Apurva Kumar
24 November 2008 at 21:32
Jogendra Nahak V St Of Orrisa, A.I.R 1999,pg-256,vol-ii. What was exactly held in this case? its relevency? Any D.B decision.
RAHUL
24 November 2008 at 15:05
Dear sir,
I am a graduate person and I am working uder a Taxation advocate last one year . I want to do MBA or LLB. Plz guide me which is better then above two choices and why. Plz guide me.
harshit
24 November 2008 at 14:37
Respected Experts,
I took a health insurance policy in last Novenber'07 from Relaince General Insurance. In June'2007 one of my family member was hospitalised for frecture and get operated. I have submitted the original papers and Insurance Company didn't give any receipt of the papers. A third company named Emeditek solutions Gurgaon is contracted by Reliance to pass the claim but nobody responded properly in this regard. hudreds of phone calls i have made thousand of emails i have sent either the mail messages are got boiunced or not responded. What should I do please help as earlier as possible.
Regards
Guest
24 November 2008 at 13:25
Expectations from the auditor and the Companies Bill 2008
The Companies Bill 2008, now pending with Parliament has initiated certain significant steps towards accountability, transparency and rationalisation of measures relating to audit and accounts. Some significant measures have been addressed by the Companies Bill 2008. It’s heartening to see that some of these are broadly in line with similar international requirements.The Bill has notified a list of services as prohibited services that an auditor of a company can never provide. Further, the provision of prohibited services or deficiency in conducting the audit would expose an auditor to a hefty penalty and knowing or wilful contravention can additionally attract imprisonment for one year. Such a conviction would additionally require the auditor to refund all remuneration received by him to the company and become liable to make good the loss arising out of his incorrect / misleading report to any other affected person.I believe this clause itself in the near future would perhaps lead to a great shake up within the profession. In addition, for listed companies, a framework for internal control is required to be mandated by the board and an audit certification of such internal control is separately required. By definition, every annual financial statement must be accompanied by a report of the Committee on Directors’ Remuneration. Thus, payment to directors would come under focus.The Bill envisages that a Chartered Accountant (CA) audit firm may also have partners, who will not themselves be CAs. This seems in line with the ICAI movement towards enabling multi-disciplinary partnerships. In a very welcome move, the government has dropped Schedule VI from the Bill and consolidation of accounts has been mandated.These have been long awaited reform. Family-owned / closely-held businesses with complicated structuring, may find living in a regime of mandatory consolidation quite challenging. While this has been a significant initiative by the Ministry of Company Affairs, there are certain matters of detail and certain prima facie lapses in drafting of the Bill. To cite an example, contrary to international norms and existing Indian law, an auditor can now hold securities, up to prescribed levels, in the company he would audit. This appears to be a step backwards. There was a lot of disquiet on the existing law prohibiting the auditors’ indebtedness in excess of Rs 1000. Inexplicably, instead of relaxing this guideline, the threshold has been removed and any indebtedness at all has been prohibited. This would make it practically very difficult for firms to be appointed auditors of telecom, electricity and other utility companies, since normal monthly consumer bills would render an auditor ineligible. However, on a contrary note, the Bill states that an auditor can provide a guarantee or security for indebtedness of a third party and even have a business relationship with his audit clients up to prescribed limits.The Bill requires the auditor to report whether financial statements comply with ‘auditing standards’. This is a clear error since financial statements are drawn up as per ‘accounting standards’ and have nothing to do with auditing standards. There is a responsibility cast by the Bill on the auditor to provide in his report, “any qualification or adverse remark relating to the maintenance of accounts and any other matters connected therewith”.Now, the last bit of this clause is too openly worded specially for a situation where a wrong auditors’ report would lead to severe penal consequences. Continuing a previous drafting error, the Bill requires the auditors to report “the observations or comments of the Auditors, which have any adverse effect on the functioning of the Company”. It is extremely unlikely that observations of Auditors will have an adverse effect on the functioning of the Company! Per
Legal Eagle
24 November 2008 at 12:45
Please can anyone tell me the difference between a Sale Deed and a Transfer Deed. Please , Very Urgent.
Rajan Salvi
24 November 2008 at 10:30
STIGMA OF RAPE
In an appeal against conviction for the offence punishable u/s 376(2)(f) , I have taken some novel grounds . The Appellant is convicted for 10 years R.I. and all evidence points towards his guilt. I would be very much indebted if the esteemed Advocate members/law students express their LEGAL OPINIONS [preferably supported by citations. General discussion please excuse ]. Boldly I have taken the grounds, but I do not know if I am right or wrong. Please comment and help out. [ I am convinced that there are absolutely no grounds for defence ]
[e] In the alternative and without prejudice it is submitted that the Ld Judge ought to have convicted the Appellant / Applicant for offence punishable u/s 376 and 511 of the Indian Penal Code. This would have been right and proper in view of the stigma attached by the society to a rape victim. By doing so , the Ld Judge would have prevented further stigmatization of the victim from being branded as a rape victim causing her serious psychological harm. [ as a damage limiting exercise , this would be just]
[f] That a person whose s*xual feelings are aroused by small innocent children ought to be looked at as a person with low self esteem with a deranged mind. [ which is a product of an abused childhood] and while sentencing , psychological counseling of the accused ought to have been ordered so that after completing the sentence , the accused person is let back into the society , not as a pervert but as a normal human being. This is necessary because after sentencing , by coming in contact with criminals there is a likelihood of more serious harm being caused to the accused’s mental health. Life is too precious to be allowed to wither away because of an impulsive incident by an under privileged accused. No soul is unredeemable.
[g] Under section 376(2)(f) :- whoever commits rape on a women when she is under 12 years of age shall be punished with rigorous imprisonment for a term which shall not be less than 10 years but which may be for life and shall also liable to fine.
Definition of rape u/s 375 , first explanation ‘ penetration is sufficient to constitute the s*xual intercourse necessary for the offence of rape.’ Various High Courts have consistently taken the view that even slightest penetration is sufficient to make out an offence of rape. In Madam Gopal Kakkar v/s Naval Dubey , the Hon’ble Supreme Court has held that ‘ even partial penetration in the labia Majora or the vulva or pudenda which in the legal sense is sufficient to constitute the offence of rape’.
It is respectfully submitted that construing strictly the word ‘penetration’ in section 375 of the Indian Penal Code, it strictly denotes that considering the female anatomy, it is only the hymen and no other part of the female anatomy which can be penetrated. Hence the offence u/s 376 ought to be considered established only when the hymen is penetrated and the male organ enters the v**gina. Superficial attempt to penetrate the v**gina would amount to outraging the modesty / knowing the women carnally and would fall short of rape. Such an interpretation is in the interest of child victims so that no stigma is annexed to them through out their life.
[ while arguing orally I will say ‘maximum sentence may be imposed but stigma should not be there on the child victim. Coming from the appellant side I know it is strange , but then this topic needs discussion.
venkat reddy
24 November 2008 at 07:40
in partition suit knowingly or unknowlingly on of the properties was not mentioned in the suit what will be the fate of the suit.
Shardul Dev
23 November 2008 at 22:15
Can a person, who in an advocate, appear as-
(1) a power of attorney holder on behalf of a party, and also
(2) an advocate to conduct the same case, and also
(3) a witness -
in a civil suit for injunction, restitution wherein the concerned party comprises of his family members and the suit is his family matter?
Shardul Dev
23 November 2008 at 22:15
Can a person, who in an advocate, appear as-
(1) a power of attorney holder on behalf of a party, and also
(2) an advocate to conduct the same case, and also
(3) a witness -
in a civil suit for injunction, restitution wherein the concerned party comprises of his family members and the suit is his family matter
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separation period for divorce
please tell me the duration of the period of physical separation among husband and wife which is necessary before filing for divorce.a friend of mine is not living with his wife for last 5 months.neither they talk over phone.they have a child 1 yr old living with his wife.they are married for 1 year.can he file a divorce case as he is not keeping good health and wants to re-marry.