VAIBHAV JAIN
30 May 2009 at 11:17
hello friends,
i am appearing in LLB Vth Sem. exams. please help me and send notes of law of evidence i possible or suggest any book with easy language. i am not understanding the subject. please help me
Guest
28 May 2009 at 17:49
Dear Ld' Experts,
(1) What is ISO Certification?
(2) How it is obtained?
(3) Is there any statutory body to regulate this?
(4) The agencies to whom one should approach for this?
Thanks.
A.Mohamed Thaheer
28 May 2009 at 14:51
What will be the legal course of criminal action could be initiated against the official who furnished false particulars resulting to withholding of the retiral benefits for more than 5 years?
The details of the case is follows:
"A" retired on 30-09-2004.
On the date of retirement, there was one Disciplinary Proceeding was pending under Rule 9 (2) (b) of the CCS (Pension) Rules, 1972.
Hence, all his retiral benefits were withheld.
On 28-04-2006, the Disciplinary Proceeding
was dropped and eligible for all retiral benefits with effect from 29-04-2008.
After a period of 6 months from the date of exoneration from the charge, the Head of the Department had sent a proposal for the payment of only provisional pension, but not for other retiral benefits such as gratuity, commutation of pension etc., for which the retired officer is legally entitled.
In the pension proposal form, the Head of the Department had purposely and vindictively furnished FALSE PARTICULARS
as if there is some criminal proceeding pending against the retired officer, (i.e)
on 20-11-2006. (after the acquittal of the only one charge pending on the date of retirement.This false information has resulted in withholding of other retiral benefits till date.
This false particulars have been furnished in contravention of rule 9 (6) (2) of the CCS (Pension) Rules, 1972.
By proving the false particulars furnished by the Head of the Department to the Central Administrative Tribunal, Chennai,
the CAT directed to make the payment of the entire retiral benefits with interest, observing that the withholding of the retiral benefits is legally illegal.
But the High Court Chennai, quashed the CAT order without application of mind and without verifying the relevant documentary evidences submitted to the CAT and also without reading the entire judgment of the CAT who justified each and every point in detail after careful examination of all the relevant records in this case.
This is a very clear case of apparent error on the face of record and clear non application of mind and judgment is also PER INCURIUM.
The judgment of the High Court was given on 30-09-2008. Due to some valid reasons, no review application could be filed till date.
Now, the time has matured for making a review application for obvious reasons, which could be explained for condonation of delay for making review application?
Will the review application will be entertained at this stage or not, or it will be affected by the period of limitation for the delay of more than 6 months?
Please examine and give your expertise legal advice.
kalpesh
27 May 2009 at 17:04
Can anyone give me this case law
B.M.Malani vs CIt ITR 306.
alsi circular 530 dated 06.03.1989 read with circular 589 dated 16.01.1991.
it is in relation with interest waiver under section 220 of income tax act.
can anyone explain in a simpl way what this section and case conveys
Guest
27 May 2009 at 11:35
A person purchases a computer through a reputed vendor. The vendor arranges for system installation. After few months, the system informs that the version of operating system is a pirated one and to regularise it, the individual has to pay certain amount online. Due to this error message, the individual's sytem becomes slow and frequently he is being reminded to renew the software.
In such cases, what are the remedies available to the individual?
Can he sue the 'operating system manufacturer' for intruding into his privacy as well as disturbing his peaceful possession of the computer (!)
s.k.goyal
27 May 2009 at 08:53
my clint i.e.a company is trader and supplies materials to other state through transport, now transporter issue bill having service tax no. for transport charges with service tax i.e.11.33% of 25% of chg.
my clint pay the full amt. of bill including service tax to transporter .
please suggest weather my clint is required to get registered for service tax and pay tax directly or can pay to transpoter
thanking you
Kamlesh soni
27 May 2009 at 08:48
Sir I m law graduate from gujarat university. I m a member of bar council of gujarat and practice at mehsana district court. Now i want to settle in mumbai, Can I work there as an advocate?, please give me the idea,can practice as individual?
k.kumar raja
26 May 2009 at 20:54
hello kasrima,tnpsc means "tamilnadu pulic service commission"
GIRISH KUMAR, ADVOCATE
26 May 2009 at 13:06
Sir,
I want to know that
1.can a retired ASJ practicing as advocate in the district court?
2. can he write Ex Aditional Session Judge or Retired Aditional Session Judge after his name in visiting card and latter pad or in other places as an advocate?
Waiting for your reply.
Girish
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SIR, I'M AN INDIAN NATIONAL WORKING IN SAUDI ARABIA I GOT MARRIED TO A PHILIPPINO NATIONAL IN 2007, OUR WEDDING WAS HELD IN HYDERABAD INDIA, NOW I HAVE SON WHO HOLD A INDIAN PASPORT FROM INDIAN MISSION HERE IN SAUDIA ARABIA, EVERY TIME MY WIFE WANTS GO TO INDIA SHE HAS GIVEN ONLY 6 MONTHS SINGLE ENTRY VISA, NEXT YEAR I'M PLANING TO SEND MY WIFE AND CHILD TO INDIA SO THAT WE CAN ENROLL HIM IN THE SCHOOL FOR THAT MY WIFE HAS TO BE IN INDIA WITH HIM, I NEED TO FIND A WAY FOR THIS. HOW CAN I CLAIM INDIAN NATIONALITY FOR MY WIFE IN THIS CASE. THNAKS.