Prasanna Simha
10 February 2017 at 19:04
Hi All,
One of my client has used a place for rent to shoot a serial for a channel. Rent is paid along with service tax from my client. Channel has reimbursed only the rent part. Since, my client has bonafide paid the service tax, has claimed input on those rent expenses. Now, the department is of view that:
01. My client cannot claim input on rent paid by him.
02. All reimbursement of expenses incurred on behalf of channel, later reimbursed by channel are to offered for service tax.
03. Even special / promotional episodes are also treated as income, where my client has made a expenditure on behalf of channel and later got reimbursed.
Whether the point of view of department is correct? Can this be litigated? All these expenses are prior to March 2015.
K PALANIVEL
09 February 2017 at 11:16
Sir,
As per Dept. of Personnel. Govt. of India, circular dated 2.7.2010 it is clarified that the public authority is no under obligation to disclose ACRs (Annual Confidential Report) / APAR (Annual Performance Assessment Report - formerly known as Confidential Report) of any employee to the employee himself as it was protected by sec.8 of RTI Act as it is a confidential Document. Kindly clarify with the latest APEX Court judgment, if any, the employee himself is having right to obtain his own Confidential Report from his organisation.
sandeep
08 February 2017 at 22:35
I filed a complaint against managing committee at dy registrar office under section 73 1AB. I am member of society. Dy registrar appoint authorised officer under section 77A. I wrote a letter to newly appointed officer for inspection of documents under section 32(1) of MCS Act. But after more than 10 days he never give inspection nor reply of letter. What is remedy now have to me?
Sagar Kotak
08 February 2017 at 13:29
The present case pertains to Cheque bouncing U/s. 138 of the Negotiable Instruments Act, 1881 in the state of Gujarat, Kutch. May I be apprised by the respected learned counsels on the following subject issues:
1. What is the precise amount or percentage of Court fees to paid before filing a Criminal Complaint before the Magistrates Court in the state of Gujarat, Kutch ?
2. I have heard that the complainant is not required to pay any court fees for filing complaints U/s. 138 of N.I. Act. To the contrary, the Accused is required to pay the required Court fees. Is this true ?
3. I have also heard that if settlement is arrived at between the complainant and the Accused, then in that case, 10 % of the cheque amount has to be paid as 'Court Fees. Is this True ? If yes, then who is required to pay the said Court fees in lieu of Settlement - Complainant or the Accused or 50-50 ratio ?
Awaiting the precious inputs of all the esteemed lawyers.
Warm Regards.
Mahesh Malav
08 February 2017 at 11:41
Hello sir/madam,
My name is mahesh and I am qualify SSC junior engineer 2015 under OBC non creamy layer category. I have a OBC non creamy layer certificate which is issued between 10 January 2017. my certificate is not issued as per date prescribed date in notification. (According to notification certificate should be issued between August 2012 to February 2016).During the document verification Sscnr convert my category OBC non creamy layer to UR due to this obc certificate prescribed date issue.I
want to tell you sir,DOPT O.M. F.No. 36036/2/2013 Estt. (Res-1) published on 31 march 2016 in which clearly mention the validity of non creamy layer certificate issued during any month of the financial year 2016-17 covering 3 preceding financial years 2013-14,2014-15,2015-16 be accepted by the concerned authorities for any appointment or recruitments which would be valid during the period April 2016 to March 2017.
Guide me sir,what can I do for my job?
Thank you.
K.CHELLIAH
05 February 2017 at 10:33
Wat s d parent case of this prob?
Mrs. Vandana is a professional in the Auckworks Company dealing with Computer Software. She is married to Mr. Sujay who is a lawyer by profession. She is an active blogger and often chats on the internet but one night Vandana was unable to log on to her account. Her friend, Ms. Sanjana called her up and informed her that a chat message was circulating from her account which showed a very vulgar chat of hers with an unknown guy called Mr. Shiv Sharma. Further, she informed her that she has reportedly admitted in the chat that she was having an affair with a guy called Shyam for the last two years behind the back of her husband which was sent to all her contacts and her husband’s contacts as well. The interesting factor was that the chat had been dated 3rd October 2008 while the mail has been circulated on the 5th of October 2008. Mr. Sujay was disturbed with this fact and insisted to sever all ties with Vandana, who, on the other hand, lodged a F.I.R. with the cybercrime cell of the police in Delhi on 7th December, 2008. During the course of investigation it was revealed that there was absence of any specific IP address in India as the blogger had logged through a Proxy Server in Canada. After three months, the police could not locate any person by the name Shiv Sharma, but the person called Mr. Shyam, who was a Diplomat of Kenya in India, had been traced. The Ministry of Foreign Affairs mean while issued a demarche to the Consulate of Kenya at Delhi. The police meanwhile had sealed all the electronic records of Mrs. Vandana and was treating them as evidence. The police charge sheeted Mr. Shyam on 21st July, 2009 for cyber hacking based on the electronic records of Mrs. Vandana available to them. Mrs. Vandana meanwhile broke down mentally as the lawyer she has consulted could not suggest her some proper solution. She, however, accused Shyam for defaming her by way of circulating the chat messages to everyone in her contact list. Shyam denied all the allegations including the ones made by Vandana. In statement Mr. Shyam has contended that he was a good friend of Mrs. Vandana but they were not having any affair and that they both were unaware of any Shiv Sharma. The prosecution contended that Shyam had hacked the account of Mrs. Vandana with the intention to separate Vandana from her husband and also attempted to defame her. The chat had been done through SKYPET network a Proxy Server in Pakistan occupied Kashmir (PoK). The police issued a notice for disclosure of the entire transcripts of chats as well the details of users. However, SKYPET has its headquarters in (PoK) and had refused to hand over any details regarding their users on any account. The only record which the prosecution had was the auto saved chat messages on Vandana’s computer which had been there between Vandana and Shyam, no such records were recovered from the computer confiscated from cyber cafe. In those chats it has been seen that Shyam had consistently been saying that he loves Vandana and can go to any extent to get her from the clutches of her husband. The prosecution contends that Shiv Sharma and Shyam is the same individual and Shyam had planned to break all the ties between Vandana and her husband and thus get her for himself. When the case was put forth before the court for trial, the accused contended that the electronic records provided could not be treated as evidence according to the Indian Evidence Act, 1972 and also that, a chat which had been recorded on a foreign server cannot be treated as a piece of evidence in this regard. The defence further contended that on the alleged date i.e. 3rd and 5th of October he was in the Consulate Office of Tanzania at Delhi and he had also produced a log book of the Consulate as evidence to show that he was at Consulate. Besides, the trial court concluded that the Information Technology Act, 2000 does not have any specific provision to punish a person based on the facts of the given case. The Trial Court has acquitted him from all charges completely ignoring the issue of defamation. The State has now moved in appeal before the Delhi High Court to prosecute Shyam for the offences of cyber hacking and cyber defamation, the accused pleads that the High Court does not have any jurisdiction in this case as the Cyber Tribunal has been vested with the jurisdiction to deal with these cases. Besides, the High Court cannot go back to the facts of the case and deal with merits in order to come to a judgment and the Trial Court has been right in deciding that the electronic records cannot serve as evidence. However the petitioner relied upon the doctrine of exclusive knowledge and contended that burden of proof is reversed. Therefore accused was under a liability to prove his innocence and show that he had not done any of the chats to which accused contends that the exclusive theory will not hold good in this case as he was not present during the time of the chat in contention and that he could not be made to give proof incriminating against him in this regard. The Appeal is set for hearing before Hon’ble Delhi High Court on 26th March 2011. Note: The teams are required to prepare a case from both the sides.
SAA_Bombay
30 January 2017 at 10:29
Our building has been redeveloped in 2007. Our Post redevelopment a new committee was elected by majority of members of society. (says 23 out of 30 elected this MC). This new committee filed a case against developers for some wrong doing which is very expressly mentioned in redevelopment agreement. Currently we are under arbitration. In arbitration when we asked for our grievances, developer said that our committee is not form properly & hence we do not have rights to asked anything on his wrong doing.
We want to know that suppose we say that our committee was not formed properly means we did not submitted the resolution to authorities that time, but this is fact that majority of members have elected us which was duly minitised in minutes book of society. Does this mean that if our committee is not form properly developer has rights to do wrong & no one has rights to ask him a question?
HITESH SHAH
26 January 2017 at 10:39
respected sir,
if maintenance case runs for three years, then salary of last month is considered or average salary of three years is calculated to get maintenance from date of application?thanks
Simi Varghese Tharakan
25 January 2017 at 19:29
We are holding a seminar at our college on the subject and we were asked to choose a topic. My topic is Sexual Assault - Violation of Human Rights. And this is based on the Soumya case which was recently decided by SC Ernakulam and acquitted the Offender of any murder charges. I understand that our honourable judges are good at making decisions though I stand with Justice Katju's point of judgement that a death sentence was the right punishment for Govindaswamy. Now my thoughts for the seminar are such: Was enough justice done to Soumya and her mother who has lost her daughter. Had Soumya survived what would have been her life since she had already had a broken pituitary gland rendering any person so to be in a vegetative state. Is not that as equal to killing a person. Had she been by birth a disabled we can understand, but here the case is that all her rights were violated. Despite the fact that Dr. Shirly Vasu had given details on injuries found that could lead to death even if she had not fallen in between those railway tracks. This was not considered as rarest of rare case despite the fact that we all know no sane person would have raped a person who is already in a pool of blood rather take them to the hospital. Looking at the historical records of Govindaswamy he is a habitual offender and also an extremist in inflicting pain to any individual be it male or female. Why do we term perverts as sick people when we know this cannot be anywhere near to sickness. These are intentional acts. Why would our law see this as there was no intention of murder when we all understand that we would not bang a persons head as a damaged skull and brain would lead to death eventually. How can I go about this topic to ultimately give a thought provoking seminar at my college.
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Validating trade unions registered outside the geographical limits of region
Respected Lawyers,
The issue is related to Powergrid Corporation of India Limited (in short POWERGRID), a CPSU and Central Transmission Utility under the aegis of Ministry of Power India. Before coming to main subject let us understand
PNBC : Powergrid National Bipartite Committee, a National level bipartite committee consisting of management representatives and PNBC representatives from unions in different regions elected through election among unions, these elections are conducted by Powergrid management.
In March 2015 PNBC elections were contested in NR-1 among two trade unions namely (1) Power Grid employees trade union NR-1 and (2) Power Grid Takniki Karamchari Sangh NR-1 for three seats of PNBC by the voting proportion trade union got 01 seat whereas takniki sangh got 02 seats. Both the unions were registered at ALC KANPUR UP. At that time NR-1 contained Rajasthan, UP, Uttrakhand , NCR and two districts of Haryana.
As per Government guidelines from 01st July 2016 NR-1 was split into two regions NR-1 & NR-3. Entire UP and maximum stations of Uttrakhand were transferred to new region NR-3.
As a result of having their registration at RLC KANPUR UP Power Grid employees trade union NR-1 and (2) Power Grid Takniki Karamchari Sangh NR-1 among which PNBC elections were held in former NR-1 in march 2015, went within the jurisdiction of NR-3.
And NR-1 (w.e.f) 01.07.16 became union less, for sake of a workmen union we registered a Union namely Powergrid Karamchari Sangathan NR-1 with Labour Commissioner South Delhi and we got registration certificate on 10th January 2017 and we intimated management about the registration on the very same day.
But management of NR-1 did not invited us for PNBC meeting, instead management invited representatives from Power Grid employees trade union NR-3 and (2) Power Grid Takniki Karamchari Sangh NR-3 for NR-1 region (unions which are registered at Kanpur hence under the geographical area of NR3.)
My query is
can management of NR-1 call representatives for PNBC meeting on behalf of NR-1 from Unions registered in NR-3 geographical area.
What can we do so that management of NR-1 recognize us and call our representative as PNBC candidate from NR-1.