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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Bhup Kulkarni   28 August 2014 at 16:28

Income tax

Dear Sir,

I would like to know about that under income tax act is there any provision for Loan interest and principle amount (under 80 C)for open plot and not house can claim for exemption?

Regards,

Rahul

Sundram N   28 August 2014 at 16:08

Bail granted in 498a by high court and laid down condition

Dear Sir(s),

High court gave order of provisional bail mentioning in the order that husband is raedy to keep wife and case is transferred to mediation cell. other condition made to pay per month some money which is now paying from my side. i denied to take back of such wife in mediation cell because of her attitude to arrange antisocial person on me and implicated even my old age parent in false case .
i said that till declaring innocent of all accused in the case by the court, i can not think in this time about taking back. on such statement mediation is failed. of wife. Hearing in the high court is to be held as early.

sir, advice what will hapen in the high court and what precaution is to be taken from side.

ABHISHEK KUMAR   28 August 2014 at 15:17

Loan related..

Dear expert,
If a co. takes a loan of Rs 10 crores, there are 11 directors..can each of the directors pay the emi equally or else pvt ltd co have to pay.. ?

Pls suggest..

Pradyot   28 August 2014 at 15:05

Complaint to supreme court

I want to send a complaint to chief justice Supreme court of India
What is the address?and what is the mode of sending complaint?
complaint send by register a/d to Registrar SC Delhi are returned back

SB   28 August 2014 at 14:56

Mother property registering to son

Hi Sir,

We are 3 brothers. My mother has a house registered on her name which is a self earned property. Now she want to register this property to my elder brother where my younger brother is not agreeing to sign. Myself, my mother and father are ready to sign the papers. But still my elder brother is very much concerned about my younger brother signature on the papers. Please clarify me, Is my younger approval is really required to proceed for registration? Can my younger brother proceed legally on this in future.

Thanks.

SAM   28 August 2014 at 14:56

Re: wife filed suit for domestic violence and now want to patch up and reside with husband in native

Dear Ld. Experts,

My Bhabi have filed D.V. Case in Thane court. Mediation failed. Now the case status is at "Evidence Stage". She has already got interim order from the court for residence rights in father in laws flat.

Judge asked my brother whether he is ready and willing to keep his wife back, wherein (my brother do not want to keep her but as usual in D.V. Case) my brother informed court that he is ready to keep his wife and informed court that he wants to relocate permanently to his native place in Nagpur and asked the Judge to inform her when he can remove train ticket to Nagpur. (My Bhabi do not want to go to native place as she has completed her LAW and wants to practice and earn in Mumbai as her career and job will be at stake, she just uttered that word in the court that she is ready and willing to reside in the native place with my brother in the court just for name sake)

The Court informed both the parties to remain present on the next date (as both the parties advocate were not present before the court).

My Brother's advocate has already filed his reply to the Applicant D.V. Complaint filed in the court and he will not give any further affidavit/declaration/undertaking before the court that he will take her to his native place and keep her with him.

Would request Ld. Experts to give their inputs as to how my brother should proceed further in D.V. case.

I am 100% sure that my Bhabi Advocate will ask for Affidavit/Undertaking in the court from my brother which he will neither give or produce in the court.

Could all the Ld. Advocates give me inputs what will happen or what steps should my elder brother should take in the court apart from that he is willing to take his wife back and go to his native place.

Regards,

SAM

Himanshu Goyal   28 August 2014 at 14:48

Practicality of surname change

My name is Himanshu Goyal. I want to change my surname from Goyal to Kayal. This will NOT result in change of cast religion. It seems there is no proper law or procedure for name change in india. If it is then please tell me the law where it is written? Are there any practical difficulties in this? or does the procedure vary from state to state? I belong to Rajasthan.

Member (Account Deleted)   28 August 2014 at 14:24

Contract labour

Dear Sir,

I am working for a private limited unlisted company. Our Company has employed contract labor. Now one of the contract employee is leaving the organization within 30 days of joining date. Now as a Principal Employer does the company under obligation to pay the PF for the contract employee. Whether the Contract Employee can withdraw the PF amount.

Request you to kindly let me now whether the principal employer is under obligation to pay the PF for the contract employee who is leaving the services with 30 days of joining?

usha   28 August 2014 at 14:02

Resignation and notice period buyout

Hi Everyone,

I am working for a indian IT company. But currently I am in US with my spouse and kid on 3 months Leave without pay. Due to some personal reasons I had to resign my job because HR is not ready to extend my LOA for few more months. Because I am not in a position to leave US i.e. going back to INDIA to serve the notice period of 3 months, I opted to buy out my notice period. To make a buy out my employer is asking me to pay 3 months gross salary which is coming around 2.5 lakhs which is very high amount. It includes Basic pay (~35000)+HRA(17350)+ Special Allowance(26000)/month.

My employer is not having policies clearly defined. No policy document is clearly saying about the buying out notice period. Also when my employer's HR team prepared FnF Statement. If I ask why do I need to pay 3 months gross pay, they are asking me to refer the point from my offer letter. And no where it is specified as Gross salary. As per industry standard most of the companies asking to pay the basic salary to buy out the notice period.

In my offer letter point under Notice period says as follows.

""Notice Period: On confirmation your appointment with the Company will be subject to termination with 3 months notice or payment in lieu thereof. Should you desire to resign from the Company you shall provide the Company with a prior written notice of similar period of such resignation or payment in lieu thereof. However, in case any disciplinary proceedings are either contemplated or pending against you, the Company shall have the right not to accept your resignation. If you desire to resign from your services hereunder, you shall, not withstanding the provision with respect to payment in lieu of the notice as provided hereunder, make yourself available during all office hours, for such period from the date of tendering your resignation, as may be required by the company as its discretion order to ensure smooth transition.""

Please note that it says "payment in lieu thereof". Just payment. What does it really mean? No point says that payment is Gross. Just a payment.

Please advice how I can take it forward. I am able to pay money for buying out my notice period. But not the gross salary, because for the past 3 months I am on Leave without pay.

Expecting your responses.

Advocate M J   28 August 2014 at 13:51

Documentation

Good Afternoon Respected Members

I hve my case to be heard before the Hon'ble PO , Now the issues is since i and my client on medical grounds cannot attend the case . we both are medical sick. hence cannot attend the case for this date. and i think the PO is in favour of the defendant, now can i file a IA before the PO to prospound the case for 2 days later. which section is applicable , to propound the case for 2 days later on the medical grounds, becoy i am fearing that the applicant doesn't attend ,the PO will decide the case in favour of the Defendant.
will CPC section be applicable to prospound the case?
Thank you