anupam sharma
25 August 2014 at 11:08
In a case before Civil Court relating to service matter (payment of increment and promotion issues etc.), the evidence of Plaintiff/Appellant was closed by his counsels without the consent and wish of the Plaintiff/Appellant and consequently, Plaintiff/Appellant was not allowed to lead relevant evidence crucial for his case. It is pertinent to mention here that the Counsels engaged by the Plaintiff/Appellant did not appear on three consecutive dates and owing to the fact that the Advocates of Plaintiff/Appellant refused to represent the Plaintiff/Appellant in the, said legal proceedings before The Additional Civil Judge (Senior Division) were dismissed Under Order 17 Rule 3 CPC .
However, the absence of counsel is on record but in final order it is recorded that plaintiff did not avail legal aid counsel while the plaintiff being an old person did not really know the formalities and concept of legal aid and no one in court explained him so. Does an appeal lie against the order dismissing the plaint on technical ground only? What remedy is with the plaintiff. Should he file complaint in Bar council against erring advocates?
anupam sharma
25 August 2014 at 11:06
That the plaintiff while filing the suit has attached a photo copy of WILL purportedly executed by deceased as Annexure P-1 with the plaint. Now while Exhibiting the documents to prove his pleading regarding the execution of WILL the plaintiff has placed on record the original WILL as Exhibit P2. A bare perusal of these two documents Annexure P-1 and Exhibit P2 reveals that these two documents are not the one and same but are two different documents. Exhibit P2 is not the original of Annexure P-1 as the signature of witnesses are different on Annexure P-1 and Exhibit P-2.
That the Plaintiff has placed on file two different WILLs/documents pertaining to WILL dated 29.06.2008 as Annexure P-1 and Exhibit P2. Thus, Annexure P-1 and Exhibit P2 which should have been same are different documents in nature. Now, the question arises that the actual will is primary evidence then would both annexure P-1 and Exhibit P-2 be deemed as secondary evidence when only one will is annexed with plaint (though now the plaintiff claims that there were two copies of original wills whereas nothing about two copies is mentioned in either plaint or evidence or cross examination?? Does Section 340 Crpc Apply here?
What should defendant do about it??
lakshmi
25 August 2014 at 10:08
We got married in 2004, then he left me in 1 week. I cudnt find him and finally I found him in 2007. Wen I tried to reunite with him, he filed a divorce case of dessertion in bandra court. I contested against it. When he cudnt prove the case, he absconded. The court passed a decree in 2009 that he s absconding and not avlb in the address submitted in the appln. Its also mentioned in the decree that inspite of judge asking his parent n lawyer to submit the correct address, they left the court without giving the address. I cudnt trace him.Fyi all I cud gather abt him is that he s married with kids.Can I get married now in 2014 since the court has declared him absconding.
AJAY KUMAR DAS
25 August 2014 at 08:26
Dear sir, I am the grandson and I had filed a suit for partition of my deceased grand fathers/grandmothers self acquired property as my father is alive , where as opposite advocates filed objection stating under section 8 grandson is not mentioned / not a class 1 heirs and has no manners of rights on self acquired property during life time of father who is alive . But we had produced a latest decision of Hon';ble supreme court';s on July 2013 that grandson has Birth rights. please advice me.
Neeraj Kumar Giri
25 August 2014 at 01:55
Respected Sir,
I would like to post a query regarding Service Tax :
I am a business man engaged in transportation of heavy vehicle like Truck, Tipper & JCB Machine. I use to provide the vehicle in hire basis to the factories which is used in loading and unloading of materials within its nearby area and for that they made me payment through cheque after deduction of TDS u/s 194C i.e. “Payment to Contractor or Sub-Contractor” with proper way, (then kindly explain me that am I a transporter or Contractor) My turn over in F.Y. 2012-13 was of Rs. 45 Lacks and in F.Y.2013-2014 my turn over is Rs. 95 Lakhs, and as per Service Tax Act and Rules I was liable to take registration in F.Y.2012-2013 but due to unawareness it was overlooked by me but recently I come to know that I should get registered under the same and I took registration before superintendent on 05-04-2014 thereafter got the registration certificate ST-1and the business in the certificate was shown was “Rent a Cab” instead of “GTA”, (Please explain me under which heading I should amend my registration, as such no Consignment note is issued by the Factory, I thing I am not eligible for “GTA”)and from the day of registration I used to charge service tax in my bill @ 12.36% on gross value of the bill and same was deposited to the Service Tax Department, without claiming abatement of 75%, but recent the Service Tax Department served me a notice to produce 5 years Balance Sheet, Profit & Loss A/c. and form 26AS, after that I met the Superintendent of Service Tax with the abovementioned documents, after examination of entire paper the Superintendent told me that the registration is wrong, I should amend the registration and include the “GTA”, in my certificate. As well as he pointed out that I was liable to take registration in F.Y. 2012-2013 which I have failed to do for which a penalty of Rs. 10,000/- will be imposed and the I have to pay service tax on previous bill because non-collection of service tax is deemed that in bill the service tax was included, but fact is that I have not collected any service tax in my bill.
1. Now, can the department will allow me to amend the certificate for inclusion of “GTA”, and service tax payment made in “ Rent a Cab” head instead of “GTA” head or some other eligible head.
2. Will the Department has power or rule to collect the entire tax which I have not collected in previous bill.
3. Will the Department will allow me to utilize the facility of abatement of 75% in previous bill i.e. F.Y. 2012-13 to F.Y.2013-2014 or 100% of service tax will be charged thereon.
4. As such I have made a huge payment on 100% on gross value @12.36 % in this year without claiming any abatement. i.e after registration in head of “Rent a Cab” is there any provision to adjust the excess payment with my service tax demanded.
5. After Registration I have collected Service Tax e.g. Gross Value of Bill is Rs. 100/- and Service Tax 12.36/-, will there is any provision in law which can allow me to adjust the service tax payment made earlier on which no abatement is claimed by my part.
Please reply on the issue mentioned here.
Thank You.
Neeraj Kumar Giri
25 August 2014 at 01:53
Respected Sir,
I would like to post a query regarding Service Tax :
I am a business man engaged in transportation of heavy vehicle like Truck, Tipper & JCB Machine. I use to provide the vehicle in hire basis to the factories which is used in loading and unloading of materials within its nearby area and for that they made me payment through cheque after deduction of TDS u/s 197C i.e. “Payment to Contractor or Sub-Contractor” with proper way, (then kindly explain me that am I a transporter or Contractor) My turn over in F.Y. 2012-13 was of Rs. 45 Lacks and in F.Y.2013-2014 my turn over is Rs. 95 Lakhs, and as per Service Tax Act and Rules I was liable to take registration in F.Y.2012-2013 but due to unawareness it was overlooked by me but recently I come to know that I should get registered under the same and I took registration before superintendent on 05-04-2014 thereafter got the registration certificate ST-1and the business in the certificate was shown was “Rent a Cab” instead of “GTA”, (Please explain me under which heading I should amend my registration, as such no Consignment note is issued by the Factory, I thing I am not eligible for “GTA”)and from the day of registration I used to charge service tax in my bill @ 12.36% on gross value of the bill and same was deposited to the Service Tax Department, without claiming abatement of 75%, but recent the Service Tax Department served me a notice to produce 5 years Balance Sheet, Profit & Loss A/c. and form 26AS, after that I met the Superintendent of Service Tax with the abovementioned documents, after examination of entire paper the Superintendent told me that the registration is wrong, I should amend the registration and include the “GTA”, in my certificate. As well as he pointed out that I was liable to take registration in F.Y. 2012-2013 which I have failed to do for which a penalty of Rs. 10,000/- will be imposed and the I have to pay service tax on previous bill because non-collection of service tax is deemed that in bill the service tax was included, but fact is that I have not collected any service tax in my bill.
1. Now, can the department will allow me to amend the certificate for inclusion of “GTA”, and service tax payment made in “ Rent a Cab” head instead of “GTA” head or some other eligible head.
2. Will the Department has power or rule to collect the entire tax which I have not collected in previous bill.
3. Will the Department will allow me to utilize the facility of abatement of 75% in previous bill i.e. F.Y. 2012-13 to F.Y.2013-2014 or 100% of service tax will be charged thereon.
4. As such I have made a huge payment on 100% on gross value @12.36 % in this year without claiming any abatement. i.e after registration in head of “Rent a Cab” is there any provision to adjust the excess payment with my service tax demanded.
5. After Registration I have collected Service Tax e.g. Gross Value of Bill is Rs. 100/- and Service Tax 12.36/-, will there is any provision in law which can allow me to adjust the service tax payment made earlier on which no abatement is claimed by my part.
Please reply on the issue mentioned here.
Thank You.
Nishant Singh
25 August 2014 at 00:47
Dear All Members,
Currently i am working in Cash Management service company as AM_HR,our company is into managing ATM(cash loading in Bank ATMS).currently one of the central labour inspector visited one SBI ATM & has served us notice under display of abstract of minimum wages & maintenance of various registers.Here the question now arises that,we are into service agreement with the Bank,we dont supply them any kind of labour services or manpower services,we have our manpower on our company payroll &also the premises doesn't belong to us:
1.Can the labour officer serve us notice under the Minimum wages act or for maintaining registers at the ATM
2.They have not served notice to SBI as ATM belongs to SBI.
3.Also can the labour officer sent the matter to court inspite of our reply that premises dont belong to us & we are not supposed display anything.
What should be our next course of action,please suggest.
attribution http://www.citehr.com/503455-display-various-notices-bank-atm.html#ixzz3BL3jvROX
Izharul Hasan
25 August 2014 at 00:03
Hi,
I have faked my boss's signature on a letter pad along with the Co. stamp to get a Credit card issued to me.
But I had written correct details of my profile in that letter pad, but those signatures were fake and the boss was having no idea about that.
One day, suddenly, without any prior information, the credit card department came to the office for verification, and the Admin, guy caught my forgery.
Now please tell me how can I get away from all this.
Awaiting your quick reply.
Regards
Izharul Hasan
9810514027
Krishna Raju
24 August 2014 at 23:12
Hi,
Police booked a case with IPC sections 447,427,506r/w 34 as per our complaint. As some people trying to grab our land where we have all legal rights.
Police requested the Tahasildar to confirm the original land position.
As there is a political influence on theTahasildar he did not respond to the police letter and it is in pending with Tahsildar about 1.5 month.
Could you please advise what can we do next to take this case forward to the court.
Thanks,
Krishna
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