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sougamya.s   16 February 2009 at 22:47

carrer planning

Sir,
I am Sougamya pursuing BALLB final year.I will be completing am final yr in april. I want u to guide me whether shall go for LLM in national Lw schools or LPO job?some of my professors,senior advocates are suggesting me to join LPO training & some are suggesting LLM..Am totally in confusion ..how to get settle in my life,which one is the better path...kindly suggest me a way to get a better life...
Thanking you,
Sougamya.S

Ravi Arora   16 February 2009 at 22:26

Citation on Source of Light

Dear Friends
I need one Citation.
Offence of robbery and murder: - Circumstantial evidence, offence committed on 21st of January in a foggy and dark night. F.I.R. and Statements of witnesses do not state the source of light; there is no evidence to show that streetlights were burning and it is also not shown in NAKSHA NAZARI,
But later witness improves in the court that streetlights were burning and some more lights were burning
I need a good citation on this point because what I ve is not very good

venkat reddy   16 February 2009 at 22:19

Accident Claims

a person had met with accident he had claimed treatment charges from the ESI(employment state insurence)he had the coverage of this because he is paying contributionfor this.He had partially disabled by this accident could he claim compensation or file an OP againt from whom he received injury.

could any body would help out.

Ravi Arora   16 February 2009 at 18:35

citation on source of light

Dear Friends
I need one Citation.
Offence of robbery and murder: - Circumstantial evidence, offence committed on 21st of January in a foggy and dark night. F.I.R. and Statements of witnesses do not state the source of light; there is no evidence to show that streetlights were burning and it is also not shown in NAKSHA NAZARI,
But later witness improves in the court that streetlights were burning and some more lights were burning
I need a good citation on this point because what I ve is not very good

Chandan Garg   16 February 2009 at 17:47

fraud commited by forign party

We ordered some material worth one crore from a party in USA and opened a LC (Letter of Credit) in Bank at Delhi.

The party doesn't sent the material but sent Forged documents and got the LC retired from bank.

The bank didn't check whether the conditions of LC are fulfilled or not as two of the conditions were not checked by bank.

Now please tell how can we recover the money
and what action we can take against the bank.

Legal Eagle   16 February 2009 at 17:29

Superannuation

Hi. In case an employee is contributing towards the superannuation and in case he resignes after 6 years of service, is he liable to get the superannuation / the money which he has contributed towards the superannuation or the said amount is kept with the Company. Is there any specific Act which can be referred to? Please advice.

neelam desai   16 February 2009 at 13:58

exercise of Control by a bodycorporate

Has "Control" been defined in any of the prevalent Indian Laws/ statues/ regulations?

Request memebrs to share their views

Regards

amit   16 February 2009 at 13:28

Transfer of proprietorship of a firm

dear sir,
X is proprietor in his firm, but now he become a lawyer .X wants to transfer his firm to his uncle(X mother is not interested & X father is govt.servant)X wants to become legal advisor in that firm. X wants that bank transaction & other matters of firm should be in X's hand too. any matter or dicision of firm cannot be done without concent/signature of X
my question is how can it possible for X to do this. so that nobody can take wrong benifit

DR.P.L.NAWALKHA   16 February 2009 at 12:34

PARTNERSHIP ACT

I RENTED MY PREMISES TO A PARTNERSHIP FIRM.FOR EVICTION OF PREMISES,A CIVIL SUIT WAS FILED ,CONTESTED AND LOST BY ME. ONE OF THE PARTNER WAS CONTESTING THE SUIT ON BEHALF OF ALL PARTNERS OF FIRM. I APPEALED IN HIGHCOURT .MEANWHILE WE HAD NEGOTIATIONS.OUT OF FIVE PARTNERS,FOUR PARTNERS WERE SIGNATUREE TO COMPROMISE AND I TOOK POSSESSION OF MY PREMISES.THE FIFTH PARTNER A SLEEPING PARTNER CHALLENGED THE COMPROMISE IN 2002. SOON AFTER COMPROMISE THE FIRM WAS ?DISSOLVED/NON FUNCTIONING. OTHER PARTNERS STARTED WORKING WITH NEW FIRM AND FIFTH SLEEPING PARTNERS WAS OUT.SHE CHALLENGED MAKING ME AND OTHER FOUR PARTNERS AS RESPONDENT.I WAS GIVEN AN UNDERSTANDING THAT MY COMPROMISE IS VALID.SINCE SHE (FIFTHPARTNER)CHALLENGED,IT RAISED DOUBTS.WHAT IS THE EXPLICIT POSTION IN PARTNERSHIP ACT WITH LATEST RULINGS ALLOWING ONE OR DEFACTO MANAGING PARNER PERMITTED TO GIVE POSSESSION OF RENTED PROPERTY TO LANDLORD.

PRAGYA ROHATGI   16 February 2009 at 12:09

Implecations of Sec 72A(4) of Income tax act demerger

Sir ,

Section 72A(4) of Income tax Act 1961 defines as under :

Not withstanding any thing contained in any other provisions of this Act , in case of a demerger , the accumulated loss and the allowance for unabsorbed depreciation of demerged company shall

A) where such loss or unabsorbed depreciation is directly relatable to the undertaking transfered to the resulting company ,be allowed to be carried forward and set off in hands of the resulting company

B) where such loss or unabsorbed depreciation is not directly relateable to the undertaking transfered to the resulting company be apportioned between the demerged company and the resulting in the same proportion in which the assets of the undertaking have been retained by the demerged company and transfered to the resulting company and be allowed to be carried forward and set off in the hands of the demerged company or resulting company as the case may be .



A company plans to move application for demerge of business under above section . As the section in it self is silent regarding continuation of demerged business.

A) Whether the resulting company has to carry the demerged business in next years to avail tax benefits .

B) If yes to what extent the income shall of demerged business constitute the total income

In case any one can refer any decided case laws on above subject.

With regards

Sandeep