Anonymous
20 January 2010 at 14:22
dear sir!
This is piyush chandan srivastav form Allahabad, U.P. currently working in MNC at lucknow as sr. marketing manager. i am really in big trouble and want Experts help urgently.
The real story is below:
i did marriage with priya singh d/o pradeep kumar singh living at allahabad, on 15-11-2009 at arya samaj mandir, lucknow and registered at registrar office U.P. india under hindu marriage act no 25 of 1955 rules, 1973 on 16-11-2009 at Lucknow. on 21-11-09 her father came to my home and convinced us that let her go to see her mother, who was in very critical situation. I and my parents permit him to let her go. After that he starts thrated my family and my wife. i also lodge complain at police station. When she came to police but I found as usual result. As well as complain at National commission for woman on 26/11/09 complain no C0503905. but On 12-12-2009 they did RE-MARRY of my wife by force. i also filed a HABEAS CORPUS WRIT PETITION : 65415 of 2009 [ALLAHABAD HIGH COURT]. But after many counters and re-joinder i feel tht i am going to loss my love and my wedding life too. After 3-12-09 i still did not hear her sweet voice. I love her lot and she is also. We know each other from past 2 years. And after we decided for marriage. We tried to convince our parents. But when they were not ready, we decide to leave our house and marry. Now my wife priya is really in under pressure of her parents and She always admitted that she loves me and married with me on her sweet and free well. But every time her parents told her that if she go with me he kill us and themselves too. Her father is a J.E. in P.W.D. Allahabad so every time try to use his money and man force to exploit our wedding life. I hope u understand our problem and specially my wife situation,and suggest me how we can solve our problam. i have wedding photographs, mobile vedio recording of seven steps again fire. as well as voice conversation as record of me n my wife, where she confesed that her grand father n g.mother was attampting suside. and if they kill them self her father will kill us. she also confesed that she also told another family where her father rearrange her remarry by force but thay also ready to accept her just because of more then 10 lace as a dowery. on 6-12-10 thay submitted a supplimentry counter on behalf of my wife.. where thay completly denied that we are married couple. now what can i do?
Anonymous
20 January 2010 at 13:20
my neighbour is having poultry feed unit. as a result of that we are facing problem of smell from last 20 years. He got permission from MPCB under Water Pollution Act(simlified concent)in 1993. can it be nullified on the ground that we are facing problem of air pollution and there is no water pollution at all....
Raja Rajeswari S
20 January 2010 at 13:19
Kindly clarify over the following:
FEMA regulations:
1.Investment in Partnership Firm / Proprietary Concern
A Non-Resident India17(NRI) or a Person of Indian Origin18 (PIO) resident outside India can invest by way of contribution to the capital of a firm or a proprietary concern in India on non-repatriation basis provided;
i. Amount is invested by inward remittance or out of NRE / FCNR(B) / NRO account maintained with Authorised Dealers / Authorised banks.
ii. The firm or proprietary concern is not engaged in any agricultural / plantation or real estate business (i.e. dealing in land and immovable property with a view to earning profit or earning income there from) or print media sector.
iii. Amount invested shall not be eligible for repatriation outside India.
2.Investments with repatriation benefits
NRIs / PIO may seek prior permission of Reserve Bank19 for investment in sole proprietorship concerns / partnership firms with repatriation benefits. The application will be decided in consultation with the Government of India.
3. Investment by non-residents other than NRIs / PIO
A person resident outside India other than NRIs / PIO may make an application and seek prior approval of Reserve Bank20, for making investment by way of contribution to the capital of a firm or a proprietorship concern or any association of persons in India. The application will be decided in consultation with the Government of India.
I) As per the above clause 2, what is the procedure( forms to filed) to get approval from the GOI to avail the repatriation benefits by NRI/POI? Can he repatriate the income earned over the investment without any GOVT approval?
II) As per the above clause 3, what is the procedure( forms to filed) to get approval from the GOI to enalbe a person outside India other than NRI/POI to invest in a partnership concern in India? Can this guy repatriate the invsetment and earnings without Govt's approval? If not, how to get permission for such repatriation?
kindly brief me the procedure to get approval for the above two cases .
regards
RAJA RAJESWARI S
s.v.goplani
20 January 2010 at 13:06
sir, Life insurance services & insurance auxiliary services relating to life insurance service tax is deducted by birla sun life from advisors (agents). Actually service provider is birla And Service receiver is client, whether the liability of payment of service tax lies with advisor ? why should be deducted from commission ? please clarify with remedies for recover deducted amount from commission. Thanks.
Anonymous
20 January 2010 at 12:57
A supplied a motor component of Rs.60/- each to B,wholly export unit in the lots of 200 pcs upto 31.3.03 with proper excise/sales tax bills and received payment by cheque.B stopped business with A on 31.3.03 and started buying the product from third party. All export was on LCs, payment received on presentation of documents on despatch, thereafter claiming refund of excise and sales tax input in export on furnishing all purchase invoices. In 2009, after 6 years, A comes to B with some parchies , not proper challans, bearing B company stamp and signature of some ex-employees claiming that he supplied 80000 pcs worth Rs. 50 lacs during 2003-2006 just on approval without raising any bills of 200 odd lots supplied during this period and also forgot to ask for payment or any communication.B feeling blackmailed refused claim and A on the basis of few such parchies managed to file FIR u/s 406. Session judge relying on these parchies and without appreciating business modus operandi declined bail and high court also calling it as white collar offence asked B to deposit of whole of 50 lacs claimed in the court to get bail. Now SLP pending. cOULD you please help with your considered opinion with case laws.
eshwar
20 January 2010 at 12:51
dear experts i have a peculiar case
case details.
1) one of the son asked for partition in the self occupied property of an father after break opening the lock of the floor for which the owner was receiving the rent.
2) the father has asked for the rent at the rate of rs 450 per month
3)the high court has passed an order for recovering the rent.
4) now the son who is using the property for his commercial purpose.
5) the civil court has passed an order to pay the son a sum of Rs 2000000 as an share in the self occupied property.
Questions
1) can we now recover the rent which is p reveling in market now or we can recover only the old rent of RS 450 P.M
2) can we deduct the rent form the amount payable to the son and pay his share in the
property
3) can we make an application to do so to the civil court
4) or we must put an another case
5)can we bring attachment to the deposited amount of money (share) by filing a new case in civil court
Anonymous
20 January 2010 at 11:54
Sir,
Can any one suggest me a reliable website where i can download (for free) corporate legal documents (templates/samples for drafting) like Software license agreements, technology agreements, license agreements, vendor agreements and other related agreements. Its urgent.
Thanks in advance.
Anonymous
20 January 2010 at 11:47
Dear sir
M y mother had been issued the letter of aministration for the property worth of one crore
the querry is
1, any asset if sold within three years are bound to have in come tax or mere title change is supposed to be Gift. if mu mother is thinking of distributing it to their childrens say 4 + to the two daughters of his brother what will be the procedure
2, if she pays tax like high capital tax gain or low capital tax gain and distributes to the children and brothers daughter whether the receiver has to pay further tax or will it be treated as gift
3, what is the maximum limit above which the gift tax has to be paid
regards
R_PVK
Suwarn Rajan
20 January 2010 at 11:40
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RE: Partnership Firm
Dear Sir,
Please guide me on following aspects with relevant case laws, if any:
Whether a Partnership firm can guarantee the debt of a Limited Liability Partnership Firm?
Infact the Partnership firm referred above hold a plot of land in the name of Partnership firm itself as Industrial Plot on Lease from District Industries Centre and intends to Sub-lease a part of such plot in the name of Limited Liability Partnership Firm with prior approval of District Industries Centre. The plot of land in question is to be taken in mortgage as collateral security from the Partnership firm in addition to mortgage of sub- lease rights by Limited Liability Partnership firm.
I feel the Partnership firm is constituted to carry on business of common interest amongst the Partners and to stood as Guarantor is not a business.
I shall be grateful if you enlight the matter together with statutory sections of statutes and Case Law/s thereon.
Thanks.
PRAMOD KUMAR