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anil kumar agarwal   23 December 2009 at 17:31

who is liable

a deemed university running under societies act is guilty of awarding degree without approval of ugc.who will be prosucuted for this act.

prakash vathore   23 December 2009 at 16:57

138

can process be issued against the company in 138 matter.

sanjeev   23 December 2009 at 16:43

Can a person use certified copy of original paper

Dear Sir/madam,
I am not satisfied with the previous answer given by the experts on this query so I am giving you all summary of my case history and wants to ask you about the usage of Certified copy of the said stamp paper after judgement:- My grandfather & His brother bought 12 beeghas land in rajasthan (1/2:1/2 share in 1960) and died after purchasing, my grandfather's brother through out from the village to my grandmother & my father. In year 2000 my father asked for our 1/2 share of land to my grandfather's brother but he played game with my father and told to take the share in the land(4 beeghas) purchased alone by him in the village. My father is one of my grandfather and my grandfather's brother has 2 son. He made an agreement (on a Rs.100 Stamp paper) with my father that all land should be in the ratio of 1/3:1/3:1/3 means 2/3 of his sons and 1/3 of my father, with this we paid them Rs. 80,000/-. But in the last year the seller of the 4 beeghas village land, got acquired his land back as the land was not registered in my grandfather's brother name. Then my father asked to my grandfather's sons(as he died) to give our 1/2 share in the old land and Rs.80,000 back. But they suit the case against us in the civil court to claim the 1/3:1/3:1/3 share in the land and denying to pay the Rs. 80,000. After 6 month convincing them they ready to take back the case and we dropped the case in the court. We taken the original Stamp paper and the judgement order in our hand. But the confusion is still in my mind that can they use the certified copy of the stamp paper for suit against us for the same purpose that is to claim 1/3:1/3:1/3 again in future. If yes then there is no meaning of dropping the case, as they have got a toy in their hand. We are not in a position to catch their shirt because our Rs. 80,000 still in their hand. they are not willing to pay back, because the villagers are with them. Please suggest me on above case history. Sanjeev Kumar

Member (Account Deleted)   23 December 2009 at 16:33

Corporate Laws - Mention of date in Share Certificate

ABC Private Limited was incorporated on 03.08.09.

Equity Subscription amount was collected from one subscriber on 05.10.09 and another subscriber on 11.11.09.

Now, what date should I mention in the Share Certificate to be issued for the subscribers to MOA.

I shall await experts' views with relevant rules / provisions.

(I need to have clarity, as I have been refused to put the date of incorporation in the SC for subscribers to MOA).

Anonymous   23 December 2009 at 15:00

PLACE OF ARBITRATION AND APPLICABLE LAW

WHENEVER U DRAFT ANY AGREEMENT , WE COME ACROSS PROBLEMS LIKE PARTIES BELONGING TO FOREIGN COUNTERIES TEND TO KEEP THE APPLICABLE LAW AS APPLICABLE IN THEIR COUNTRY OR KEEP THE PLACE OF ARBITRATION IN THEIR COUNTRY . HOW TO COUNTER THIS. ALSO,WHILE DRAFTING NDA/CA THEY GENERALLY KEEP DAMAGES OR EQUITABLE RELIEF INCLUDING MONETARY RELIEF. HOW SHOULD WE COUNTER THIS.


REGARS
RAVI ARORA

Anonymous   23 December 2009 at 15:00

false complain of molestation for extortion

if a lady who has some business dealings with you and yr relations land in a dispute for petty matters and she approaches the police station bribes the police who make her write a false complain of molestation on the main business partner, what remedy can we take for immediate relief rather than go for contest and anticipatory bail. remember police is supporting her for god know what.

pls advice.

n v sudhakar   23 December 2009 at 14:59

central excise

I raised the following query:






Ours is a service industry and registered under Service tax. As a part of providing service we use packing material. To save the packing material cost, we bought one corrugation manufacturing machine and making cartons ourselves by purchasing craft paper. While billing to our customers we do not charge anything separately for packing. Our service charges are inclusive of packing material cost. Hence we did not approach Central Excise department for any registration.






Now there is an objection from Central Excise department stating that it comes under manufacturing and we are supposed to comply with central excise formalities.






Please advice on the above.






Regards




N V Sudhakar






For the above query I got the following expert opinion from Mr S Karunamoorthy:






Yes, it amounts to manufacturing.. cos ur converting an input material into another output having seperate merchandise. u have to register with central excise authority and has to pay off the duty thereon but the same could be collected from the customers as cost of goods.








With due respects I would like to know the following:






1. Duty to be paid on what value when we do not raise our invoice towards packing cost.






2. The total value of packing material we consume for providing our services is approx Rs. 30 lakhs per annum. Can this turnover be covered under exemption limits.






Regards






N V Sudhakar

SHYAMSUNDAR   23 December 2009 at 13:44

Have a look at Trial Theater.com its 2 gud site

All u need to do is to give ur name and email id for receiving free mails giving great tips on tial, cross examination and as to raising objections.
So get ready for success...........

Alok Vishnoi   23 December 2009 at 12:52

Gratuity payment

Can any employer stop the payment of gratuity after retirement for compensation of a fault made by the employer if the employee is never suspended/terminated for that?

Anonymous   23 December 2009 at 12:28

child custody issues

My wife is seperated from me for the past year and a half alleging harrassment by me and my parents(father is deceased since and mother is a confirmed epileptic for 40 years), have recently applied for restituition of conjugal rights after legal aid redressal failed as respondent did not appear after due notice.In the meanwhile my brother in law/wife have taken my son to a pshyciarist for evaluation and allege that my son has declared that he does not want to see me.Based on this alleaged declaration, I am not allowed to see my son(last seen my son on 22/11/2008).
Q. Will the courts allow an impartial evaluation to confirm if the child is brainwashed?If found true what action can be taken aganist the guilty party(any precedents)?
Q.Is this action by my brother in law/wife punishable under the penal code?(1.Subjecting the child to an evaluation-leading to brain washing of the child(aleination of affection)
2.Brother in law/wife taking the role of judge and executioner without recourse to law and not allowing me(natural father) access to the child)

Any help to prepare strategically to get child custody would be welcome.