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seshachala   28 March 2009 at 12:45

applicable of esic to the trasport provider

SIR PLEASE TELL US ABOUT APPLCABLITY OF EMPLOYEE STATE INSURANCE ACT (ESIC ACT) TO THE TRASPORT PROVIDER OF THE FOLLOWING POINTS

1. THE COMPANY IS COVERED UNDER ESIC AND HAVING AGREEMENT WITH THE TRANSPORT PROVIDER FOR THE COMMUTATION OF ITS EMPLOYEES

2. THE TRANSPORT PROVIDER IS ALSO COVERED UNDER THE ESIC.

3. THE TRANSPOST PROVIDER HAS SUBCONTRACTED (HEIRED) SINGLE VEHICLE OWNER FROM PUBLIC FOR THE ABOVE PURPOSE.

4. THE COMPANY IS PAYING FOR THE ABOVE SERVICE ON KILOMETER BASIS INCLUDING SERVICE TAX AND AFTER TDS DEDUCTIONS

5. THE TRASPORT PROVIDER IS PAYING ABOVE Rs.10000/- ON AN AVERAGE TO SINGLE VEHICLE OWNERS AND CONTENDING THAT ESIC IS NOT APPLICABLE ON THOSE PEOPLE

PLEASE CLARIFY THE ABOVE MATTER

Chetan   28 March 2009 at 07:55

Negotiable Instrument Act

In a case before me-- I am on Accused side

The complainant file 3 different complaints u/s 138, whereas the transac tion is same , but only the accused give him 3 cheques.

The case at Evidence stage (Cross of Complainant)

Whether the cross of one case is to be taken in another 2 cases ? pls provide with provisions

vinod bansal   27 March 2009 at 21:29

Video CD exhibited in evidence

Dear All
In a crl complaint i had exhibited a CD in the preliminary evidence of complainant who recorded this,now case is fixed for arguments/consideration on summoning (whether accused may be summoned or not it has to be decided now by the cour)how i can draw the attention of the court towards the contents of the CD i.e. how can i can play/show CD before court at this stage.plz help

sarfaraz   27 March 2009 at 15:14

About EPF of one state and its implement on other states

Good evening sir,,
i am the proprietor of a firm induldged in taking Ministry Of Defence Contracts(Annual) all over India.I am having 3 Nos. office in three different states..1.ORISSA(Balasore city)
2.ANDHRA PRADESH(Vishakapatnam).3.MAHARASHTRA(Pune city)..Now sir I am registered initially under EPF in the state of Orissa..Now sir I have got a contract in Vishakapatnam,a state different from Orissa state..Now my Q's is:-
1.Will my single registration of EPF in Orissa can be useful for my Local Employees working in Visakhapatnam???

2. Do I have to register again and again of EPF in every state wherever I take up new contract in the same company name????

3. As a single Firm, cant I employ every my employee though they are working in different states under a single EPF registration in Orissa??As this can save lots of my money in getting registered in every states wherever I take up new work..

Please reply me Sir immediately as its on a very urgent basis..
Thanking You.
M/s. Archana Enterprises
Prop :- Mr.Sarfaraz Ahmed.
Call :- 09371580781

Adv. Mohan Chandra   27 March 2009 at 14:53

Complainant regularly absent for proceeding u/s 138

The complainant is a multinational bank and I am an accused in the case u/s 138, 142 and compensation u/s 357(3). The said case will be shortly completing 4 years. The complainant representative are regularly absent during the proceedings and have been severly reprimanded by various Magistrates on many occassions but on two earlier occassions when the Magistrate were about to dismiss the case they were transfered as per routine.

During the last four hearings the complainant was absent again on the second last hearing the complainant was penalised 1000 and given a last warning and on the last hearing as the complainant witness was absent again for cross examination the cross examination has been closed by the Magistrate.

Now I would like to seek your guidance on how to proceed further.

Should I submit an application for dissmissal of the case, if so what is the procedure. In the last cross the complainant has first denied demanding blank cheques, but later agreed that blank cheques without amount and date were accepted at the time of opening the account.

Kindly note that I am pursuing this matter on my own for the last one year.

Thanking you in anticipation.

Comments Added on 28/12/2009

Sir,

Thank you for your guidance.

Magistrate has already closed the cross examination and informed the complainants advocate that the "matter would proceed further for necessary action" on next date. In view of this what is the nature of necessary action I can expect.

While in the Affidavit the complainaint has mentioned that the accused made the payment in settlement of Rs.xyz on 25/05/05 subsequently in the last cross examination the complainant witness has accepted that blank cheques were accepted prior to opening the account in June 2002 and has since failed to appear for further cross examination.

Under the above circumstances now I cannot proceed further to prove that I had no liabilities at the time of issuing the cheque infact even later.

I would very much appreciate if you will kindly guide.

Kumar Gaurav   27 March 2009 at 12:47

TDS on Interest awarded by Consumer Court

Please provide the judgement.

Bipin   26 March 2009 at 17:15

Transfer in Co-operative Society

Mr A & Mr B is real brother possessing flat in joint name. they both have not filed nomination in society. Mr A expired without "WILL" and has only wife and adult married daughter as legal heir. now Wife want to become joint member in place of her husband what document they have to prepare for them and for registered society for transfer the same.

Bipin   26 March 2009 at 17:07

Transfer in Co-operative Society

Mr A & Mr B is real brother possessing flat in joint name. now Mr A want to gift his entire share in flat to Mr B (or viseversa) what document they have to prepare for them and for registered society for transfer the same.

JANAK GANDHI   26 March 2009 at 17:00

THE NEGOTIABLE INST. ACT

THE LAWYER AT IST AND 2ND STAGE DIDNOT EXHIBIT THE IMPORTANT DOCUMENTS OF ACCUSED RESULTING IN FINE AND 1 MONTH IMPRISOMENT AND A REVISION IS FILED WITH HIGH COURT.THE DOCUMENTS ARE IN THE CASE FILE AND ALSO REFERRED IN THE STATEMENT OF ACCUSED.NOW SURROUDING EVIDENCES AFTER THE ORDER ALSO PROVES BONAFIDE OF ACCUSED WRONGLY IMPLICATED.CAN U ALL HELP ME IN PROVIDING SOME CITATIONS CLAIMIMG THE REMAND OR COSIDERING THE DOCUMENTS IN THE HIGH COURT.BRIEF FACTS IF REQUIRED CAN BE SENT THRU MAIL.

Mahesh   26 March 2009 at 13:20

Stamp duty

Dear Ld. friends,

In the case payment of stamp duty, while registering immovable property, though the consideration value was low, the stamp duty as per guideline rate was paid. Now the Collector has issued notice claiming stmap duty at the market rate. Can the Collector issue notice claiming stamp duty at market rate when stamp duty at guideline/circle rate was paid. Can anyone help with any judgment on thsi point. Thanks in advance.