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Kalpesh   17 September 2008 at 14:37

withholding tax

Could you please let me know on your view applicability of withholding tax on following transaction:
Payment of guarantee issuance charges by branch in India to HO in France .
Payment of fees for arrangement for ECB by branch in India to HO in France
Whether this payment could be considered as FTS and tax @ 10% should be withheld as per India France tax treaty.

bm   17 September 2008 at 12:24

fringe Benefit Tax

pls help me

Surcharge is complusory for the fbt even though the compnay is not exceeding the gross income 1crore

thanks

N.K.Assumi   17 September 2008 at 11:21

Section 13 (2) (ii) Hindu Law is Unconstitutional:

Article 14 and 15(1) speak about equality of sexes, but under section 13 (2 ) (ii) of the Hindu Law says that the wife may present divorce petition if the husband commits Rape,Sodomy or Bestality: This provisions is a clear violations of the Constitution and should be struck down as unconstitutional. Rape, Sodomy or Bestality are committed by women in the form of Lesbianism and other horrific sexual acts can be committed by women also, so why should the law target only men?

N.K.Assumi   17 September 2008 at 11:12

Hindu law Conflicts with 1850 Act.

India is a secular State as we all know. If so,that section 13 and 13A of the Hindu marriage act of 1955, is a direct conflicts with Caste Disabilities Removal Act of 1850. As the 1850 is not confined to propriety rights alone but all other personal or non propriety rights including conjugal rights also. therefore disruption of the matrimonial rights of any spouse on the ground of religion only is unreasonable.
Moreover,if the converted spouse is committed to the matrimonial obligations despite conversion is it a ground for divorce? If so, its a bad law.

N.K.Assumi   17 September 2008 at 08:29

Time to havea fresh look at Section 13A.

Section 13A of the Hindu marriage act 1955 says that the Court in its discretion will grant judicial separation instead of divorce, if the other spouse convert to other religion.This is tyranny and anomalous, and confusing. what if a Hindu convert to other religion that is a clear case of divorce so what is the needs to grant judicial separation?

susanth nair s   17 September 2008 at 06:28

dishonour of cheque

when the reason for the dishonour of cheque is 'accountclosed' whether sec.138 of n.i act will be attracted? plz provide the latest judgement

Murli Manohar Prasad   16 September 2008 at 21:28

Prevention of corruption Act,1947

What is the corresponding section in Prevntion of Corruption Act,1988 of Section 5(2) of the Prevention of Corruption Act,1947 ?

rajendra   16 September 2008 at 19:33

PARTITION - RIGHT OF MARRIED DAUGHTER

I WOMAN GOT MARRIE IN THE YEAR 1991 & GOT DIVORCE IN 1991.

AGAIN SHE MARRIED IN THE YEAR 2004

CAN SEE ASK PARTITION IN HER PARENTS PROPERTY?

PARENTS ARE ALIVE?

HOW MUCH SHE WILL GET?

ritu   16 September 2008 at 17:55

medical negligence

This is regarding my father in law Mr Hansraj Singh, he was admitted in Bhakti Vedanta hosp in Mira Road, Thane,suffering from mild fever with thrombocytopenia on 8 th sep, Till 9th sep evening he was alright, all his vital parameters were proper, suddenly at night, he was ventilated and the doctors told us later that it was due to severe dyspnoea and hypotension, anyways the doctor concerned that is Dr Vivek Dubey was not able to diagnose his situation inspite of all testys being done . On 10 sep he told us that tha pt is suffering from Hepatitis E, the prognosis is not poor, Then too the pt is Critical, There are certain other things also like the intensivist at night were not taking proper care like once the iv fluids were over they were not knowing about it, we told rthem, Ete. When asked Dr vivek that inspite of the treatment why is the pts health dtereriorating he told us due to age, ie 64 yrs. on 13 th sep the doctor told us that he was trying to remove the ventilator but the pt is going in bronchospasm due to laryngeal oedema(laryngeal oedema was due to mismanagement of ventilator)He told us that he wanted tracheostomy to be done. An ENT specialisisdt came in the afternoon and went in the ICU, he called us and explained us the procedure and asked for consent, We asked him whether he checked the patient he replied that the patient is on ventilator so I did not check but we can go with the procedure.

I want to know what action can we take against the doctor.Please help me in this case
Sincerely
Dr Ritu

ARVIND JAIN   16 September 2008 at 13:36

rape with consent with a married women

If in a rape case with a married woman, it is proved that it was with her consent, can the accused be held guilty of adultery U/S 497 IPC ? suo-moto by court or on the complaint of husband ?