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Rajagopal.D   13 September 2011 at 07:08

Statutory power of a charitable organisation

Palliyoda Seva Sangham, an association of Snake boats, which is registered under the charitable societies registration act in Kerala prohibited one of its members- a section of people in an area- to participate in a ritual conected with a temple in Kerala.
Please inform whether this association has the power to prohibit from anobody from his right to worship. If the right has been violated what will be the remedy and what will be the chance of getting damage. What will be our next strategy.

Anonymous   12 September 2011 at 16:56

Cancellation of adoption deed

hello sir.dis is preet.i was adopted by my aunty means my father's sister in 2002.she lives in america.after adopting me,she went back to america.so thats why my passport was made with her name instead by my natural parents.bt now its been 9 years nd she doesnt look back at me.and since 9 years i am living with ma natural parents.so we filed a petition in court to cancell the adoption deed nd so did the court.i hav court's order to cancell the adoption deed.and now i got married in 2010.so i want that ma passport should be renamed with ma natural parents and my husband's name.but the problem is that people from passport do not agree with cancelation of adoption deed.they are saying that adoption deed can never b cancelled.so sir plz help me by telling that wat should i do?in which circumstances adoption deed cannot be canceled?plz help me......

Anonymous   12 September 2011 at 06:46

Vat leviable on "erection,supervision and maintenance'

WE are machinery manufacturers. We are billing machinery and paying VAT/CST on machinery billing. We are also doing the service under 'Erection,Supervision/Installation, Maintenance or repair services' of the above machinery. For this service we are registered under 'Central Excise Department (Service Tax) under Service provider of 'C&I, Maintence or Repair service'.

We are billing separately and collecting tax and paying to service tax dept.

Can VAT is chargeable on 'Erection Supervision, Maintenance,repair service' apart from 'Service Tax'

We are under 'Andhra Pradesh Value Added Tax'

The AP commercial taxes are proposing the tax on 'Erection Supervision, Maint.Repair Service.

Can any body advise/help me is this correct. Can we pay the VAT on Service Bills. with related case laws

Anonymous   11 September 2011 at 19:13

Meaning of state under part iii of constitution

Dear Experts,

What I should be looking for in an organization to ascertain if it is State within the meaning of Part III of Constitution? If an organization is receiving some grants or funds from the government, does it make the organization a State? If the government is holding some shares of a company listed in the stock exchange, does it make the company a State?

Anonymous   11 September 2011 at 00:27

Withdrawal of writ petition


My query is extended part of this query

http://www.lawyersclubindia.com/experts/details.asp?mod_id=89726

When an advocate informs the justice/court that I want to withdraw the Writ petition either orally or through a written application

the court will issue appropriate order that on the request of advocate for this reason..... the Writ is withdrawn

Now my query is will court come out with WRITTEN order or it will be just comment on case file


further more the consent of petitioner is necessary for withdrawal YES / NO

Can also enlighten me when an petitioner has not given consent on Withdrawal What is the procedure then

Digvijay   10 September 2011 at 18:33

Gram panchayat

Whether the Gram Panchayat falls within the definition of THE STATE ? Pls let me informed about the related provisions.

Manjeet kumar sahu   07 September 2011 at 09:27

Recall of the supreme court order

Whether the centre can ask the Supreme court to recall its order, as what happening in Black Money case.

Member (Account Deleted)   06 September 2011 at 17:27

Regimental funds held by the military units

I have a simple query:
There are two types of Funds maintained by a Regular Military Unit a) Public Funds b) Regimental Funds. Regimental Funds comprise all funds other than public funds namely i)individual subscription from each and every serving personnel of the armed forces ordinarily known as Regimental Cuttings in the tune of Rs 0.007 % of the basic of the serving personnel per month while on active duty.
ii) Astronomical amount of CSD canteen profits.
ii) Profits earned from commercial ventures run by combatants on govt accomodations.
iii) Profits/contractual fees( called rebates) received from various commercial shops using govt accommodations duly outsourced .
iv) Huge profits earned from farming of defence lands.
v) From Hotticulture. Fish-cultures etc etc.
vi) From running of schools , colleges etc etc
vii) From national , notional and international donations received to celebrate Army Day , AF Day , Navy Day, Corps Day , Regiment Raising Day etc etc.
As per the existing Rules and Regulations for the Defense Services each officer is responsible for all public and Regimental Funds entrusted to him.
Now tell me whether Regimental Funds maintained by a regular military unit is exempted from RTI Act 2005 or not?

Anonymous   06 September 2011 at 14:50

Types of reservation

Dear sir! what is the difference between horizontal reservation and vertical reservation?

Anonymous   06 September 2011 at 14:42

Carry forward vacancy of seat for physical handicapped candidate

Dear sir! As per Disabilities Act 1995, if a vacancy can not be filled up due to non-availability of a suitable person with disabilities or for any other sufficient reason, such vacancy shall be carried forward to the succeeding recruitment year. But as required in a competitive examination, PWD Candidates are also required to pass the written part and appear in the Viva-Voce. There is no relaxation on this aspect for them also. The only thing is their merit list will be separate and their competition will be amongst themselves.

Now in the instant case, PWD Candidates applied and appeared in the examination but could not qualify in the written part. So the PSC has decided to carry forward the vacancy on the plea that no suitable PWD Candidate was available/qualified.

Now, Is it not that when PWD Candidates applied and appeared, the objective of the act of giving equal opportunity, protection of right and giving chance of full participation to them was given and such candidates were available ? Not qualifying in the written part is their own fault. I think in the instant case, objective of the act is already complied and now if the vacancy is carried forward, it would amount to giving extra favour to them and doing injustice to others. Of course, if there were no applicant or for some reasons they could not sit in the examination, giving some more opportunity as envisaged in the act will be justified. But present case is not of this sort.

Now my point is - can this vacancy (only one) be filled up by others from the general merit list? Is there any case law on this?