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Anbu   24 March 2010 at 11:03

accident

A car driver crushed by the own negligent and rush driving involved a accident in government lorry. a car driver died on the spot and another vehicle owner died. the injured car passenger lodged the complaint in car driver's negligent.
1. who can claim the deceased driver's wife filling the petition in mcop or dcl?

Chetan   24 March 2010 at 09:19

Exhibiting the Docuents

I had filed the document which i had obtained under RTI Act from RBI in my name (I contested the 138 case from accused side)

but it is not exhibited that document is very important which shows that the said bank have no licence of banking business.

my query what will be the effect of non-exhibiting it

and how to exhibit it

pls explain and provide any case laws which shows that non-exbiting have evidentiary effects

S Radhakrishnan   24 March 2010 at 00:03

Prime and collateral security

When a Bank has financed housing loan and the house is also taken as collateral security for the business loan, can the bank arrange to dispose off the house property for recovery of its business loan without exhausting its remedey against the prime security in the business loan. Please also advice about the details of the relevant judgment.

meenakshi chauhan   23 March 2010 at 23:18

penalty imposed by HC on respondent,ignoring court's mistake

there is a writ pending in delhi HC.

we are the respondents in that writ.

we were given last chance on last date to file the counter,
we did that on time. but i think my lawyer's clerk didnot get that
attested and filed that. after filling objections were checked two
times and every time no objection were raised by regarding authority.
my lawyer also inspected the file and found our counter filed in the
court file also. but today in the court judge said that your counter is
not attested to which my counsel told that no objection was raised by the
registrar then how could we know that there is some problem, and even
the counter is attached in court's file also, but even then judge
imposed that penalty on us. strange thing was that DDA filed its
counter just 3 days back even then they were not penalized, on last
date we and DDA both were given last chance to file the counter that
too in the month of january. we did that, and the counters copy was in
the court file also and with DDA counsel also.

but due to court's authority negligence counter was not given to petitioner also.

what do you think can at this point of matter we should be penalized,
as the registrar didnt raised any objection while filing, we are having
the date of filing also..

my lawyer was saying that we will be moving an application regarding
that, coz we have filed the counter, and that was too accepted by the
registrar without raising any objection..

what would you suggest about that?? what can be done now??

thank you

Chetan   23 March 2010 at 22:13

Power of Attorney

How to file suit through Power of Attorney

pls provide format

Paras Kariya   23 March 2010 at 22:05

Construction of Road works [Service Tax matter]

Dear friends,

(1) Pls. give me guidance about, if anybody receive summons under the provisions of Section 14 of the Central Excise Act, 1944 made applicable to service tax matter by virtue of section 83 of the Finance Act, 1994 what we do.

(2) Second is that vide circular No. 110/04/2009-ST, dated 23.02.09,declare by the compenant authority that commercial or industrial construction service [Section 65(105)(zzq) specifically excludeds construction of roads. In this, there is no specific exemption under this service for maintenance or repair of roads, etc. Reading the defination of these two taxables services in tandem leads to the conclusion that while construction of road is not a taxable services, attracting service tax.

In this regards the technical literature on the subject indicate that the activitiy can be categorized as follow:-

(A) Maintanance or reparis activities:
I. Resurfacing
II. Renovation
III. Strengthening
IV. Relaying
V Filling of potholes

(B) Construction Activities:
I. laying of a new road
II. widening of narrowed road to broader road (Such as conversion of a two lane road to a four lane road)
III. Chaning road surface (graveled road to metalled road/mettaled road to blacktopped/blacktopped to concrete etc.)

In this regards, which exempted vide notification dated 27.07.09.

My question regarding second, is that if the contractor is Government contractor and they works only government department like N. H., Panchayat, Road & Buillding, etc. then they will applicable in this category because in my knowledge every government work for the people are exempted from the Service Tax. If I am wrong then pls. give me right direction in this regards.

Thanks

With regards

Paras H. Kariya
Law Student
Junagadh

Paras Kariya   23 March 2010 at 22:03

Construction of Bldg. work [Service Tax matter]

Dear freinds,

(1) Pls give me guidance regarding the construction of bldg. for the government, semi-government, nagarpalika, etc like residential quarters, office building, etc. are taxable or not.

(2) If there is registered with GETCO (GEB - electricity company under Government) contractor and construction of control room, office building, etc. and they have not any service tax no. and they not to claim any service tax againg the executed work. In those works, they have the tender clause, the service tax is paid by the contractor and after submission of proof of paid service tax reimbursement from the department.

But if they didnot paid to service tax department because they thoughts that that liabilities is to the department they didnot paid and claim from the department.

Pls. give the proper guidence in this regards

Thanks

With regards

Paras H. Kariya
Law student
Junagadh


Parthasarathi Loganathan   23 March 2010 at 20:01

Software Licences

QUESTION POSTED BY MR.G.N.MURALIDHAR IN THE NEWS TODAY

Hello learned friends,


I am the legal manager of a software firm. As part of our IT solutions, , we buy/obtain license/sub license soft ware and customise/implement the same to our clients.


In a recent instance, the entity from whom we buy the software has charged Service Tax over and above the applicable CST. They might give online support in future if the need arises.


My question/doubt is whether they are entailed to charge Service Tax as per-se they have not done any customisation on the soft ware being bought from them?

Anonymous   23 March 2010 at 19:25

FEMA

an indian origin having NRE A/c in India citizenship of UK want to Donate a sum of Rs. 50 lacks to a public registered Trust for construction of mosque - is attract FEMA or not please answer with reasons

Anonymous   23 March 2010 at 18:33

Non - Issuance of Passport

Whether non - issuance of passport without any valid reason amounts to deficiency in sevices, as its issuance being the statutory duty and would fall under consumer protection or it is an Sovereign act of the state ?