Petition

What is a leave petition filed by a company. When and why does a company file it.

EFFECT OF AMENDMENT IN 125 Cr.P.C.

Sir my client was odered to pay Rs 300/- pm to wife, at the time when the maximum maintenance amount was up to Rs 500/-(before the new amendment in Cr.P.C.). Now the new amendment has come in to effect, having maintenance limit up to Rs 5000/- In Uttarakhand. My client's wife has applied to court for enhancement for Rs 2000/-.

Sir I am of the opinion that, because maintenance awarded earlier was according to old provision which may be maximum Rs 500/-. New amendment should not be applied here, having no specific clause in amendment Act.

Am I wrong or right ? please suggest. Sir if I am right please suggest the law or citation if any, that I may satisfy to court.

EPS/FPF MEMBERSHIP

RESPECTED SIR,
MY QUESTION IS THAT, IS IT MANDATORY/COMPELSORY FOR AN EMPLOYEE WHO IS GETTING MORE THAN RS6500/PM FOR BECOMING MEMBER OF FPF/EPS IF WE MAKE HIM MEMBER OF EPF OF EXEMPTED ESTABLISHMENT . IF THERE IS ANY RULING REGARDING EXCLUDED EMPLOYEES FOR NOT MAKING MEMBER OF EPS WHEREAS HE BECOMES THE MEMBER OF EPF.
KIND REGARDS

PSS Act 2007

Dear All

I would like to know abt the PSS Act, 2007 & Negotiable Instruments Act 1881. My colleague has received a summon from Metropolitan court under PSS Act due to ecs failure. Please advice on the proceedings on the above act and how can it affect him.

1. Is it similar to each other?
2. How is it related to each other?
3. What are the consequence of the PSS act?
4. What would be the pointers of discussion on the above acts.

Regards

PSS Act

Dear Sir/Madam,

My colleague has received a summon from Metropolitan court under PSS Act due to ecs failure. Please advice on the proceedings on the above act and how can it affect him.

Thanks

Application u/s 9 of Arbitration Act

Dear All,

One bank based in Kanpur issued a Bank Guarantee (BG) in our name on behalf of our Sub Contractor (say Z) against perforamance of the contract between our company and the sub contractor. As per contract the Jurisdiction place is at New Delhi.

A dispute arisen between the parties in between and we were eligible to invoke the BG as per contract. Z immdtly moved an application u/s 9 of A&C Act before ADJ court, Kanpur against the issuing bank and impleaded us as a party to restrain both the respondents from releasing and invoking the BG and accordingly got interim injuction as prayed for before 4-5 months back. But the ADJ court is not taking-up the matter properly and adjourning the matter from one date to next date since then.

Now what way we should adopt to get the BG invoked.

1. Should we challenge the matter in High Court strictly on jurisdiction ground? or;

2. Should we pray for directions from High Court to ADJ court to dispose off the matter within a time frame issued by High Court?

PSS Act

Dear Sir/Madam

I would like to know abt the PSS Act, 2007 & Negotiable Instruments Act 1881.

1. Is it similar to each other?
2. How is it related to each other?
3. What are the consequence of the PSS act?
4. What would be the pointers of discussion on the above acts.

Regards
SZ

VAT

THE APPLICANT IS A TYRE DEALER AND DEALS WITH APOLLO TYRE COMPANY WHO IS A MANUFACTURER.THE APOLLO COMPANY CHARGES ALL TYRES BILLED TO APPLICANT @12.5% AND THE APPLICANT SHOWS FULL PURCHASE IN PURCHASE ACCOUNT.THE APOLLO COMPANY GIVES CREDIT NOTES i.e TURNOVER DISCOUNT,TARGET DISCOUNT,PROMPT PAYMENT DISCOUNT e.t.c. THE APPLICANT WHILE PREPARING TRADING ACCOUNT DEDUCT CREDIT NOTES FROM PURCHASE TO DRAW GROSS PROFIT.HERE IT IS TO MENTIONED THAT THE GROSS PROFIT DRIVEN BY APPLICANT IS ONLY DUE TO CREDIT NOTES AS THERE IS NO OTHER INCOME IN TRADING ACCOUNT.NOW TO DISCUSS MORE DEEPLY IF APPLICANT PURCHASE A TYRE FROM COMPANY OF RS. 100,COMPANY GIVES CREDIT NOTES OF RS 5 PER TYRE,THE APPLICANT SOLD THAT TYRE AT THE RATE OF 95 OR 96 i.e DUE TO COMPETITION THE APPLICANT PROFIT WHICH APOLLO COMPANY GIVES HIM PASSES TO CUSTOMER.
AT THE TIME OF ASSESMENT OF CASE THE STO ORDERED TO ADD VAT @12.5% TO THE TOTAL VALUE OF CREDIT NOTES.
SINCE THE APPLICANT PAID VAT @12.5% ON TOTAL PURCHASE IN MY OPINION IT IS WRONG TO ADD VAT ON CREDITNOTE, BECAUSE THE APPLICANT HAD PAID VAT @12.5% ON REALISED SALE.
PLEASE HELP ME.
KINDLY LOOK-

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6694 OF 2008
(Arising out of SLP (C) No. 21538 of 2006)

AND

VAT on Goods Returned and Discount - Bombay Salestax, VAT, Servicetax, GST ArticlesBombay
Salestax, VAT, Servicetax, GST Articles
VAT on Goods Returned and Discount
VAT on Goods Returned and Discount

-N.T.Nirale, MA, MCom, LL.B. Advocate
Retd. Member-Judge, Maharastra Sales Tax Tribunal. Mumbai
CAN IT HELP ME.PLEASE HELP

Lease deed of goodwill

Contract Act

An owner (A) of the flat puts an ad on paper tht he intends to sell his flat on ownership on 'as is where is' basis. d intrested person(B) goes to meet the owner and aftr prelimnary discussion A refuses to sell the flat without any reason though B is willing to but the flat.Plaintiff (B) contends in his suit tht A has given a public offer so A is bound to transfer the said flat to him but the owner (A) contends tht the ad is not a offer.
Can advertisement on a newspaper b termed as an offer??