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

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gururaja   19 November 2013 at 17:51

Waht next

My sister got married 6 years back and have one child. They have so many familiy issues. Every time my sister is blaming her husband and he is blaming my sister. He is blaming that my sister threatening him to commit suicide. She is very afraid that he will leave her. Every time we console them and for sometime there will not be issues. Then again it comes. My sister is saying that her husband dislike us coming to their home and interfering in their life. But he is saying that my sister is abusing him , his parents and sisters. Some time back, our father expired and we partition the property. That time also, we got issues. One big wrong my sister did is she came to our house without informing him. So he filed conjugal right case. After that, sister attended the case and she went with her husband. Our father's death effected her a lot and she is not able to tolerate the separation. Also, we are not talking with her. In this depression, she tried to commit suicide also. Then we showed her to doctor and they told that she have Paranoid schizophrenia. She was under treatment for last 10 months. What happened, we dont know, she stopped medicine and he is complaining that she is acting very violent. He admitted her in hospital. They told that she is suffereing from Borderline Behaviour disorder. Now she is with us. We are afraid that her husband will file any case on medical basis. Pl do advise us what to do. But she wants to leave with him. If he does, can we file any dowry case against him or his family?In this, my sister's son is effected most.

KRISHNA RAO GOWD   19 November 2013 at 17:15

Issue of form h by an eou

We are an 100% EOU engaged in manufacturing and exporting of petrol run three wheelers from Andhra Pradesh. We bought CNG kits from a Pune party and issued a Form H against thier invoice. We have submitted the BL copy for the entire vehicle with CNG kits.
We have fitted these Kits to our vehicles and billed the same to a Merchant Exporter in India sending the goods directly to the port as prescribed in the customs and Central Excise rules and claimed the export benefits from DGFT.
Now the Pune dealer says the Sales Tax dept in his state has rejected the Form H saying under the Sales Tax rules the sale of goods purchased against Form H can not be sold to any body else and have to be directly exported. How a transaction which ia allowed by the Customs and Central Excise is invalid under the sales tax law?

C..a......STUDENT   19 November 2013 at 16:54

Tds on licence fee to private gas agency

Will TDS provisions be applicable on payment of license fee to a private gas agency?

If yes, under which section TDS be liable to be deducted?

Please reply.

Hirdayanath M Kamble   19 November 2013 at 16:38

Applicability of factories act.

Dear Sirs,
Ours is a establishment in MIDC, we are partly into manufacturing deploying only 03 persons. we have service activity on going in the same premises and hiring activity, in total we deploy around 44 peoples,

03 in manufacturing, 32 in Hiring and rest 09 in services department, are we required by law to get a factory licence.

Kindly advise.

AK New Delhi   19 November 2013 at 16:26

Retrenchment benefit...

A helper in our factory joined on 1 August 2011. On 22th August, 2011 he suffered an accident in the factory due to his own fault and he broke his hip bone. The company initially got him treated in a private hospital and bore all the immediate expenses and later he was referred to the ESI where he recovered.
He was on medical leave from 23 August to 11.02.2012 and was drawing salary from ESI. He joined duty on 12.02.2012 but was acting very rough with the management. He was dismissed from service on 28.02.2012 as he was no more required for the job he was kept for. He worked a total 38 physical days and in our company record he had completed 212 days(ie. from 1.8.12 to 28.2.13).
This workman has filed a case in the labour court claiming full back wages and reinstatement on duty.

Please tell what benefits he is entitled to. He has not completed the mandatory 240 days to receive the retrenchment benefits. The company had also paid him about Rs 30000/- advance for running his home expenses when he was not in a condition to work. He has not acknowledged the help given by the company in his plaint.

Please express your views.

Struggling Landlord   19 November 2013 at 16:22

Consequences of non-renewal of compromise decree?

A Compromise Decree was passed before mediation Between me and tenant.

Term was defined as 3 years (Jan11..Dec13)

Renewal Clause : After the expiry of the term period both the parties may mutually agree to extend the period on such T&C as may be mutually agreed from time to time with minimum increment of 15% on prevailing fees for next 2 renewals.

31-Dec-13 is coming to end 1st term.

My querry is can I disagree to continue after Dec13 and cancel the decree?

After disgreeing to continue the relationship of landlord and tenant Can I directly file execution for getting vacation of shop?

what other consequences which may I have to face by disagreeing ?

thanks in advance

Shantanu   19 November 2013 at 16:09

Bifr and sick industries

A cooperative bank which has gone in liquidation is an unsecured creditor to a pvt ltd Company. The company has filed scheme with BIFR in 2004. Scheme is sanctioned in 2011. The bank has been given option to settle for a sum which is much less than the actual dues. The bank has not accepted the same till date but have not challenged the scheme in appeal also. It is settled law that BIFR cannot force any unsecured creditor to accept something which otherwise is not acceptable. The company itself has agreed to pay a much more amount to the bank in OTS in 2006. Now BIFR has held the company to be Financially capable and making profit and disposed off the case. Can the bank file an appeal after lapse of 2 years and challenge the scheme ? whether the order of BIFR can be challenged by way of Writ Petition ?

Pankaj Khodaskar   19 November 2013 at 16:06

Fdi policy:

A Pvt. Ltd is an Indian company with 100% foreign shareholding. It is engaged in the sector where 100% FDI is allowed under auto route.
A Pvt. Ltd. is considering a proposal to carry on trading business through e-commerce where it would sell goods to the buyers / customers situated outside India. In other words, it is proposing to enter into retail trade on B2C basis by way of EXPORT of goods outside India. No trading activity would be carried out with the customers in India.

In this context, can A Pvt. Ltd. can undertake export trading activities considering the restrictions on retail trading under FDI policy?

Mohit Soni   19 November 2013 at 16:02

Name change of partnership firm

Hello,
I want to know that if I change the name of my partnership firm then are my existing vat tin, cst tin, service tax number will change?? or will it remain the same after i change the name of the firm??

Also if possible can you please guide me the procedure for the same??

thupden   19 November 2013 at 15:48

Amendment of a written statement

A Title suit was filed as is pending since 2011. AS such the case has not moved beyond hearing of the parties. Even Order 10 has not yet be conducted.

So I want to amend my written statement. Can I do that in the next hearing , do i seek the permission of the court and ask for a date to file the application or can i get it ready and submit to the court and the party on the next date.

And I have not asked for adverse possession can i include that too.

Please advice.