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Anonymous   26 April 2011 at 15:11

gratuity

I want to know that how it implement in a company what the procedure and how to inform & formalities related to epf department

Anonymous   26 April 2011 at 15:05

ADVERSE POSSESSION

Respected Members/Experts,

Can any one post or make me available the Judgment of Hon'ble Supreme Court, where it is observed "

LAW OF ADVERSE POSSESSION NEEDS CHANGE.

Where A bench comprising Justices Dalveer Bhandari and Harjit Singh Bedi,had observed this.

Thanks to everyone.

Anonymous   26 April 2011 at 14:48

Foreign investment in Partnership

Kindly clarify over the following:

FEMA regulations:

1.Investment in Partnership Firm / Proprietary Concern
A Non-Resident India17(NRI) or a Person of Indian Origin18 (PIO) resident outside India can invest by way of contribution to the capital of a firm or a proprietary concern in India on non-repatriation basis provided;

i. Amount is invested by inward remittance or out of NRE / FCNR(B) / NRO account maintained with Authorised Dealers / Authorised banks.

ii. The firm or proprietary concern is not engaged in any agricultural / plantation or real estate business (i.e. dealing in land and immovable property with a view to earning profit or earning income there from) or print media sector.

iii. Amount invested shall not be eligible for repatriation outside India.
2.Investments with repatriation benefits

NRIs / PIO may seek prior permission of Reserve Bank19 for investment in sole proprietorship concerns / partnership firms with repatriation benefits. The application will be decided in consultation with the Government of India.
3. Investment by non-residents other than NRIs / PIO

A person resident outside India other than NRIs / PIO may make an application and seek prior approval of Reserve Bank20, for making investment by way of contribution to the capital of a firm or a proprietorship concern or any association of persons in India. The application will be decided in consultation with the Government of India.

I) As per the above clause 2, what is the procedure( forms to filed) to get approval from the GOI to avail the repatriation benefits by NRI/POI? Can he repatriate the income earned over the investment without any GOVT approval?


II) As per the above clause 3, what is the procedure( forms to filed) to get approval from the GOI to enalbe a person outside India other than NRI/POI to invest in a partnership concern in India? Can this guy repatriate the invsetment and earnings without Govt's approval? If not, how to get permission for such repatriation?


kindly brief me the procedure to get approval for the above two cases .

regards

Anonymous   26 April 2011 at 14:27

Registration procedure with Customs - partner bein foreigner

What is the procedure to get registration under Customs by partnership firm engaged in manufacturing and exporting of engineering goods where one of the partner is a foreigner(not NRI) with 50% capital contribution?

regards

Anonymous   26 April 2011 at 14:26

Excise duty on Ayurvedic Product


Dear Sir
As per below links appears that as per supreme court no Excise duty applicable on Ayurvedic Medicines
1) parliamentoindia.nic.in
2) timesofindia.indiatimes.com/articles/ msid-1447233
3)www.business-standard.com/india/news/no-dutyayurvedic-medicine

Please reply me so that we can follow as per rules.

thanking you

Anonymous   26 April 2011 at 13:12

valuation of the property


Dear sir
My mother is likely to acquire two row houses through sucession of his brother since he expired on april. The query is to understand the valuation since we had paid some money as a bond in the court proceeding based on the paper value in which it was originally
purchased on 1996 thinking that my mother who is the only sister with blood relation and my uncle being unmarried when he expired and she will be acquiring this as a gift.
But now we had got a letter from the collector office in chennai stating that they will be visiting to confirm the value mentioned .\
pl give your expert advice if my mother is to acquire the property through gift is it that we have to revalue it as per present value and its locality and pay the defecit amount or what we had initially paid as a bond based on the purchased document is correct pl reply

Anonymous   26 April 2011 at 13:11

Retirement age of teachers from 62 to 65-HC order,Patna



Dear Sir/Madam,
Please upload the judgement of "Justice Mridula Mishra passed the order after hearing writ petitions filed by teachers of various universities and colleges in Bihar. Mishra directed the state government to raise the retirement age limit in conformity with the orders of UGC." made on 6th October 2009 as reported below:
http://jaibihar.com/hc-directs-govt-to-raise-retirement-age-of-college-teachers/13046/
I tried to access through website of HC of patna,but it asks for some authetincation code. I request my lawyer friends to help me in getting this order copy

Anonymous   26 April 2011 at 13:08

No Certi. issued u/s. 101 of Mah.co-op.soc.Act agnst surety



Please copying here a citation regarding above subject or send it to my email id urgently.
Sangali Urban Co-op. Bank Ltd. Vs Nandkumar Prashuram Prabhudesai
1994- CTJ-653. or any other citation applicable to above subject.
at our place CTJ is not available. so please copying the above citation urgenly. because on 22-12-2009 the final date is fixed. please

Anonymous   25 April 2011 at 21:09

Promissory Estoppel Applicable to any government .

OPINION Required in Depth If Possible With the Relevant Case Laws of SC Only.

1) SEZ (Special Economic Zone) Act cannot be changed by the Finance Act.
2) Invoking the theory of promissory estoppel according to which if a promise is made by the government in the shape of a notification or declaration and if the financial commitment is made I pursuance of the promise, there is no way in which the government can back out from the promise. So we can say that promissory estoppel is applicable to any branch of government or any state government & also to the central government.
3) The SEZ Act was made by the Commerce Ministry & not by the Finance Ministry so the finance ministry can’t change or amend any act which was passed by the commerce ministry. Is there any provision under Constitution Of India, 1949.


Especially on point no. 2 & 3 the case law is required & respected opinion is also required.

Thanks.

Anonymous   25 April 2011 at 08:06

fees

whats the meximum fees of a sat lawyer? i've got one who is taking 15K per hearing. but not a grat help in the case yet. so need to know accurately to find out how genuine our lawyer is.