L R Sharma
01 June 2011 at 17:43
Dear Experts,
I need the guidance for criminal prosecution proceedings initiated against my client in a JMIC court by Central Excise deptt. Please suggest the rulings and precedents by High Courts/ Supreme court of India. Regards, L R Sharma,Advocate.
Anonymous
01 June 2011 at 16:32
Can we merge credit amount of RG23A-II & RG23C-II with Service Tax Credit pertaining to utilization for DTA Sales.
We are maintaning serperate register and want to utilise credit of both (Cenvat/Service Tax)in DTA sale due to insuficint balance in induvidual head i.e. RG23A, RG23C & Service Tax. Please guide us w/suitable nofificate/circular. Enclosed sheet for kind review as we want to use it for utilisation.
Anonymous
01 June 2011 at 16:01
I alongwith my three friends want to establish a law firm at Patna(Bihar). but as we are a baby-born in the law profession with 3 and half years of law practice we are confused as to haw a law firm can be established(apart from its registration which we can do). how its work. anybody who has an experience in this regard can help us
Anonymous
01 June 2011 at 15:39
This is regarding my passport application for which I need my birth certificate. I was issued a birth certificate by Municipal Corporation of Nagercoil, Kanniyakumari district, Tamil Nadu. However, there is an error in my mother's name. This is due to name change she has undergone after marriage(Previous name: Kanaga, Present Name: Kanaka). My 10th marks card has my mother's present name. My birth certificate has the previous name. This is causing a problem for my passport application. We have got a gazette notification and deed poll for my mother's name change. The passport officer says since the notification and deed poll(2011) was drawn after the date of my 10th marks card(2005), its not valid proof. He insists that I must change my mother's name in my birth certificate to match the name in my marks card. However, the municipal corporation is refusing to make this change in spite of the proof. Please analyze my situation and let me know if there is a feasible solution as both parties are not willing to accept the proof. It seems like there is no way for me to get a passport. Because of this I have already missed one year of education for overseas studies. At this rate I can never leave the country. What are my options? Should I be filing a law suit against the municipal corporation? Your advice is most needed.
Anonymous
01 June 2011 at 13:58
Dear Sir/Mam,
I have owned a property [builder flat at indirapuram ,ghaziabad] in august 2010 and a home loan is also active on this property,
Question : i am not aware wheather , intkal/mutation is there for my property or not? how to check and if it is not there , what would be the next step for me to do so..
Pl help...
B.V.V.N.D.Prasad
01 June 2011 at 10:42
Originally the tiled house of 3 portions facing to west side is having lane of 1’-6” width at southern side. In the year 1933 one portion (Northern side) out of 3 has purchased by great grandmother of my wife.
Schedule of property in the above document is
i)House 12’-0” X 48’-0” = 64.66 Sqyds.,
ii) 1/3 share of common lane (Southern side) 1’-6” X 4’-0”= 2.65 Sqyds.,
Total = 67.31 Sqyds.,
and provided Easementary Rights providing 3’-0” width rear side (Eastern side ) of remaining portions (2) to reach the inmates in to common lane at southern side through this lane 3’-0” width providing rear side. Subsequently the remaining 2 portions sold to Smt. Yerramma in the year 1937. In the seal deed of 1937 the Easementary rights of earlier portion that was sold in 1933 clearly mentioned by the seller.
Subsequently in year 1993 due to disputes in family of great grandmother the house was placed in auction, In auction notification it is mentioned as area of building is 67.00 Sqyds with all Easementary Rights of the house that had.
My wife with having affection on great grandmother she purchased house in the auction in year 1993. The court receiver prepared document without mention clearly the previous schedule of the house. He mentioned the area of house as 67.00 Sqyds., with normal Easementary Rights, without mention 1/3 share of southern side lane and Easementary Rights over the lane of rear side of balance 2 houses.
We have provided Municipal tap line after purchasing in 1993 to our house and it passes through southern side common lane and 3’-0” wide rear side lane and also a small drain is passing through 3’-0” lane provided for easement and it passes through southern side common lane, we are being used the same drain to dispose of sullage water of inmates of our house.
Now recently the grand daughter who acquired the property of balance 2 houses through gift from Smt.Yerramma. Where in the gift deed Easementary Rights over 3’-0” wide passage not furnished by the donor wantonly got the injection order by showing the sale deed of our house which was registered by the court receiver and showing the gift deed, without showing the documents 1937 and 1933 and they have constructed a 3’-0” width wall across the 3’-0” passage and concrete plug was put in the small drain.
Now the dispute is in the Hon’ble Court
Let me know whether the old documents can be useful to prove our Rights even those document prepared by the receiver not specifically mentioned the Easementary Rights over rear 3’-0” wide passage.
Anonymous
31 May 2011 at 15:28
1. Whether conversion of a 1% non commulative convertible preference shares of Rs.100/- within a period of three years from the date of issue into one equity share of Rs.10/- at premium of Rs.90/- as per the term of issue is reduction of share capital whcih require court permission by virtue of section 95 of the Companies Act, 1956 ? if not, what is the procedure of conversion with ROC..
2. Whether the redeemption period of redeemable preference shares may be extend to 5 years whcih is 3 years as per the terms of issue, if both the equity and preference shareholders are agree for the same.?
Anonymous
31 May 2011 at 14:18
The issue is that we have huge stock of packaging material (MRP printed at bottom) lying with us and we want to use this and increase the MRP. Kindly suggest (a) how can we use the material lying with us and (b) how can we increase the MRP as per Legal Metrology Act, 2009 and Legal Metrology (Packaging Commodities) Rules, 2011.
suresh
31 May 2011 at 11:39
(a)Ancestral Property is a property that has remained unpartitioned in the family for 4 generations. In simple words if a person holds a property which from his great grand father came in his hand down the line will be considered an ancestral property
(b) As per HSA section 6, when a son is born to a male Hindu holding Ancestral property, father and son become entitled jointly and equally all rights over the property. In simple words the son acquires "birth" right over father's ancestral property
Great Great Grand Father -> self acquired property "X"
|
Great Grand Father
|
Grand Father
|
Father -> now, father is said to be holding an ancestral property X
|
Son -> has "birth" right on X, father and son equally share right on X
So Son has BIRTH right on unpartitioned Paternal Great Great Grand Father's self acquired property --> am i right ?
Note:
1) the birth right described above also holds good for daughters after HSA 2005
2) Great Great Grand Father has self acquired property X means:
- purchased X by his own labor
- Inheried X as its heir
- Got X via will
- Got X as a share being one of the coparcener after the partition
- Got X by "birth right" on his father's ancestral property after partition
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Criminal Proceedings U/S 9A and 9AA of CE act
Dear Experts,
I need the guidance for criminal prosecution proceedings initiated against my client in a JMIC court by Central Excise deptt. Please suggest the rulings and precedents by High Courts/ Supreme court of India.
Under what circumstances the proceedings can be quashed?
Regards, L R Sharma,Advocate