Anonymous
21 August 2011 at 19:14
against a labour court award though mentioned as ex-parte (But not ex-parte as the employer has filed w/s, rejoinder, issues framed application but during argument after refusing to file documents case order ex-parte) employer file recall application after 30 days of the publication of award which was duly rejected.
The reference was made in central act, but the application was rejected in state act,as the application before the labour court was presented by authorised representative of the employer on PLAIN PAPER WITHOUT MENTIONING ANY ACT AND WITHOUT AFFIDAVIT,DELAY CONDONE APPLICATION.
Now the award has been challenged before the writ court.
Is this rejection of application in state act will have any serious implication before the writ court as the reference is made in the central act?
how this issue can be effectively dealt before writ court without any adverse affect on the award.?
is the any specific ruling in this matter which may help?
Do suggest with ruling PL.
Anonymous
20 August 2011 at 12:19
We are engaged in the business of Ship repairing and supply of necessary spares parts In West Bengal . We are carry out refit work in accordance with the main and supplementary defect list remarked DO/Don’t by CGHQ along with amended remarks as per TEC minutes. The scope of work includes cleaning and painting of the Ship’ Hull , obtain ultrasonic readings , Engineering, electrical , and provide necessary facilities while the ship is in dry dock, provide accommodation and cooking facilities to the ship’s crew when the ship becomes uninhabitable .
For the purpose of carrying out the above works are paid total refit cost Say for example 1 Corer. Inclusive of taxes duties . further he is paid a maximum amount equal to 15 % of the refit cost ie. 15 Lac inclusive if taxes and duties for carrying any additional growth of work to correct operational defect. Further for non availability spares against NAC ( Non Availability Certificates ) is reimbursed the cost of such spares on actual plus 7.5 % as handling charges subject to maximum of 20 % of the total refit cost amounting to Rs. 20 Lacs. Inclusive of taxes and duties.
To complete the entire refit work within 120 days .
Query : i) Amount of Vat Payable in west Bengal
ii) Value of Taxable service for service tax
If any information or details we will let you know on your demand.
Anonymous
19 August 2011 at 15:44
sir
what is the procedure for taking the ESIC and EPF No. and which form fullfill for this regarding, can a proprietorship/partnership firm apply for ESIC and EPF Registration
Anonymous
19 August 2011 at 14:22
As per the Sec 80, redemption can be made out of fresh issue of capital. Also share premium can be utilised for issue of capital as bonus share. In such case, is it prohibited, if the share premium is first utilised for issue of capital and on such fresh issue of capital, existing preference share capital be redeemed? The purpose is,if the company does not have enough profit available for dividend including CRR but has share premium available for this purpose. Is this route explicitly prohibited in company Law? If so, why?
K.HANMANTHRAO
19 August 2011 at 12:30
is any advocate in hyderabad inthis club
ASHOK KUMAR
18 August 2011 at 14:36
Dear sir,
we are cultivator as well as dohlidar of the suit land but some entries in 1912-1921 wrongfully written by patwari of the area due to misunderstanding and influence by village personal of that time. I attached the file which shows the entries in mutation and reflects the effects. question is that who is the actual dohlidar of the suit land as per record. We are the cultivator of the suit land since 1912 or before as per records. please suggest me that problem can be rectified or not.
Kumar ashok
Anonymous
18 August 2011 at 12:10
Could u please tell me about the latest amandment in service tax as the service tax wef from 1.4.2011 is levied on acrual basis. if service tax is payable on renting income & the amount has not been received in the whole year the party has to give service tax from hos pocker. and aftr that if the party will not give rent then what is the procedure of written off the amount. and if possible please provide the case law also
ponraj.vr Advocate
18 August 2011 at 11:31
private institute refused to give refund as it was their rules.pls guide me
sir am waiting for my final sem results so decided to join some diploma course.heard about fire and safety course.some people told me safety field have great demand so i inquired about the course in nife institute.they gave job assurance for me.after a week just walk in to the institute to apply for the course 6 months course costs 30,000rs but service tax was ten percent it takes nearly 40,000rs.at this time i had no intention to pay the fees just went there to fill the applications.but the lady in the office made receipt for registration fees 2,206(206rs service tax)i said don have money with me now. the lady insist me if am not paying the amount for the receipt she will lose the job and she having meeting in afternoon have to pay within 1 hour.i said ok and paid the fees within that time.actually i had a rush to pay the fee never thought much about the course.after payment i asked my sister about this course she is working in mnc she told this course wont help me as i am law graduate.my sister told me to cancel the admission.but when i filling the application there was rules "fees once paid will not be refunded under any circumstance " the very next day morning called them to cancel my registration as i got my job in Mumbai(lied them for sake of getting refund).then went to the institute to ask refund they told it was not possible there institute had rules as you read and signed in the application.but i was adamant and asked refund and arranged meeting with institute in-charge.in-charge also told the same they had rule as no refund and for paying this fees they had just allotted a seat for me,i was not entered into admission. in-charge of the institute told me in two ways he can help as 1.i have replace to someone else for me 2.he can transfer this course to mumbai.
the invoice given by them had a roll number and batch number also.even in-charge also accepted the fact this course wont be a additional qualification for me i can specialize in safety if i accept this fact i know u people must laugh by hearing this our field already have lots of specializations safety is just minor part of labour law and few regulations.these all the incidence happened.
but i took this matter seriously for few reasons
the day i went to ask refund the lady(made receipt)told me 2000rs doesnt matter for u. just imagine as u spent for beer with friends and i opposed that i don have such habit she told ok then u imagine as spent with friends.later she showed her anger by pushing her chair like that.Institute in-charge told a rule about refund such rule not exist in nife institutes rules and regulations.pls see this link
http://www.nifeindia.com/terms-and-conditions.aspx
not only that he asked me u`re matured and cant u take good decision like that.does he had right to ask me like this? and he never talked about his staff mistake the lady without my consent she made invoice.
please guide me
Jatin
17 August 2011 at 16:47
Hi, i wanted to know how will the following property be distributed -
Owner detail- Big Z:
Sex: Female
Age: 87 (Died 4 years back)
Married: Yes, had 1 husband who died long ago
Kids: 1 male (Mr X), 2 female (Ms YZ) (Unmarried)
Owner detail- Mr X:
Sex: Male
Age: 63 (Died 2 months back)
Married: Yes, has 1 wife (Mrs Y)
Kids: 2 male , 1 female (Jr ABC) (All above 18)
Property 1: Current owner: Mr X
Property 2: Current owner: Mr X, Big Z (50% Partnership)
Property 3: Current owner: Big Z
Additional info:
*Mr X, Big Z, Mrs Y, Jr ABC are all code names of the person next to it. I provided code names to avoid confusion.
*After the death of Mr X and Big Z, their was no property name change as of now. So they still are the current owners.
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Recall application rejection in state act while the reference made in central act
against a labour court award though mentioned as ex-parte (But not ex-parte as the employer has filed w/s, rejoinder, issues framed application but during argument after refusing to file documents case order ex-parte) employer file recall application after 30 days of the publication of award which was duly rejected.
The reference was made in central act, but the application was rejected in state act,as the application before the labour court was presented by authorised representative of the employer on PLAIN PAPER WITHOUT MENTIONING ANY ACT AND WITHOUT AFFIDAVIT,DELAY CONDONE APPLICATION.
Now the award has been challenged before the writ court.
Is this rejection of application in state act will have any serious implication before the writ court as the reference is made in the central act?
how this issue can be effectively dealt before writ court without any adverse affect on the award.?
is the any specific ruling in this matter which may help?
Do suggest with ruling PL.