Anonymous
02 August 2010 at 10:53
Respected Sir,
I have received your replay regarding query of Interest on Security Deposit,thanks for the same.
If any Employee withdraw the Providend Fund contribution whether it is Taxable or not? If it is Taxable under which head it is to be shown and also under which section under the Income Tax Act.
Kindly advice for the same.
S. Srinivasa Prasad
02 August 2010 at 10:50
Dear Seniors,
(I am from HR Department) My issue is :
1. our's is an MNC. It entered into an agreement with Italy for supply of certain material.
2. Italy supplied sub standard material.
3. We addressed letter informing them about the quality of material.
4. Now Italy is going to sue our company for recovery of money.
My requirement :
A. whether the orders / judgements passed in Italy are enforceable in India.
B. Whether Italy and India are signatories to any Treaty. more particulatry about enforcement of orders / judgents passed in Italy to be enforced in India.
Please give me the details of any such Treaty or applicable source of informaton from where i can get the above details.
Thanks & regards,
Srinivasa Prasad.
Anonymous
02 August 2010 at 10:36
Sir,
Do the large limited company also comes within the ambit of RTI Act.
The question relates to the fact that the applicant has asked for information from a company registered under the companies Act 1956.It is a company engaged in the construction activities and not directly or indirectly owned or controlled by the government.
Regards,
Arunav Pankaj
Anonymous
02 August 2010 at 10:28
Dear All,
I would like to Know that if some properties were purchased in past say about 20 years back on the basis of agreement and no sale deed or registration has been done, then is it possible to register or make a sale deed now with the same jantri value of the past?
What would be the cost if it is to be registered at todays Jantri Value?
Can any one give todays rate that is been charged on the property?
What are the other way to safeguard the Title of the property for future transactions?
Please reply as soon as possible.
Thanks & Regards
Anonymous
02 August 2010 at 07:45
I am a married woman of 57 yrs age.My Father died intestate. I had a married brother who died leaving behind his wife and 2 minor children. I also have a married sister.Father left lot of property and Bank deposits, the details of the deposits are not traceable or the bankers wont divulge. There was no partition. How to get details of Bank deposits legally ?
Sumir
02 August 2010 at 01:44
There is a shop of xerox center in the campus of Grant Medical College, Sir JJ Group of Hospitals, Mumbai, I wanted to know whether its legal or not, so filed RTI, and in response got some paper- the fee receipt, letter from mantralaya - Secretary etc to give him place and allow to do business. Are these enough to call the shop legal or in other words what the requisite conditions that need to be fulfilled to call a shop legal?
Abdul Latheef
02 August 2010 at 01:16
Dear Sir/Madam,
My mother has entered into a sale agreement on 08.05.2010 on Rs. 20 Stamp Paper with an buyer. The validity of the sale agreement is three months period was agreed mutually by both of us. The extent area of the land 2.33 acres of agricultural land. The property is in Papanasam, Thanjavur District, Tamil Nadu , India.
The one third of the amount has been received as advance, on that 1/3rd amount 20% has been received as cheque and balance 80% as cash.
Now the buyer is playing his card to drag the period to settle the balance amount stating that our sale agreement has valid for 3years and can't cancel the same and seeking more time to settling the balance due amount.
Only remaining seven days left for settling the balance amount. What is to be done legally to recover the balance amount or make the agreement null and void. The possession of the property is with us. Kindly advice us at the earliest to do the needful, Please respond urgently as we have very less time also the agreement lapse date is 08.08.2010.
Regards,
Abdul Latheef.
09894248587
-----------------------------------------------------
Dear Sir/Madam,
Thanks for your valuable suggestions , Please advice me whether the legal notice from lawyer alone is sufficient else the bankers cheque / DD photo copy of the advance amount also mandatorily accompanied along with the legal notice.
Regards,
Abdul Latheef.
09894248587
pratik
02 August 2010 at 00:33
20. Protection in respect of conviction for offences
(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence
(2) No person shall be prosecuted and punished for the same offence more than once
(3) No person accused of any offence shall be compelled to be a witness against himself
21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law
22. Protection against arrest and detention in certain cases
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate
(3) Nothing in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention
(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:
(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order
(6) Nothing in clause ( 5 ) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose
(7) Parliament may by law prescribe
(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub clause (a) of clause ( 4 );
(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry under sub clause (a) of clause ( 4 ) Right against Exploitation.
2) Preamble of the constitution is the basis of the constitution. It cannot be altered. It is applicable to all. But articles may be restricted and confic=ned to Indian citizens only. But poreamble which cannot be altererd is applicable to all the humans.
3) The Fundamental Rights are enshrined in Part III of the Constitution, and their implementation is guaranteed by the Supreme Court. In other words, Fundamental ' Rights are justiceable. Indeed, some of the Fundamental Rights, it might be noted, are applicable only to the citizens of the country and not to foreigners. Article 20, Article - 21 and Article 22 are, however, applicable to all. At the same time, it should also be ' borne in mind that what is applicable is the 'restriction' on the Right.
Query : Point No 2 & 3 where it has been stated that as per which section case laws. Preamble of the constitution is the basis of the constitution. It cannot be altered. It is applicable to all. But articles may be restricted and confic=ned to Indian citizens only. But poreamble which cannot be altererd is applicable to all the humans. & Article 20, Article - 21 and Article 22 are, however, applicable to all ( All Also includes a citizen of foreign country resides in India or to a foreigner who have come hear for the visit for any purposes.)
Thanks In advance.
pratik
02 August 2010 at 00:15
VIEW OF DELHI HIGH COURT:
The impugned Order dated 07 – 07 – 2010 has been passed by the Hon’ble Delhi High Court relying upon a coordinate bench decision of the High Court in ‘Smt. Savita Bhanot Vs. Lt. Col. V.D. Bhanot’,Crl. M.C. No. 3959 of 2009 (22-03-2010) whereby the Delhi High Court has held the Act to be retrospective in operation.
Query : I have heard that impugned Order means the order which is passed by the lower court is in process of challenging in the supreior court. So as per the above case the order is in process or the judgment has been decalred.
(In short while we write The impugned Order dated what is the exact meaning of it with the example(S)(S))
Thanks In advance.
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Banking Laws
Respected Experts
I am enjoying cash credit faclity of Rs. 1 lakh for my partnership firm with business turnover of Rs. 20 lakhs involved in retail trade. Recently my bank asked for audited financial statements of my firm stating that now as per RBI circular any customer whose turnover is more than Rs. 10lakh and is avialing any advances from bank needs to get accounts audited.
Where as per Income tax act My firm is not required for audit as turnover is juts Rs. 20 lakhs? Can anyone confirm the has RBI issued circular to thath effect?
Regards
Divyesh