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Kamlesh Kumar Rana   07 March 2019 at 12:53

Regarding msme act

Can a Retail Trader or Wholesale Trader can Take Loan Under MSME ACT ?
Kindly Guide me with Referance Section of MSME ACT.

Rajkumar Gutti   07 March 2019 at 11:43

P.f. on over time payment

We have paid to our workers over time on hourly basis
over time include basic wages, & other allowance.
Can on over time payment P.F.attract.

If yes , which section rules or any other advance ruling or any court verdict

please guides us

Maan   07 March 2019 at 07:43

Basic salary is rs. 65000 ,company deducting pf rs.1800 only

Dear Experts ,

My basic pay is Rs.65,000 but company is deducting only Rs. 1800 per month as PF.
I have salary slips with me. By law company has to deduct 12% of Basic employee + 12% employer share as per my knowledge.

Also company is deducting deferred amount near about Rs. 30000 every month.

I have resigned from the company , I want my balance PF amount employer share should be credited to my PF account as per my current basic.

My Question are :

1. Are company is liable to pay deferred amount at time of full and final settlement ?

2. By what means / channels I can claim by employer share of PF ?

Regards

Andrea   07 March 2019 at 07:35

Legal advice required please

Hello my name is - Andrea

We live in Bangalore ,
One of the expert replied and I did not understand what the respected sir told can anyone please look into this and help me please.

My boy friend was a 14 year old kid (Boy) and he kissed a neighbor girl who was10 or 9 as my other friend was challenging him that he cant do it I know it was a mistake that he did it

and it happend before 2007 as it is more than 12 years now and he is 27 years old.

Can the parent of the girl file a case against him now. Please let me know ,as we are afraid and my boy friend started to think more n more about this and we dont know what to do .

We would appreciate any solution on this above also can anyone tell us please will my boyfriend be in trouble, we are going through a very hard time any help would be appreciated

Also we are getting married and my boyfriend is only thinking about this your advice will truly help us.

Anonymous   07 March 2019 at 02:19

Unregistered will in favour of 3rd party

My father and Mother were living separately for almost 3 decades but not divorced. I stayed with my Mother. And I was in touch with my father until around 5-6 years ago. Recently, my father died and we were not notified of his death and couldn't even perform the last rites. When we came to know about this later in the day, we went to his place and found that one of his employees and her husband are staying there...! They were not ready to even allow us in my father's house. We inquired about his death and came to know that he was suffering from various ailments and that he also had cancer in the last stage and was operated / hospitalized 3-4 times in the last 8-9 months. The couple was not at all co-operative and we suspected some foul play. We went to the hospital and the doctor was also not co-operative and he had issued a death certificate without carrying out a PM. So, after some questioning, we got to know that my father has prepared an unregistered will in her name and made her the executor. Also, got to know that the medical certificate was not of the same date as of the Will date. But, the couple had managed to gather 2 witnesses and also 2-3 people from the apartment where my father stayed. All of them are saying that he was in sound state of mind.
We feel that the couple has taken undue advantage of our family situation as well as his irrecoverable health condition and managed to get an entry into his house 6-7 months before his death. Eventually, they may have convinced him to do this Will in their favour.
1) What should I do to validate if the Will was made in a sound state of mind and / or without any foul play?
2) Should the medical certificate be treated as valid even if the dates are not matching?
3) The medical certificate also mentions only about his physical fitness and has no mention about the mental condition of my father. And so, the couple is banking on the 5-6 witnesses present while signing the Will. Is this legally valid?
4) The medical certificate carries only the doctor's signature and not of my father. Is this valid? Since the dates are not matching, we feel that there is a possibility of the Medical Certificate being obtained at a later date (probably, after my father's death...!)

Please advise.

Mohammed Rizwan Shaikh   06 March 2019 at 23:22

Builder purchased property through false mou

Respected Experts,
A partnership firm consisting of 4 partners having share as 30:30:30:10 holds 35% share in a land. A builder/ developer purchased 30:30:30 from the partners via registered agreement in 2014 and 10% share from the divorced wife of the partner via notarized MOU without the knowledge and consent of the partner in 2013.

The said MOU was executed on the basis of 2 fake Power of Attorney's of the partner. When the partner was alarmed, he filed WP in the High Court of Bombay in 2015 against the builder & others on his and firms behalf. As the matter did not come up for hearing due to long dates, the developer went ahead and appointed a sub-developer to develop the land in 2016.The partner expired in 2017.

The developer produced only the agreement of 90% share holder with the MCGM to get his file approved and not the 10% MOU . The sub-developer constructed 22 floors and is waiting for OC from the MCGM.

The last wife of the partner is still alive, she filed CS in the HC to become a party in the said WP and also filed complaints with the Municipal Corp. not to issue Occupation Certificate by showcasing how the fraud has been committed by the builder/developer and the divorced wife of the partner. .

Any judgments will be really helpful.

1.The builder completed the purchase of the land on false and fabricated MOU of a divorced wife, Is the sale/ deal complete with the partners and valid in the eyes of law?
2. What legal recourse is available with the financially deprived last wife and widow of the partner.?
3. The Advocate of the deceased partner states that nothing lies in WP, you will have to withdraw and file a suit?
4. Is there anyway to stop the developers file from further movement?
5. WP is still pending in the HC. Should the last surviving wife amend the WP and bring the fraud committed by the divorced lad and the developers?

Experts, please help and guide....God Bless

M. R. Shaikh

Anonymous   06 March 2019 at 20:44

Minor passport issuance

As per Muslim law, man in Islam are allowed four marriages. I am a second wife to my husband and his first wife name is included in his passport. I have a four month infant. Please advice process of getting passport issued to my kid. Currently my husband is abroad.

Ajey Panday   06 March 2019 at 19:26

Defamation

I was filed a wrong FIR on me and I was forced to attend the lower court hearings. And case is still pending for 3 years with no proper proof or evidence filed. Though I have filed for quash which is in progress in High court, I want to file a defamation. Kindly advice under which section and which court I should.

Andrea   06 March 2019 at 17:24

Please help us

Hello my name is - Andrea My boy friend was a 14 year old kid (Boy) and he kissed a neighbor girl who was10 or 9 as my other friend was challenging him that he cant do it I know it was a mistake that he did it and it happend before 2007 as it is more than 12 years now and he is 27 years old.

Can the parent of the girl file a case against him now. Please let me know ,as we are afraid and my boy friend started to think more n more about this and we dont know what to do .We would appreciate any solution on this above also can anyone tell us please will my boyfriend be in trouble, we are going through a very hard time any help would be appreciated

Anonymous   06 March 2019 at 14:18

stamp duty on a transfer of ownership to ex husband

I got a divorce decree in a UK family court on mutual consent basis from my wife. As per terms of settlement, she has to transfer her part of ownership rights in a jointly owned flat at Bangalore. As she is unable to come to India at present, it is decided that a POA will be executed by her through Indian embassy in UK. However, I want to know answers of a few questions in this regard.
1. Divorce degree is already finally given. Now the question is will I be able to get lower stamp duty benefits in India , if a gift deed is executed by her poa ?
2. What should be the status to be shown in POA while executing it in UK before Indian embassy, an ex-husband or simply husband ? If ex-husband is shown, will it affect lower stamp duty chances ? If simply husband is shown, it will be factually incorrect as divorce decree is already given.
3. It is almost 6 months have already passed when the divorce decree was pronounced in UK family court. Is this decree needs to be ratified in Indian court also for the purpose of remarriage and other property related transfers.
4. Please suggest other appropriate methods to save on stamp duty charges.