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jagadish paranjape   10 May 2016 at 12:47

Mode of taking evidence

The mode of taking evidence by way of the Affidavit was introduced in the civil procedure code. The main idea behind the amendment was to save the time of the court and help speedy disposal of cases. However in practice it is seen that in spite of this provision there is no speedy disposal of the cases.
Is it not possible to take entire evidence of the party by filing evidence Affidavits by all the witnesses. This will complete the examination in chief of the witnesses on a single day. They can be cross-examined on another day. Thus there would be considerable reduction in time taken by the litigation.
Similarly provision to cross examine the witnesses through commission is also introduced but no one seems to take advantage of the provision. If this is done the courts would be required to concentrate on judgement alone and not spend time in examining and cross-examining witnesses. This will also reduce the requirement of additional judges to match with the workload.

vinod kumar   10 May 2016 at 12:15

DDA FLAT

Sir, I am residing at 2 nd floor. Top floor owner had submitted affidavit for not doing the encroachment or illegal construction. Now he has done encroachment and has removed my water tank from top roof while DDA has provided space for water tank of all the flat owner of the building. Sir , please tell me where we make complaint against him.

Pradip Bajaj   10 May 2016 at 11:58

N i act, 1881

Dear Sir,
Let me discuss and get your views/ contributions about the procedure for filling a case under section 138 of NI ACT.

1] Amount given as financial help/ loan/gift/ wager contract.

2] With/ without specific writing to this effect.

3] Cheque issued by the Accused returns unpaid with remmark "insufficient funds".

4] Notice by the Counsel of the Complainant issued within 30 days giving 15 days time to repay the amount.

5]Payment not received. Case filed within 30 days after 15 days (Cause of action).

6]Complainant examined, process issued, accused present and go on bail.

7]Cross of Complainant by the Accused's Counsel{u/s 145(2)

8]Date fixed for statement defence of the Accused.

9] submission of witness/ evidence/ exhibit by the Accused.

10]Cross of the Accused and his witnesses
by the Counsel of the Complainant.

11] Auguments

12] Judgment.

13] Appeal by either party.

Expert comments from either side..... prosecusuin as well as defence

shrikant   10 May 2016 at 10:57

Absconding employee

Respected Learned Members
In MSEDCL a public limited company,one Assistant Engineer abscond from the duties without any intimation to the employer in year 2011.The employer ie MSEDCL is fails to take any action against the absconding employee such as Show cause notice,Dismissal,Issuing Charge sheet,Termination etc.The absconding employee is still is on payroll of Employer only Status- payment Stop.Now the absconding employee appears in year 2016 ie after 5 years and claim employment.the question is whether absconding employee is entitle for employment,what about back wages? Thanks in advance. The urgent reply will be Highly appritiate

CA Anurag Vishwakarma   10 May 2016 at 10:55

Excise returns er4, er5, er6 and er7 are not required to be filed

The Central Excise Returns ER4, ER5, ER6 and ER7 are not required to be filed w.e.f 1st April 2016 (refer notification No.8/2016 CE(NT) dtd 1.3.2016 & 13/2016-CE(NT) dtd 1.3.2016 ). Assessees can continue to file these returns in ACES for the past period.

A new Annual Return, is prescribed under Rule 12 (2) (a) of Central Excise Rules, 2002 read with Rule 9A of Cenvat Credit Rules, 2004. The new format will be notified by the Board. The same has to be filed by 30th November 2016.

Whats the meaning of this line - Assessees can continue to file these returns in ACES for the past period.

adv.bharat @ PUNE   10 May 2016 at 10:49

Conversion of pvt. ltd in to llp

Sir Plz guide how can I convert private limited company in to LLP?
What is the process for its conversion?
Please give details procedure for it?
Time & money require for it?
Early reply is appreciated.
Thanks In adance.

sahil   10 May 2016 at 10:43

Leave & license agreement

Dear Sir,

I am posting this query on behalf of my husband. My husband has vacated a rented accommodation in saki naka on 28the feb due to our wedding in march. However the owner failed to return him the deposit of Rs 1 lac until middle of april. we have been consistently pursuing him to pay our deposit of Rs. 1 lac, however after a lot of pursuasion, he has returned us only 75 k and that too in middle of april. Moreover when we asked his wife to give us a valid justification of deducting 25 k from our deposit,his wife said he will ask his husband to call back and explain. The owner has not returned calls till now and does not pick up our calls as well. Request you to please guide us in this case as we are unable to get back our hard earned money back from the owner.Thank you so much.

prakash   10 May 2016 at 10:11

Flat purchase

Sir,
I want to purchase a flat from a lady in pune. However, the agreement of the flat with the builder for a under construction flat was done by the husband and soon after that he expired. In the agreement copy name of the husband is there.Now for the transfer of property wife submitted the legal heirship certificate from court (75,000/- Bond) to the society. Then the builder issued the possession letter in the name of the wife. But now she (Wife) wants to sell out the flat on the basis of that legal heirship certificate. The lady has a minor son of nearly 14yrs old. The consent of minor son is necessary or not to sell out the flat.

shakti   10 May 2016 at 07:29

beaten by g.f. brother

My g.f. have elder brother.and he hit me on legs with a sticks...he hits 4 5 stick on my leg........and crowd gatherd there....what legal procedure for fir....

Sabita   10 May 2016 at 00:45

Complainant untraceable

If a complainant on behalf of company is untraceable what happens to the case