dhiraj choudhary
20 November 2009 at 16:55
i hav 2 file a petition before c.a.t. against d order of termination of my client as 'mazdoor" from m.e.s.,who was on probation upto aug 2006 but thereafter no formal order of extension of his probation period was passed by d authorities.the services of my client was terminated on d ground that he has obtained a false character certificate from police regarding his conduct coz. a criminal case was pending against him at that n he didnt mention it n was terminated with out issuance of showcause notice or charge sheet n no regular inquiry was conducted n in d name of inquiry statement of my client was recoreded.now d question is that wheteher my is entitled 2 the protection of art.311(2) i.e opporunity of being heard coz my client was on probation n no formal order of his confirmation was issued n can d so called aforementioned inquiry tak d place of regular inquiry if not then suggestions alongwith latest case law if any.with thanks in advance
dhiraj choudahry
adv.
skg
20 November 2009 at 16:35
Dear tax experts
please clarify in detail with examples about contractor manufacturing now covered as work and impact of TDS on it.
rgds
pratik
20 November 2009 at 16:27
what is the qualification required for getting the degree know as commissioner of income tax, assitant commissioner of income tax or any higher post.please help me with the process step by step & if any notice available please forward it to me.
I will be grateful to the all experts.
my emaid id vyas_pratikca@yahoo.com
to email the notes of the abovementioned course.
Anonymous
20 November 2009 at 16:19
Even though there is no outstanding dues to be recovered and no disciplinary proceedings is pending or contemplated against the retiree about 50% of Retirement Gratuity has been kept withheld by the Sanctioning
Authority for one year.Is it legal? What is the effect of Ex-Parte order obtained by a private unknown person for recovery of money alleged to be paid to the retiree as loan without any permission of the Employer?
pratik
20 November 2009 at 15:41
63. Criminal liability for misstatements in prospectus
(1) Where a prospectus issued after the commencement of this Act includes any untrue statement, every person who authorised the issue of the prospectus shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to 1[fifty thousand rupees], or with both, unless he proves either that the statement was immaterial or that he had reasonable ground to believe, and did up to the time of the issue of the prospectus believe, that the statement was true.
(2) A person shall not be deemed for the purposes of this section to have authorised the issue of a prospectus by reason only of his having given--
(a) the consent required by section 58 to the inclusion therein of a statement purporting to be made by him as an expert, or
(b) the consent required by 2[***] sub-section (3) of section 60.
Rule 8 (c) of the Compaines (Disqualification of Directors Under Section 274(1)(g)of the Comapines Act, 1956)Rules, 2003.
1.) As Per Rule 8 (c) of the Compaines (Disqualification of Directors Under Section 274(1)(g)of the Comapines Act, 1956)Rules, 2003. The Central Goverment shall take such Steps as may be required to update its web-site to ensure taht name of the person, in whose Disqualification period has experied after 5 years is deleted from the web-site.
It Means that the Disqualification director name should remain in the web-site of the central goverment or MCA or minimum 5 years.
2.) Adjourments Send to ITO OR Any higher Authority above the ITO or the adjourment send to the court to taken the adjourment can be sign by the employee , managing director, director or any unqualified person of the company , firm, properitor concern, aop, boi, co-operative society.
3.)how many Adjourments can be made To the ITO or Any higher Authority OR to the court .
Above Mentioned Queries As Per Which Section, Act, Rule, Order.
As per The Companies act, 1956 Extraordinary General Meeting
1) In Case of approval of any document or documents has to be done by the members of the meeting, the notice must also state that the document would be available for inspection at the registered office of the co during the specified date & time.
So in case of co don’t display the document or documents which was approved than what is the penalty provision or any prosecution. As per which section or in which section it has been mentioned the penalty cause. Please help it out.
As per The Companies act, 1956
The Court on application, may order the holding of a creditor’s meeting. But if the court reject the application than what can we move any competent court or any other kind of provision under the Companies Act, 1956 can court reject the application if yes than on what ground the court can reject and how to rectify the grounds on which the court has reject the application. Please do the needful. Also as per which section the court can reject or act.
Ashish Joshi
20 November 2009 at 15:31
If there are two partners in partnership. both are from Mumbai and they wish to start retail shop at banglore. then from where stamp paper for partnership Deed is to be taken. and what is the place for jurisdiction.
Anonymous
20 November 2009 at 15:23
THIS REFERES THE JURIDICTION OVER THE CASE U/S 138 ( BOUNCING/DISHONOUR OF CHQ) . THE CASE WAS FILED ON THE OFFICE ADDRESS WHICH IS IN ONE DISTRICT . AND THE RESIDENCE AND BANK FROM WHICH THE CHQ IS DISHONOUR IS ON THE OTEHR DISTRICT. THE OTHER PARTY IS APPLIED FOR TRANSFER OF CASE .
pLESE LET US KNOW THE BRIEF DETAILS ABOUT JURIDICTION OVER THE CASE AND CASE LAWS IN THIS MATTER
malashree
20 November 2009 at 15:09
In a service matter case which belongs to a para-military organization one official holding the rank of Insp/PA Gd.II(Group 'B' Non-Gazetted) prematurely transferred to a lower post of ASI/Steno Gd.III. The organization is reluctant to consider his request for posting to a post which the official holds. Please guide what would be the appropriate course of action and related judgements if any exists given by the High Courts or Supreme Court of India.
malashree
20 November 2009 at 15:00
My father died during Dec.,1990 leaving behind a house consisting of three floors in Delhi. My mother getting family pension as well as her own pension as they were in govt. job. Since the death of my father my mother is collecting rental income of ground floor. There are three legal share holders of the above property. Besides myself, one unmarried sister and widow mother are the three legal heirs of the property. I have two minor children and my husband took VRS and doing her own business. My mother has been always assuring me that my rental share would be given to me. Recently I came to know that my mother alongwith her aged unmarried daughter has secretly bought a society flat jointly and my mother relinquished her share to my younger sister. Now they clearly told me that they would not give me anything. My sister is unemployed and the main source of income by which they have bought the flat was from the rental income of my father's property. Please advise me the ground/points on which I can file the claim of share from the appropriate court of law.
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Serivice Tax Libilities on CHA for GTA service
Dear Sir,
We are paying Transportation Charges on behalf of our customer. Transporator rasing bills on CHA name and CHA rasing bills to customer after charging service tax on GTA service.
Now some of our clients told that Custom House Agents are not liabile to pay service tax on behalf of their customer. if CHA pay than they are not eligable for CENVAT CREDIT on GTA.
Now what procedure we can follow that we can raise Debit note without service tax to Customer for amount paid to Transporter on behalf of Customer
Thanks & Regards
Kamal