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Sadanand B. Panchal   19 September 2012 at 11:52

Bombay city civil court rules in the year 1973

Respected Experts,
In the year 1973, I found Hon'ble Courts order at Mumbai City Civil Court under Rules 188, 189, 192 and 221 and got excited.
The said order is in brief as follows,
...with liberty to the said Defendants to bring on the said matter earlier for hearing on giving to the Plaintiffs Advocate 48 hours previous notice in writing AND THIS COURT DOTH ORDER THAT in the meantime and until the hearing and final disposal of the Notice of Motion, the Defendants, their agents be restrained from obstructing Plaintiffs to demolish the rooms of Defendant no.1 and 10."
Thus it was clear that the Plaintiffs therein were succeed to obtain the Ex party injunction from the Hon'ble Court against the Defendants who did not aware of the Suit and Notice of Motion filed by the Plaintiffs. In this way the Defendant no.1 and 2 were dis-housed by the Plaintiffs. Said order was used to passed by the Hon'ble Courts at that time under the Bombay City Civil Court Rules and it seems that these Rules are altra virus the constitution of India.
Kindly explain me what are the Rules 188,189, 192 and 221 of the Bombay City Civil Court? Are these Rules are still in force?
Best Regards,
Sadanand B. Panchal

s m alim   17 September 2012 at 18:05

Stay order for recovery

sir mai pg kar rha tha jise break kardia tha or job mai agaya pg mai stipend bhi milta tha bond bhi bhra tha mujhe chutti nahi mil saki 3 saal se phle job se islie join nahi kar saka par university k rule k hisab se 6 saal ma complete kar sakta hu or join na karne ki wja se audit ki wja se recovery letter mere department aae recovery k par mujhe dubara join karna tha islie delay karta rha. ab leave milgai hai or applicatin pg ki underprocess hai time lag rha hai. par department wale recovery karna chahte hai mai kuch din k lie recovery par stay chahta hu bger kisi par case hue k kuch time mil jae mujhe agr admission nhi hua to mai recovery ko tayyar hu.

visu   15 September 2012 at 22:33

Lorry hire

Folks,

Pl. share with me the service tax notification in respect of exemption given to truck/lorry owners who gets the hire income by letting the lorry/trucks to goods transport agencies.

Adv.Ashwini Khatri   11 September 2012 at 21:02

Aligibility for trp

Dear Experts, Can an advocate who is in taxation practice not doing court practice become a TAX RETURN PREPARER ?

Suresh. S   11 September 2012 at 20:57

Form 16

Hi all,

A salary certificate for Rs. 25000/- per month was issued to me by my company.
Inspite of myself crossing the tax limit, they are not deducting any tax and
also the company mentions that since no TAN is taken they cannot issue. but
TAN number can be done in 24 days. The company is two years old now. Also
the company when asked for Form 16, they told me to work as consultant which
cannot be since salary is received and salary certificate has been issued
by company. Moreover they are evading tax and the company is supposed to
deduct tax for such income. Even as consultant, they have not deducted
tax this month (August) over 30,000.
Moreover i have to submit Form 16 to IT department too. The company is
supposed to deduct and pay to Govt quarterly and not doing so.
The Income Tax department has recently started checking on companies
that disallow TDS and Form 16 to employees where these employees are actually
salaried person and the company disguising these employees as consultants.
The IT department is serious on this issue and till now I have not received
any mail with regarding to section 146(i) from the IT department and I do not
understand what this section means.

Now for the company to comply to guidelines and to make it better, i need
suggestions based on the above facts to get Form 16. I was thinking of
putting forward a letter to IT department for their help in this regard. IF i do
put a letter, will it affect my job as company will come to know of it or
can the IT department itself can query on the company to pay tax and issue me
Form 16? I had filed ITR returns, but for home loans most banks ask Form 16. Can you help me on this matter? How to make company comply to issue Form 16 to me?

Thanks, all

Suresh. S

valentine thakkar   11 September 2012 at 14:36

Macp

In a motor accident, the Police filed FIR and Court issued summons to the driver in a criminal case, but did not seize the vehicle nor surety was taken in respect of the offending vehicle. The Surety of the driver was contacted, but he said the driver had left the border of Gujarat and had run away to UP. No whereabouts. Two warrants returned unserved.

In the compensation case U/Ss 140 and 166 MVA, the borrower of the vehicle was joined as party U/O 1 R 6 and 7. However, the registered owner is absconding and address not traceable and hence summons could not be served.

In the criminal case, can the advocate ask the JMFC to issue orders U/Ss 451 & 452 CRPC to the police to seize the offending vehicle which is still plying in the city with a new registered owner? The trial in the CC is not started yet.

Saurish Shetye   11 September 2012 at 13:50

Can sec. 9 of income tax act be proved unconstitutional?

In 2011, there was an amendment to section 9 of the Income Tax Act 1961. Section 9 is related to 'income deemed to accrue or arise in India'. This amendment was done after the landmark verdict of the Vodafone case. Want to know how this amendment can be proved unconstitutional?