i be able to repay or not,on the second thoughts i thought to run away from my current address .



Sir if there is anything which you cannot write me in open or in this forum ,then you can mail me at abhiban12@gmail.com ,then i can get in touch with you personally(i can pay for that)


 


thanks sir.

Posted by : vikas bansal on 03 July 2008
Re:F.I.R. 
A should immediately file a suit against B for specific performance of the contract. It was the duty of B to pay the balance amount to A and to get the sale completed.It will show that A is still ready to perform his part of the contract.The FIR is bound to fail later on but do as suggested to create your defence.You may take recourse of anticipatory bail or of sec.482 cr.p.c. before the high court when cogoizance is taken
Posted by : Ajay kumar singh on 03 July 2008
Re:TDS ON SERVICE TAX 

TDS canot be deducted from the Service Tax.


Reason :
















Direct Tax Circular No. 4 dated 28 April 2008


The CBDT decided that the TDS under sections 194-I of Income Tax Act would be required to be made on the amount of rent paid/payable without including the service tax. Further, the service tax paid by the tenant would not be considered as income of the landlord, hence, the tax was deductible at source on income by way of rent paid to any resident.





 
Posted by : Guest on 03 July 2008
TDS ON SERVICE TAX 

 TDS is deducted on gross amount icluding service tax charged in the bill.i.e tax on tax which appears unfair.Since service tax is not an income whether deduction of TDS on service tax amount is legal?

Posted by : M.M.JOHN on 03 July 2008
Re:Training worshop on Service Tax 

Can post these in events too

Posted by : yedhulaprakash on 03 July 2008
Re:cought in company bond 

Dear Mr. Pramod,


The appointment order issued to your sister has to be looked in to before giving any comments.


If the training imparted is of an expensive nature where special skills are imparted by training, the employer can take action on the employee who is violating the contract of Employement ( Training and susequent employment period)


As per sec.27 of Indian contract Act, 1872, any contract entered by an employer with an employee in restraint of trade is null and void. The exception being that if the employer had spent exhorbitant amount of money on training the concerned employee for acquiring special skills, he can restrain him for a limited period from moving out of the organisation.


With regards,


V. Krishnan

Posted by : Krishnan Venkatachalam on 03 July 2008
Re:DEPARTMENTAL ENQUIRY 

Dear friend,


obiviously, the burden of proof lies on the organisation which is conducting a domestic enquiry against the deliquent employee.


With regards


V. Krishnan

Posted by : Krishnan Venkatachalam on 03 July 2008
Re:contract act 

Dear friend,


Any contract of employement will have a termination cluase binding both the employer and employee. If the termination clause provides for the notice period for termination of employemnt by the employer, then the employee can insist for the payment in lieu of the notice period provided if the employee is sent out of employemnt with out notice.


With regards,


V. Krishnan

Posted by : Krishnan Venkatachalam on 03 July 2008
Re:Memo 

Dear friend,


Memo or Charge sheet is a document served on the delequent employee calling for an explanation and preceeds the subsequent domestic enquiry. If the domestic enquiry conducted on the delequent employee finds him guilty then disciplinary action is taken on weighing the gravity of the misconduct.


Warning letter is generally is issued to the delequent employee sub subsequent to the domestic enquiry and when the mis conduct is of lesser serious nature and if the employee had committed the misconduct for the first time.


with regards,


 

Posted by : Krishnan Venkatachalam on 03 July 2008
Re:doctor and lawyer?? 

yes ,youcant continue in both the professions as a friend had alrewady told you.bar council of india regulates the advocates proffession,if you have apassion for law you have to give up your medical practice in india then only you will be entitled to practise in the courts of law in india.


you need to surrender your indian medical council certificate  of medical practitioner to the bar council where you are supposed to enroll 

Posted by : podicheti.srinivas on 03 July 2008

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