vsreddy
06 April 2011 at 22:29
can a family court or a immigration desk at Airport are empowered to seize or impound :
a. passport of an Indian Citizen
b.Passport of a foreign citizen (PIO)
Passport act says that other than passport officer others don't have the powers but there are hearsay and rumours that central govt. have issued a G.O. empowering the family courts.
can I be enlightened on this?
Anonymous
06 April 2011 at 22:03
Sir,
my friend works in a PSU in delhi since 2001.her permanent address is in orissa.In sept'2005 she had applied for a passport in permanent address( As the agent told her that passport can be issued from permanent address as she is living alone in delhi ). But while she came to her office in Delhi she got to know that NOC is required for PSU employees.so she applied for NOC and got it in April'2006.In the mean her passport got issued from her permanent address.Now she is at double fault. 1. For not using her NOC for obtaining passport. 2. Got her passport issued from her permanent address without showing that she is a govt employee.Now she is in severe mental stress.She fears that she may loose her job as well as Passport office may take action against her. Kindly propose what action she should take now.(While reissuing her passport she will need NOC from her company again for which she has to give the details of her previous passport).
Ur urgent help is needed .Kindly help .I can’t see her in this condition.
AMIT BAJAJ ADVOCATE
06 April 2011 at 22:02
I have seen some cases where the VAT tribunal in Punjab has remanded some cases to the designated officer for deciding a fresh on penalty proceedings. For example recently I saw a case where the Tribunal remanded the case (where penalty u/s 51(7) of PVAT Act was levied) giving reasons therein that the inquiry was not conducted properly by the designated officer so as to come to conclusion whether there was an attempt to evade tax or not and consequently whether penalty should have been levied or not.
In my view if an order of penalty is suffering from procedural infirmities due to fault of the authorities leving penalty, then such order of penalty should be quashed instead of being remanded, more so in tax laws which are welfare laws. The reason behind it which I find out of my judicial conscience is that subjecting a tax payer to penal proceedings twice in a welfare law would be prejudicial to his interest and also would amount to double jeopardy and causes unneccessary hardship and harrassment to such tax payer.
Tax payer should not suffer for the fault of the department officials committed in initiating and concluding penal proceedings.
Please provide your valuable comments in this regard
Anonymous
06 April 2011 at 20:29
Nothwithstanding anything contained in other provision of the act & subject to other provision & Also more opinion on non - obstante clause.
the mentioned points have been explaine by the SC in detail in the below mentioned case law . but i have tried to find under the indiankoon & other citation available sites & not able to have the hole context of it can anybody provide me the hole context of it
Supreme Court in South India Corp Ltd vs. Secretary, Board Of Revenue (1964) 15 STC 74.
Anonymous
06 April 2011 at 20:09
There is a provision that under MCS Act 1960 section 154 you can approach Divisional Joint Registrar for revision against Recovery certificate and any other action like auction of property etc.
In the present case application is made before Div. Jt. Registrar but the Registrar is on Leave and no charge has been given to any other official to dispose of the cases.
In such circumstance what is the remedy available for Borrower?
The suptd. is not ready to acknowledge the application nor ready to write anything or any comment.
In such case to stop the special Re. Officer from taking steps what action can be initiated by the borrower?
Anonymous
06 April 2011 at 19:56
Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.
actually not understood the meaning of (involve an infringement of copyright subsisting in a person other than the State.)
as how to know that the person is below poverty line becasue if the person is below poverty line he is exempt form paying the fees ?
Anonymous
06 April 2011 at 17:22
Sir/Mam,
I m 2nd Year student of BBA LLB. My query is regarding my project topic:- Administration of Justice in Calcutta till 1726(Constitutional and legal history).
Actually,in this topic i m not getting sufficient material. so kindly help me and give some good material on this topic which can help me in my project and for presentation also.please reply as soon as possible.
Thankyou
Anonymous
06 April 2011 at 16:05
WHAT WILL BE INCOME TAX & TDS TREATMENT ON AMOUNT PAID TO ANY ORGANISATION IN OTHER COUNTRY FOR SURRENDERING USE OF A TRADE MARK, SINCE WE WILL USE THAT TRADE MARK IN HIS COUNTRY?
Anonymous
06 April 2011 at 16:03
Dear Sir,
My uncle Living in Jogeshwari where he lives in light bill & ration card is on his name but pagadi system rent receipt in his father name so there property gone for SRA Scheme so his father is in native place he can not come every time .& my uncle have one brother also
so brother can give no objection certificate & transfer room to my uncle name for Good for SRA scheme & uncle making Declaration that this room may be in future 50% on his & 50% on his brother name so brother can demand for the rights for the rooms
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Pls guide on Pagadi system
Dear sir ,
I stay in mumbai in pagadi system bldg from 1977 on rent .Land owner has 4 son and 1 son was nt interested in property and taken his part long before. after death of three brother , son of three brother sold property to builder in 2006 and after that 1 son who has taken his part long berfore filed a case for right in property . As an tenent we paid rent to landlord and after 2006 we are paying rent to builder . we has recd letter from landlord son stateing we have sold property to builder and futher all rent he will be collected . we have paid rent all by cheque and from april 2010 he is nt collected rent and called him several time and gone to his office to meet him but he is nt ready to meet and talk on any problem or recive rent . Sir kindly let me know what should i do ? will any problem can create to me due to there internal fight as an tenant in pagadi ? what right i have ?
If building goes for redevelopment what right i should i get (area + corpus fund + rent etc) .
Kindly guide me and clear all douts .
Expecting your true and early reply
Thanking you,