kalyan
27 October 2018 at 10:59
Hi respected experts,
am at final stage of my chartered accountancy course, mostly i will have the knowledge of Income tax act, Goods and service act, customs law, Companies act ,FEMA act, SEBI regulations etc.
but various business sectors will be governed by various central and state acts.
if i got new client in diff sector like chit fund business or co-operative sector like that...
how i will get the information that,,, which act will govern that particular business.... since we have more than thousand act...
kindly help me in this regard .....
Anonymous
27 October 2018 at 10:25
Dear Experts,
Firstly thanks to all of you for providing your valuable feedback on this forum, it has been of immense help for me.
Quick background to the case:
1) I have a CRPC 125 case undergoing, in which my wife has filed the petition stating while she is working, her salary is too less for her to maintain herself. She has claimed for maintenance amount of 50k stating that it is apt based on my income (She has not provided any evidence to this effect)
2) After I submitted my W.S stating the following points:
a) The burden of proof is on her to prove that her salary is too less and she is not able to maintain herself in the salary.
b) She needs to provide evidence to prove my income and how is the said amount justifiable.
3) Their is no application for interim maintenance.
4) After I submitted my W.S the CJM moved the case directly to evidence stage (without listing/framing of issues). In the evidence stage, my wife did not submit any evidence and through her counsel made an application for production of my Salary Slip and ITR for last 2 years.
5) In my reply to the application, I contested that the applicant needs to be rejected based on:
a) The burden of proving my salary is on my wife
b) The current stage of case is Evidence for the applicant, so she needs to submit all her evidences
c) I will submit my income details to the court during my evidence stage, subject to the applicant giving all her evidences before that.
6) Despite my argument the CJM, allowed her application stating that she is my wife and needs to know my income details, and has instructed me to submit the documents.
7) I am planning to file a revision/appeal in the session court for dismissal of the order on the following grounds:
a) The trial court is not following the trial process (Issues not being framed - directly moving to evidence stage - asking respondent to 1st submit evidence (salary slip) and skipping the applicants evidence phase)
b) I being the respondent - production of salary slip and ITR is against the provision of "Immunity Against Self Incrimination". if the information is required then the applicant can move through RTI act or ask court to summon my employer to provide details, but cannot ask me to provide income details.
c) In my reply to the application I have clearly stated that I will provide the documents during my evidence stage, only after the applicant comes to court with clean hands. Thus their is no need for such an order at this stage.
My query to the eminent experts:
1) Can you please provide me guidance/feedback as on whether I am on the right course or needs course correction?
2) I have no issue giving my salary details, but the CJM seem to in favor of the applicant. Thus my fear is he may pass an interim relief based on my salary without considering other evidences/facts (as he has done in this order).
Your feedback would be of great help.
Thanks and Regards,
rishu
27 October 2018 at 09:47
I am planning to start a pre-school and want to register the same. Can anyone help with what is the procedure. Also if someone can get it done with a fee that also is fine with me.
I want to initiate it in a week time.
arunkumar
27 October 2018 at 09:06
my wife has filed no of cases in family court and civil court against me under 498a/dv act/etc though she is staying in my flat along with her parents since last 4 yrs.i am staying in the same flat but having food outside. the flat is registered on my name and my wife jointly.. Her parents are threatening me and giving mental harassment staying in my flat.I want to remove them from my flat legally under which ipc section .House trespass /encroachment etc.She also take tuitions in my house and earning good money about 70 k per month .because of no cases filed by her i can not get a good job and earning about 15 k per month.my parents are staying separate but she still try to involve them in criminal cases by giving false complaints.i have a son of 15 yr old.
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How to find out which legislation will govern
Hi respected experts,
am at final stage of my chartered accountancy course, mostly i will have the knowledge of Income tax act, Goods and service act, customs law, Companies act ,FEMA act, SEBI regulations etc.
but various business sectors will be governed by various central and state acts.
if i got new client in diff sector like chit fund business or co-operative sector like that...
how i will get the information that,,, which act will govern that particular business.... since we have more than thousand act...
kindly help me in this regard .....