Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Sudheer   13 June 2008 at 16:48

PF Accumulations

Dear All,

If an employee has completed continuous service of 10 years in a company (Maharashtra)and would like to quit the company & settle the PF Account, will it be possible to get total share of PF deposited in his account (i.e. employees & employer's contribution) or will have to wait for his superannuation / retirement to get the pension fund amount.
Please advise in the matter.
Thanks & Regards,

Karunakar   13 June 2008 at 16:43


Dear All,

please provide the different exemptions of ESI. speccially about construction field workers.

m.v.prabhakar   13 June 2008 at 15:27

defective SANCTION ORDER and wrong Cognizance

FActs of the case
While prosecuting a public servant in the Criminal case initiated by CBI, Sanction order is required form the appointing authority of that person. CBI Spl. Court takes the cognizance based on the sanction Order.
After cognizance by the court in the year 2001, it was found that the material information given in the said sanction order is not correct and false.
Recalling of summon was initiated and by the time it came for hearing, by virtue of SC judgment in the case of Mr. Adalat Prasad, the court which had given cognizance can not recall the summon. Hence the petition was withdrawn.
Subsequently, discharge application was filed on the ground that
1. The sanction order issued is defective on the information.
2. Entire money mentioned in the sanction order as loss to the company was received by the company as final payment through another court well before the date of sanction order.
3. There by no loss to the company on the date of sanction order.
4. It was further mentioned that compounding is permitted and the decision of Deccan agro was cited.
5. The court also taken cognizance based on the defective sanction order.
6. Argument of charges was not taken place so far.
Due to long delay in the Spl. Court, petition u/s 482 was made in the Delhi HC. It was disposed as
“ It is submitted by the learned counsel for the petition that for the last nine years, he has been facing prosecution but so far even the arguments on charge have not been heard. The concerned court is directed to hear arguments on charge on the date fixed and to pass appropriate orders thereon”.
With these direction, the petition is disposed of.
1. Is my approach on the defective SANCTION ORDER is correct? Should I take any other precaution/Arguments?
2. What is the remedy available to me against the appointing authority concerned on the malefide/misleading sanction order on the basis of which the court had taken cognizance, which had ruined my career and peace of mind in the past 10 years.
3. Kindly provide me some SC or other HC court decisions on the DEFECTIVE SANCTION ORDER or on the related matters.
4. Sections involved are 120B,421,467,478 of IPC and 13(1)(d) of PCA

Legal_Query   13 June 2008 at 14:18

prevention of food adutration act


a case was filed in 2000 under PFA act, only seller was made accused and manufacturer of the product was not made party to the trial. now after 8 years the prosecution is considering to implead him as a party (still not made). can the manufacturer be impleaded as a party to the case after such long delay. what defense can he take and how delay will effect the trial.
thnks & regds

Mukul Aggarwal   13 June 2008 at 14:01

Environment Law

is consent to establish and environment clearance is necessary for constructing a Shopping Mall...when it is approved by DDA.. water and air clearance is also necessary or not.......

Mukul Aggarwal   13 June 2008 at 13:57

Copy right

Is IPRS indian performing right society is authorized to collect licence fee for playing music in Shopping Malls and what is santity of this...has govt. authorized them or they are collecting money on behalf of their members....what type of music can be played in shopping malls whithout paying licence fees

Sanjay Sharma   13 June 2008 at 11:27

Shipping Bill

We have filed the shipping bill in the Custom at the exchange rate applicable in the month of May-08, but now in the month of june-08 the exchange rate of customs has been changed.

My Question is -

1. Can we send the material on the shipping bill we had alredy filed with the customs. Is there any problem to sending the material in this way.

Pls explain ASAP. Its urgent

Sanjay sharma

Sanjay Sharma   13 June 2008 at 11:25

Is it a case of additional consideration in excise valuation

Central Sales Tax collected at the rate of 4 % but paid only 2 % and showing it (rest of the 2% ) in the books of accounts as "Other Receipts".

My Question is -
1. Is it a case of Additional consideration in terms of the Excise Valuation Rules ?

2. Is Excise duty payable on the amounts showing as "Other Receipts" in the books of accounts.
3. Can the DRI (Department of Revenue Intelligence) take the action for evasion of CST.

Pls explain/ clerify.

Sanjay Sharma

saravanan   13 June 2008 at 10:40

applying for conjugal rights

i and my wife are living separetly since last 9 months. we both are doctors by profession.[mbbs].she left me last sep due to lot of indifferences and misunderstanding.there is no means of communication from her till now.i tried talking with her over phone to reconsider things and a compramise.but it seems that she is not intersted and didn't give a prpoer reply. i can't get that in what idea she is now. her father and brother , lawyers by profeession, who seems to misguide her from giving me a reply. i wish to apply for a conjugal rights . please suggest me how to apply for it..

jhanvi   13 June 2008 at 10:39

CMS ATM Case happened in Vadodara

Dear Sir,
As far as my knowqledge says the investigation has been closed and chargesheet against has been released against them from both the police station (Panigate and Karellibaug). They had also applied for the bail on base of FIR in the local court which was rejected and then they also applied on base of the chargesheet which also got rejected. the sharebroker ansd his son who are involved in this case have also applied for the bail which recently got accepted.Now the two victims whoes bail got rejected from local court are trying to apply to the high court and are even thinking to fight the case against the company. Kindly guide us what can be done the current situation. should they apply for the bail as once it has already got rejected from the local court. or they should fight the case against the company? Will that case get resolve within six months of opening as that is what promised by our advocate. Kindly guide.