Baskaran Kanakasabai
21 May 2010 at 16:25
The LA Act 1894 says in sec51:
"51. Exemption from stamp duty and fees. - No award or agreement made under this Act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same."
It only says that any award or agreement made under this Act is exempt from stamp Duty and Fees. It does not say that such award or agreement is exempt from registration or in otherwords not registrable.
Therefore the question arises as to which of the many non-testamentary instruments generated in the LA process by the LAO or the govt or court are registrable?
sanjiv batra
21 May 2010 at 15:47
A FIRM ‘X’ IS REGISTERED UNDER ESIC SCHEME AND GETTING JOB WORK (ASSEMBLY OF MATERIAL) FROM ONE OF HIS JOB WORKER ON JOB WORKER’S PREMISES. JOB WORKER IS NOT REGISTERED UNDER ESIC SCHEME, SINCE HE IS EMPLOYING ONLY SEVEN WORKERS. HE TAKES THE MATERIAL FROM THE FIRM ‘X’ AND DELIVER THE SEMI FINISHED/ FINISHED GOODS AFTER COMPLETION OF JOB WORK (ASSEMBLY OF MATERIAL) FROM HIS PREMISES. FIRM ‘X’ DO NOT HAVE ANY CONTROL & SUPERVISION ON HIS JOB WORKER’S EMPLOYEES & QUALITY CONTROL. JOB WOKKER IS FULLY RESPONSIBLE FOR ANY DAMAGE & QUALITY AND HE IS DOING JOB WORK FOR OTHER COMPANIES ALSO.
AT THE TIME OF ESI INSPECTION, ESI INSPECTOR ASKED FIRM ‘X’ TO DEPOSIT THE ESI CONTRIBUTION OF JOB WORKER’S EMPLOYEES, SINCE THEY ARE WORKING FOR THE FIRM ‘X’.
PLEASE CLARIFY, IS THERE ANY RESPONSIBILITY OF FIRM ‘X’ TO DEPOSIT ESI CONTRIBUTION OF HIS JOB WORKER’S EMPLOYEES OR NOT?.
THANKS
Guest
21 May 2010 at 13:11
If a priovate company takes over business of a properietorsip concern then whether proprietors experience and financial data for last 3 years shall be deemed to be that of a Company while submitting tenders for Government Works. Company is a new one and may not have experience and 3 years bs and P7L account. If it takes over a proprietor business then can it get proprietors experience?
Baskaran Kanakasabai
21 May 2010 at 12:32
"73. Right to proceeds of revenue sale or compensation on acquisition
(1) Where the mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears or revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgagee, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of any surplus of the sale-proceeds remaining after payment of the arrears and of all charges and deductions directed by law.
(2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (1 of 1894), or any other enactment for the time being in force providing for the compulsory acquisition of immovable property, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of the amount due to the mortgagor as compensation.
(3) Such claims shall prevail against all other claims except those of prior encumbrances, and may be enforced notwithstanding the principal money on the mortgage has not become due."
The quote is in respect of acquisition made after a mortgage is registered. What will be the status of the mortgage registered after the acquistion is notified under 4(1)?
Will it be considered by the court that the Bank that registered a mortgage "after 4(1) notification did so at its own peril"
as declared in the case of the judgement in SC 540-1996 against the purchaser of land after 4(1) notification?
Baskaran Kanakasabai
21 May 2010 at 12:12
I gather from the answers of the experts and texts of Regn Act 1908 that:
1. the sale deed entered in to between buyer and seller of a land above the value of RS.100 is a compulsorily registrable non-testamentary instrument.
2.the notification under 4(1) of LAACT1894 is a non-testamentary instrument.
In the event of both the instruments being related to the one and the same land and the first instrument being registered and the second being unregistered which one of the two will take effect against the other under sec 50 of the Registration Act which is as follows:
"50. Certain registered documents relating to land to take effect against unregistered documents
(1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act.
Explanation : In cases where Act No. XVI of 1864 or the Indian Registration Act, 1866, was in force in the place and at the time in and at which such unregistered document was executed, "unregistered" means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act."
nireekshan
20 May 2010 at 14:57
dear professionals,
i would like to know that which provision of Facories Act, 1948 can not be withheld during emergency period?
i came across this question in NET exame held on 27/12/09. pls help me to know the answer. i forgett the options.
BBB
20 May 2010 at 11:08
Respected Sir,
I am project finance consultant preparing project report on behalf of client and submitting to various banks & FI’s. My question is below
“ I am doing on behalf of client by chance client has given false IT return / Balance sheet / property papers / bank statement / stock statement etc letter on found that these are false then what is the responsibility of project finance consultant in the eye of law “
“ I am doing on behalf of client by chance client has made default with Bank or FI then what is the responsibility of project finance consultant in the eye of law “
Praful Dani
20 May 2010 at 10:35
Under the ULC (Urban Land Ceiling) repeal act, 1999, if the possession of the land has not been taken by the govt. before the law was repealed then does the land become free of the ULC act and can it be sold to anybody else ?
Abhijit Lele
19 May 2010 at 20:00
I am a doctor from pune.
I practise in a flat in building which is about 27 years old. the building is residential.
Recently i applied in the corporation to get my property taxed as per commercial rates.
The ratable value previously was something like 2500.
now they have calculated it as per present rates and it is a whopping 24000. that is almost 12times the old ratable value.
Can we go to court against this?
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term employment
i want to know the benefits and losses of term employment of six months . pl. guide me how to address epf & ESIC issues in such a senario