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Kalyan Ghosh   03 August 2015 at 17:00

Motor vehicle (private car)registration for address change

My son stays at Hyderabad .He has purchased a HONDA JAZZ in August,2010 Now he has been transferred to Kolkata and as such he wants to bring his Honda Jazz Car (YEAR OF REGISTRATION IS 23/08/2010) to Kolkata .In the FORM 22 supplied by HONDA for INITIAL CERTIFICATE OF COMPLIANCE WITH POLLUTION, STANDARDS, SAFTY STANDARDS OF COMPONENTS AND ROAD WORTHINESS the Certificate shows BHARAT STAGE III compliant .
But the Motor Vehicles Department in Kolkata wants Euro IV /Bharat Stage IV standard for change in Address,otherwise this cannot be accepted.in Kolkata
My Points for Car Manufacturer Honda
1)BHARAT STAGE IV (Equivalent Euro IV) NORM has been implemented in India in April ,2010 in NCR plus 13cities including Hyderabad from where the car was purchased from an authorized dealer.But the car was purchased in August ,2010.HOW COULD THE MANUFACTURER SELL THE CAR THROUGH AN AUTHORISED DEALER WITH AN UNDERRATED POLUTION CERTIFICATE OVERRIDING THE LATEST EMISSION NORMS.RECENTLY A POLLUTION CERTIFICAT HAS BEEN OBTAINED ON 01/08/2015 FROM ONE AUTHORISED POLLUTION CHECK CENTRE OF TRANSPORT DEPARTMENT OF GOVERNMENT OF TELENGANA .The report as per Rule 115(2) of Central Motor Vehicle Rules 1989 states everything is in order AS FOR CO,HC AND NOx NORMS ARE CONCERNED EVEN MAINTAINING AS PER BHARAT STAGE IV NORMS.EVEN As per Central Pollution Control Board http://cpcb.nic.in/Vehicular_Exhaust.php Bharat Stage-IV CO( g/km)=1.0 and HC+ NOx(g/km)= 0.18(combined) allowed NORM IS BEING MAINTAINED BY THE CAR
2)BASED ON THE ABOVE REPORTS CAN I APPROACH THE MANUFACTURER TO ISSUE ME A FRESH EUROIV/BHARAT STAGE IV COMPLIANT CERTIFICATE.MOREOVER MANUFACTURER CAN ASK FOR A FRESH POLUTION CHECK AT THEIR AUTHORISED SERVICE CENTER AND BASED ON THE REPORT THEY CAN GIVE A FRESH EUROIV/BHARAT STAGE IV COMPLIANT CERTIFICATE
3)I MAY ALSO APPROACH HONDA INTERNATIONAL WITH ALL THE DETAILS ABOVE TO TAKE IT UP WITH THEIR INDIA COUNTER PART TO ISSUE THE CERTIFICATE
MY POINTS FOR MOTOR VEHICLE DEPARTMENT W.B GOVERNMENT
1)IN WEST BENGAL HOWRAH DISTRICT RTO IS SAYING THAT THEY ARE ACCEPTING ONE STEP BELOW NORM.ieINCASE OF BS IV BS III IS ALLOWED,BUT IN KOLKATA IT IS NOT ALLOWED.AS MY RESIDENCE FALL WITHIN KOLKATA JURISDICTION I AM FACING THE PROBLEM
2)IN OTHER CITIES HYDERABAD/BANGALORE/CHENNAI MY SON IS TAKING THE CAR ,BUT IN KOLKATA WHY THIS IS NOT ALLOWED.ACTUALLY THIS IS REGULATED BY CENTRAL MOTOR VEHICLE ACTS AND RULES.WHAT IS THE GUIDENCE OF CENTRAL GOVT IN THIS REGARD.IF OTHER STATES ALLOW THIS CAN ANY STATE GOVT REFUSE IT
3)IN THAT CASE ALL THE REGISTRATION OF ALL GOVT SUCH CARS IN WEST BENGAL NOT ADHERING TO BS IV NORMS SHOULD ALSO BE CANCELLED
4)Is it feasible to dispose off a good condioned car ay a abnormal low orice

Nitesh Umate   03 August 2015 at 15:30

Compromise decree

if the compromise decree make it by court regarding to resolve dispute of the property and settle the matter of both party but 3rd person file suit this property therefore one condition of compromise decree execution of sale deed in favour of 2nd party not to be execute by 1st party. At this time the suit is final and 3rd party suit is not tenable declare by court of law but at the time 1st party argued that to 2nd party not to be execute sale deed in favour of you and this compromise decree invalid or there is no validity of compromise decree. this argument of the 1st party in right or wrong?

1. If 1st party argument wrong then what action to be taken by 2nd party for execution of sale deed?
Or
2. If 1st party argument is right then what is remedy to bear the 2nd party?

Please give me a answer of this question.

jyotsna   03 August 2015 at 14:28

Morgage propertry

Does Gaothan lands are mortgageable or not; and at what extend it caan mortgage??
waiting for fast reply...

harsha   03 August 2015 at 13:26

Trf of proprtey

MR.A HAS TAKEN PROPERTY IN 1944 THROUGH a SALE DEED and transferred a part OF THE PROPERTY to his brother MR B & MR C in 1965 through a Katha transfer respectively.
NOW MR.B SOLD THE PROPERTY (only his land ) TO MR x THROUGH SALE DEED IN 2009

Q 1)IS THE MR X RIGHTS ARE CLEAR.


(NOTE SONS OF MR A , KNOWN THE ABOVE TRANCTION AND STAY IN ONE PART OF THE PROPERTY which belongs them.) THE PROPERTY IS KARNATAKA.

neelam   03 August 2015 at 13:24

In case of absence of will, can one survivor let out his portion including common area

gud afternoon..

Meri dadi ji ki death abhi kuch din pehle hui h hamari house property unke nam thi and is property k 4 log haqdar h. dadi k 4 bete h. 2 bete ground floor per rehte h or 2 bete first floor per. hum lof first floor per rehte h and uper ka portion kuch is tarah se bata h ki 6 room me se 3 room chachu k pas h and 3 room hamare pas. lekin angan common h even let/ bath ki galery bhi common h and bahar jane ka rasta bhi common h. chachu ab chahte h ki wo apna portion let out ker de coz wo kahi or reh rahe h. unhone apna portion lock ker rakha h.
hm ni chahte ki portion let out ho coz kafi area common h.
abhi property transfer ni hui h kisi k bhi nam. hum sirf hamare portion me reh rahe h bus.

mere ye questions h..

1. kya chahu hamari bina permission k property let out ker skte h?
2. agar jabardasti kirayedar rakhne lage to kya hum use rok sakte h? agar ha to kaise? hum kya procedure le sakte h iske lie?
3. meri 3 bua h kya wo bhi is property me baraber ki hissedar h? chachu and tau ji bua to hissa ni dena chahte.
4. propety apne nam per transfer karane k kya procedure h? and kya uske bad chahu apna portion let out ker skte h agar area common h to without our consent ?

please reply as aaj kal chahu ne preshan ker rakha h.
Thank you for your valuable time.

siril   03 August 2015 at 12:18

Advocate couunication adress

Can any one provide me the address of consultant they have represented before central excise case of rice mill machinery manufactures association of india

The case fact mentioned below


lassification of rice parboiling machinery -reg


Circular No 924/ 14/2010-CX


F.No. 167/42/ 2009-CX.4
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Custom
.....
New Delhi, the 19 May, 2010
To,
All the Chief Commissioner of Central Excise,
All the Chief Commissioner of Customs
All the Director General
All Commissioners,

Sir,
Subject: Classification of rice parboiling machinery -reg


It has been brought to the notice of the Board that classification of Rice parboiling machinery is being disputed in certain jurisdictions. Two tariff headings under consideration for its classification are 8419 or 8437. It has been represented by the Rice Mill Machinery Manufacturers Association that the practice so far followed by the department was not to charge excise duty for many years but suddenly it has been sought to charge duty on these machines by proposing classification under heading 8419. The matter has been examined by the Board.

2. Paddy processing plant consists of sections with functions like parboiling, drying, rice milling and polishing . Parboiling plants and drier plants are used for steaming and drying paddy and also for reducing the moisture content in the paddy. The processed paddy is then sent to subsequent sections where husking, hauling, milling and polishing are undertaken. Briefly, parboiling process involves three stages, namely, pre-steaming, soaking and steaming. In the first stage, clean raw paddy is steamed for 3 to 5 minutes. In the second stage, pre-steamed paddy is soaked in water tanks for about 4-5 hours. In the last stage, the soaked paddy is passed through steaming process for 3-5 minutes. Subsequently, steamed rice are dried in a dryer. The dryer is also supplied alongwith parboiling rice machinery. It has been mentioned by the Association that 100% of parboil plant and equipment are used only in rice mill industry and that the parboiling process is exclusive to paddy. It has also been contended by the Association that parboiling units are integral part of rice mill. Subsequent to the parboiling process, the further process of dehusking and drying is carried out in the same unit. Therefore, parboiling rice machinery is an integral part of rice mill plant. Thus it has been argued by the Association that these machines merit classification under heading 8419 because of following main grounds:

i. Rice parboiling machineries are used only in rice mill plant.

ii. These are integral part of rice processing plant and these cannot function in isolation. Therefore, function of Rice parboiling machinery/ drying unit is complementary to other function of rice processing plant.



3. On the other hand, in support of classifying it under tariff heading 8419, it has been argued that Parboiling and drier plants perform the function of steaming and drying which are independent of milling and these occur before milling process. Therefore it has been viewed that parboiling and drier plant are not essential and integral part of rice mill and therefore it would merit classification under heading 8419. It has also been opened that machinery performing specific functions like steaming or drying are specifically covered by heading 8419. Further, reference has also been made to Chapter Note 2 to Chapter 84 to justify the classification under heading 8419.

4.1 On examination of the issue, the Board observes that the General rules for interpretation of Central Excise Tariff provide that “for legal purposes, classification shall be determined according to the terms of the headings and any relative Sect

RAJESH SHARMA   03 August 2015 at 11:54

Special Appeal Defective

what is the meanSpecial Appeal Defective

raviteja   31 July 2015 at 15:45

Ancestral property matter

sir, my grand father has got some property from his father and my grand father has 4 sons and my father is the last and my grand father was transfering that property without the willingness of my father and i need help to stop that registration. please help me in this matter.