Ashutosh Choubey
30 May 2014 at 15:28
Dear Sir,
The party has raised debit note upon us as we could not issue C Forms under our CST purchase. The reason for non issue of C Forms is that our local sales tax department is unable to provide forms due to shortage of forms in department. The C Forms are now issued online and physical forms are discontinued. The C forms for which debit note has been raised relates to 2012-13 when there was system of issuing physical forms and now it is discontinued. However we have applied for the forms and the department officials have assured us that they will arrange physical C forms for old period and provide it to us as soon as it will be printed and made available for clearing old period requirements.
Kindly suggest the step that we should take in our defense as per law or any court / tribunal decision in such matters.
Ashutosh Choubey
01 March 2014 at 11:58
Dear Sir
Whether order given by a court in a case of Society / federation/ organisation is applicable and binding on the members of the society / federation/ organisation by which they are represented.
Pl give inputs.
Ashutosh Choubey
28 February 2014 at 12:45
Dear Sir,
The SC has upheld the Majithia Wage Board recommendations for Working Journalists and non-Journalists in its judgment dated 07 Feb 2014 and ordered the petitioner newspaper establishments to implement the revised wages w.e.f. April 2014 and to pay the arrears w.r.e.f. 11.11.2011 when the Central Government notified the recommendations.
Now I want to know from the experts as to what may be the penal consequences if a newspaper establishment does not comply the recommendations in view of the SC judgment and also what prosecution may be initiated against the establishment under the Working Journalists Act,1955 and the Contempt of Court Act,1971 by the Supreme Court for violating and non complying the Supreme Court order for implementing the Majithia Wage Board recommendations.
Ashutosh Choubey
13 February 2014 at 16:41
Dear Sirs,
The complainant had filed a case u/s 500 IPC for defamation. The accused had taken bail few years back but the case is pending as the complainant never press before the court. In January 2013 the complainant filed a withdrawal petition u/s 257 Cr.pc as the case is compoundable without permission of the court.The complainant also personally appeared before the court and filed the withdrawal petition. But the hon'ble court has not taken any decision so far for withdrawal and disposal of the case by acquittal of the accused. The matter is pending. Recently a prayer has been made by the accused without giving any reason that he does not want to press the withdrawal petition.
Kindly give your expert opinion as to whether it is allowed under sec 257 Cr.pc to continue the case case if the withdrawal petition is filed. Kindly also advice what steps we should take before the court in this matter.
Ashutosh Choubey
04 January 2014 at 17:56
Dear Sir
My query is that in a cheque bounce case whether the complainant can pursue the case further even if the accused has made the payment due against the bounced cheque after the long period of pendency of the case and litigation. Is the compromise is compulsory u/s 138 NI Act on payment of dues or the complainant can pray the court for conviction of the accused if he is found guilty u/s 138. According to the scheme of the section bouncing of cheque itself is a crime and the accused drawer makes himself liable for punishment as soon as his offence is proved.
Ashutosh Choubey
02 January 2014 at 13:58
Dear All
There is a damage suit running against the defendant (chief editor) for publishing a defamatory item in the newspaper. The written statement was filed by the defendant and later on the he came to know about a judgment of High Court in another case in which the hon'ble High Court ruled that the Chief Editor is not liable for any news item because he is not directly involved in the selection of news for publication rather the resident editor is liable under section 7 of PRB Act.
My point is that whether a petition quoting the said judgment be filed before the trial court for exonerating the defendant from the charges on the ground of misjoinder of necessary party. Presently the case is at the stage of cross examination and the witnesses of petitioner has been cross examined.
Kindly provide your valuable suggestion and relevant provision of CPC.
Ashutosh Choubey
21 December 2013 at 13:13
Please provide me the provision of CPC whereby a defendant can avoid personal appearance for adducing evidence in a Damage Suit. Can the application for appointment of pleader commissioner be moved before the civil court.
Kindly enlighten on the matter.
Rajeev Khanna
06 December 2011 at 19:32
A person execute two powers of attorney for executing sale deed for the same property in one in favour of Husband & other in favour of Wife and on the basis of POA executed in favour of wife, wife execute sale deed in favour of husband, can two power of attorneys be executed for same property and for same purpose in favour of two different persons and is it legally possible that a power of attorney holder execute sale deed in favour of other POA holder for the same property
Sourav Dutta
15 November 2010 at 19:21
how to recover money in case of check bounce? my problem is that bounce check is 26 months old and check bounced due to insufficient fund. the issuer of check not giving me money after several request I don't have other option than legal action. please suggest any idea.
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Gift of joint coparcener property
Dear Sir,
My grandfather had two brothers the youngest one died in very early age survived by his widow having no issue.My grandfather had three sons and his younger brother had one son. The entire landed property is ancestral and is still undivided even between the two grandfathers who are no more.Now the surviving coparceners are - my father and two uncles.The only son of my younger grandfather has died recently. The widow of my youngest grandfather is surviving.
The issue is that one of my uncle who is caring and maintaining the widow has claimed the division of the property in three shares and got the share of the widow transferred without consideration or gifted in his name (or may be in the name of his wife).It created the partition dispute among the existing coparceners of my two grandfathers as to whether:
1.The initial division of property will be in two parts or three parts.
2. How the widow is entitled for third share in the circumstances when her husband died very early without having any issue.
3. The third share can be transferred or gifted to only one coparcener when the entire landed property is undivided.
4. How the share can be identified when the property is held jointly and undivided.
5. How a deemed and unidentified portion of ancestral property can be transferred or gifted unilaterally in favour of one coparcener without getting the consent of others.
Please enlighten me about the legality of the above situation as per the family and succession laws in India and suggest accordingly.