Anonymous
18 November 2009 at 15:13
Can you brief me about Specific relief Act, what it deals with?
Member (Account Deleted)
18 November 2009 at 15:11
First Sec.138 of NI Act notice issued against Mr. B. Thereafter, Mr. B called for settlement and asked to wait for 15 days.
Now, Mr. B denied for settlement, S. 138 notice period passed by 40 day...
Can second time notice U/sec. 138 of NI Act is permissible or what would be a remedy for this?
Prince George
18 November 2009 at 14:54
Dear All,
Can any one tell me what are the law relating to stamp duty on any service agreement entered in mumbai.To be very precise stamp duty on brand promotion agreement that my company enters in to with its customers.Also whether any stamp duty is required to be paid on "Non disclosure agreements"
Regards
Prince
sundararajan
18 November 2009 at 14:42
It is a case happened in our apartment in one of to the neighbour.
He has taken around 12 lakhs of personal loan by giving forged documents.Recently he has availed a loan on her wife name in HDFC bank with forged documents.His wife is actually not working.HDFC bank found it forged and FIR has been filed on both husband and wife.The bank has seized the original certificates , passport and pan cards of the husband.In couple of days the couple were absconded.
The bank seized the entire things of his house where his/her parents are staying.The bank sold all things and settled against theid outstandings.
My queries are :
Is the bank has right seize the Passport and Pancards ?
Can the bank freeze the passport in the court?
What are the legal implications to the husband and wife in this case.
Does the bank has right to seize the household things?
Krishnamurthy
18 November 2009 at 14:30
In November 2000, a Partition (Family settlement) deed was registered at Chennai for a house,the value of which was mentioned as Rs. 1,04,00,000 (Rupees one crore and four lakhs).
It has been mentioned in the deed that the above house had to go to the son and his widowed mother and 4 sisters were given each Rs 2 lakhs in cash, (totalling Rs 10 lakhs put together for these 5 persons)from the common family fund.
But actually the said consideration amount of of Rs 10 lakhs was not paid to them.
Because of the confidence and trust these 5 persons had on the son,they had signed in the document
Kindly advise whether,
1)these 5 persons can go to the court telling the truth of being not paid the consideration amount for cancelling the registered deed? If so, what is the procedure to cancel the document?
2)whether it could be legally possible to pay in cash Rs 10 lakhs?
3)there could not be accountability for the source of Rs 10 lakhs?
MAYUR SHRIDHAR KADAM
18 November 2009 at 14:18
HI,
I am law student & my college gave me one case called State v/s Nitishkumar for moot court, so i am going to act as lawyer of Nitishkumar who is defendend/ respondend in this case, the fact of case & question which i have in my mind for the defence of nitishkumar is attach herewith
please provide me some guidline or solve my question so that i can prosecute case easily
pratik
18 November 2009 at 13:53
1) Meaning of unless the contrary appears from the context.
2) Example: 1) If Under any law it has been said that the penalty or interest should be waived but as per the other act it is said that the penalty or interest should not waived.
If Under the income tax act, 1961 if it is said that the late filing interest should be waived because the proper explanation has been given by the assessee that what was the reason that he was not able to file the return on time but as per the act which are there in India as an example IPC (Indian Penal Code) or any act say that the interest should not be waived than what to do ? Should we go with the income tax act OR other act in which it is said that the interest should not be waived.
3) If the State say that the particular tax should be collected but the constitution of India say that no amendments should be made without the approve of the president or whoever may be the higher authority to give the assent but than also the any state has amend the particular tax criteria than what to do ?
4) As Per Section 19 of the Indian Penal Code Words Are “if not appealed against” the definition of judge included the following bold words than if we appeal for any subordinate court to any higher court or for any higher court to supreme court than the judge how were there while giving there decision is said to be the judge as per the IPC.
Example: If the Judge of the high court give the decision in the favour of assessee against the revenue that the revenue File the case in supreme court than the judgment give by the high court judge is not valid because as per the IPC Section 19 the Bold Words mention Above Denote that he is not the judge.
5) what do u mean by judicial proceeding as per the law, section, rule, order, act. Define
Also the list of the judicial proceeding.
6) As Per Section 194 of the IPC what do u mean by capital offence please help me with the examples with the section 194 in detail please.
Please forward the above query with suitable section OR Any act.
Please help Please help Please help Please help .
Soma
18 November 2009 at 13:41
Client issued a cheque at Kolkata, against loan taken in Kolkata, Cheque dishonoured at Kolkata, Client received demand notice at Kolkata.
138 N I Act case filed at Delhi, court issued warrant. The case admitted on the ground taht the demand notice was send from delhi.
Other Party claimed taht Supreme Court judgment allows such place of suing where from notice has been sent.
Seniors Please advice...any idea of such judgment?
Aarohan
18 November 2009 at 13:29
Hi,I loved a girl and broke up with her an year ago,now she filed a case against me saying i cheated her, and she has a tendency towards suicide, and i fear that this case might turn out to be a disaster for me as she can attempt suicide anytime, she has photos of us as an evidence and also few sms's, Im not ready to get married to her as this is a matter of my whole life. Please throw some light on how serious the court might take it incase if she attempts suicide.
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DTA Sales entitlement for EOU .
Respected Sir/Madam,
I am working as a Company Secretary of 100% EOU ,I have a Query regarding DTA entitlement.
1. Sale to EPCG License holder is treated as Deemed Export. Can we Add this deemed export in Export while calculating DTA entitlement which is 50% of FOB of Export.
2.If EOU have "NIL" DTA Entitlement can it sale to EPCG Licence holder as same will be treated as deemed export and will not be treated as DTA sale.
3. If sale to EPCG holder is ultimatly for Export promotion then how can it eat Entitlement itself .
I have this doubt due to ambiguous and vegue statement in FTP in para 6.8,6.9
I have one case[2006 (194) E.L.T.344 (Tribunal) ] in which Tribunal decided that EPCG sale should be treated as a Export for computing DTA Entitlement. Can a dec. taken by tribunal is sufficient to prove my side.kindly help its urgent .