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Anonymous   19 July 2010 at 20:12

Project Cost

Oue entity is in the Project Stage.On account of non-compliance of the terms and conditions of a contract,the Bank Guarantee given by the contractor was invoked by us.Can we reduce this amount from the project cost? The matter is subjudice.

P.ESAKKIMUTHU   18 July 2010 at 18:09

MINIMUM STATUTORY BONUS UNDER PW ACT

THE DEFINITION OF WAGES IN SEC 2(VI) UNDER PAYMENT OF WAGES ACT,1936 INCLUDES ANY BENEFITS WHICH IF THE TERMS OF EMPLOYMENT,EXPRESS OR IMPLIED WERE FULFILLED PL.QUOTE A SC CITATION THAT MINIMUM STATUTORY BONUS OF 8%(WHICH IS PAYABLE IN TERMS OF EMPLOYMENT) CAN BE CLAIMED U/S 15 OF PW ACT

prashant1314   18 July 2010 at 17:20

Leave Encashment - Factories Act

Dear Sir,

We are a medium sized manufacturing Company ( Private Limited ) registered under Factories Act - Pune -Maharashtra.

My boss MD wants to en cash the earned leave - leave on quarterly basis.

As per my best knowledge employer has to keep minimum 30 PL to the credit of respective employee & over & above can be encashed.

Request you to all seniors to throw light on it with any Apex Court Judgements.

You can assist me at personnel@emdet.com

Thanks in advance.

Prashant

NITIN   17 July 2010 at 10:54

TDS u/s 195

Our's is a limited company. We are making payments through credit card in foreing exchange for accessing certain sites in USA. The server is in USA.

It is monthly and /or yearly subscription charges paid for accessing the site.
If I go on a particular site, I will view the contents of the site broadly.But, if I want certain specific
information then I need to pay for it.

Are we liable to deduct TDS?

Anonymous   16 July 2010 at 23:25

Stamp Duty on Memorandum of Family Settlement

I have executed a Memorandum of Family Settlement which contains two parts one of transfer of immovable property sold through agreement to sale and shares of a listed company, the term of completion of Memorandum is 6 months by the parties. I had filed the same for registration alongwith agreement to sale and was impounded on account of Stamp Duty. The collector is treating it as Settlement Deed and is asking for Stamp Duty on shares at 2% of value which is around 8 Lac. I m on t conclusion that
1. No stamp duty is applicable as it will paid during transfer at 0.25 %

2. No Stamp Duty is applicable on demat shares

3. Moreover Delhi Stamp Act provides "Memorandum of Sale of Shares" as an entry wehere maximum Stamp Duty could be levied of Rs. 1000/-

Is I am right to go with the above three options or Collector of Stamp Duty is correct declaring it as Settlement Deed

Please advice, ASAP.


Veer Pratap   16 July 2010 at 21:06

CTC components

I want to confirm that whether we can add gratuity as a factor in the CTC offer to the employees. if yes, then what will happen in the case when the employee left the job after 3 years.As per payment of gratuity act he is not eligible. then what about the amount , if emloyee ask for that should we pay him or deposite the same in the gartuity amount of the company.

kiran   15 July 2010 at 22:55

Private Schools

Maharashtra Employees of Private Schools (Conditions of Service ) Regulation Act

A private school upto 10th is runned by a trust registered under Bombay Public Trust Act in Maharashtra

is it mentioned in any of the GR or Act as to HOW MUCH PERCENTAGE OF STUDENT FEES SHOULD BE SPENT ON THE SALARY OF TEACHING AND NON TEACHING STAFF.

Shree.   15 July 2010 at 22:10

Need citations?

Dear All,

I urgently need advice and judgements regarding the below matter:

Date of cheque presented and got dishonoured: 27.10.2003

cheque dishonoured recieved from Accused Bank: 29.10.2003

But Intimation of Return memo recieved from the complianant only on : 7.11.2003 ( Due to illness of Complianant)

Legal Notice send by Complainant's Advocate to the Accused on; 29/11/2003

Accused Acknowledged the Notice on :31/11/2003

Then Compliant filed u/s 138 & 142 to Magistrate on :10.2.2004(Filing along with condone delay of 27 days and the Magistrate condoned delay in filing taken cognizance of the Compliant)

1.Is there any Judgements regarding Legal Notice to be sent only after recieving return intimation memo from the Bank and then only Limitation period starts?Any High court or Apex court judgement regardng this issue?

2.After filing condone delay petition along with the Main Compliant,Magistrate taken cognisance,then the Accused cannot question at the time of Arguments stage ,after evidences over?

Citations Required?

Mohamed   15 July 2010 at 16:01

Type of Land

Hi,

I want to identify the type of property (Although the seller says that it comes under BBMP).

Kind Regards,
Mohamed

O. Mahalakshmi   15 July 2010 at 15:46

Victim Compensation

Learned Experts,

Can anybody kindly forward the 357-A Cr.P.C amended act 2009 which was published in official gazette with provisions.