Anonymous
25 December 2009 at 18:45
Sir/Madem,
A cheque was issued by a debtor to a creditor for a sum of Rs.4,50,000/- and the same was dishonored. By the time of issuing the said cheque, the total amount of debt due under the promissory note is only Rs.4,49,000/-. Original Borrowed sum is Rs.3,00,000/- along with interest it comes around Rs.4,49,000/-. Can the creditor file a Complaint under NI Act, for the prosection of the offence.
Anonymous
25 December 2009 at 18:41
Sir, i want to know about partnership registration procedure.
(1)Detailed Partnership Registration procedure in Maharashtra state
(2) Which Form have to be used?
(3)How much registration fees will be applicable today?
(4) any other guide on related matter
Anonymous
25 December 2009 at 18:38
I am staying in a house on rent since 1950.
owner has died, without making any will.
Owner has no relatives.WE are related but far relations.
I pay rent in court since last 20/25 years.
Pay all taxes since last 20/25 years. I have done extensive
repairs to keep house in living condition & have spend
lots of money. How can I claim prpoerty.
P.S.Subbaraman
25 December 2009 at 16:55
Whether ESI Act is applicable to Sea Food Industry ? Are there any case laws which exempts the said industry ?
P.S.Subbaraman
25 December 2009 at 16:52
Whether the provisions of Public Premises of unauthorised occupants Act 1971 over ride the provisions of Transfer of Property Act. In such cases whether action under Public Premises unauthorised occupants Act alone is sufficient ?
Anonymous
25 December 2009 at 15:12
Hello People,
I am facing a problem with a litigation in excise. It will be very generous of you if you can provide me some help.
The case is:
We manufacture both dutiable and exempted goods. We have received a notice from commissioner regarding payment of duty amounting to 8% of total price of exempted goods cleared from the factory. The commissioner has relied on rule 6(3)(b) of CENVAT Credit rules 2004.
We had oversightly availed credit on service tax of Rs 1,46,921, we maintained separate accounts for dutiable and exempted goods but it was very difficult for us to maintain different accounts for the services. Hence the commissioner has asked us to pay 8% of total sale of exempted goods which amounts to Rs. 2,67,94,099. It is worth noticing that we reversed the credit before any show cause notice from the department. The credit reversed consisted of credit 1. taken for excisable product and 2. exempted products, which in totality means that we reversed the full credit+penalty(which was calculated by us by their methods).
There are many cases in which there were judgement that ‘ if full credit is reversed it is equal to no credit taken’. Commissioner gave a decision against us and we are now in cestat against the decision given by commissioner.
Kindly, guide me if I am justified with my explanation?
Regards
Anonymous
25 December 2009 at 14:25
There is 498A case filed against me in 2002 and now it is at stage of evidence . But now development is we are leaving together and given application for withdrawn of case.
But lower court judge is showing misconduct and behaving very rudly.
1.he did not allow the compromise citing that it non-compoundable . we showed him citation of high court and supreme court.
2.he was asking our lawyer why you are taking initiate to close the case , let it run for longer period , what you will get by closing.
3.Third time he asked all evidence to come , but he did not take evidence and give next date.
4.on next date he say , I will take one evidence today only and gave next date.
5.This way he use to take one evidence and give next date for next evidence.
5.one day he called all accused and gave reason that we have to give some important information to session court and there is no electricity , we can take accused statement.
We explained him that I am doing job at 400km away from this place and its difficult to attain the date frequently. But he misconduct in open court, asking question, why you want to close the case. If you want to close the case then why you filed case. Let case run for another ¾ years.
I want complain against this judge , what the procedure and where to approach for complain?.
Can i send the complain through mail to session court , chief justice of high court or any judicial body.
Rgds
vasant
Anonymous
25 December 2009 at 13:45
i would like to know what is the difference between circle rate and actual rate.
I have allolted a industrial plot in my name in installment after I paid have all the instalment I have contacted to the financial institution to registered this plot in my name as per terms and condition of the allotment letter.
now i would like mentioned here that i have purchased this plot @ 40 lacs but when i contacted to the registrar office to registered this plot in my name they told me you have to pay stamp duty on circle rate which is 1.5 crore ,
please tell me what should I do in that case I will have to pay stamp duly around 15 lac lac which is very high amount and costing me around 40% the cost of the plot.
Thanks me in advance.
Anonymous
25 December 2009 at 13:33
I AM A PARTNER OF ABC WE HAVE PURCHASED A PLOT IN OUR FIRM NAME IN INSTALLMENT FROM FINANCIAL INSTUTUION BUT DUE TO UNAVIODABLE CIRCUMTANCES THE PARTNERSHIP FIRM IS DISSOLEVED AND I HAVE PAID ALL THE AMOUNT TO MY PARTNER TOWARDS THEIR SHARE INVESTMENT IN THE FIRM.
NOW I WOULD LIKE TO TRANSFER THIS PLOT IN MY NAME BECAUSE PARTNERSHIP FIRM IS DISSOLVED.
WHEN I CONTACT TO FINANCIAL INSTITUTION THEY SAID 1ST YOU HAVE TO REGISTERED THIS PLOT IN YOUR PARTNERSHIP FIRM NAME AND THEN GET THIS PLOT TRANSFEERD IN YOUR NAME BUT MY PROBLEM IS HOW I CAN REGISTERED THIS PLOT IN MY FIRM NAME WHEN THE FIRM IS DISSOLVED AND THE PARTNER OF THE FIRM IS NOT IN MY CONTACT.
PLEASE TELL ME WHAT SHOULD I DO.
THANKING YOU IN ADVANCE
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Querry related to transfer of flat
Hello friends,my query is based on Maharashtra co-operative Societies Act.
I am a lawyer.im giving legal advise to one society. where one person was the owner of the flat and his wife was the nominee of the flat. After the death of the person, wife becomes the owner of the flat and she nominates her 2 son(50% share each)as nominee.
Now the situation is this:-
Lady expired and her one of the son(1st nominee)also expired.Second nominee is holding the flat, and paying the maintenance of the society.he also submitted the necessary papers for transfer of the flat in his name, even he submitted the indemnity bond to the society..but he doesn't hv share certificate..he told us tht it was lost..and same is mentioned in the indemnity bond..the legal heirs of 1st nominee(wife and children of first son who is dead)and sister of 2nd nominee sent letters claiming the share in the flat..but their names are not there on society's record as nominee..they also claim that the original share certificate is lying with them...on the basis of indemnity bond given by 2nd nominee...resolution was passed in general body meeting, allowing transfer...but managing committee is not agree bcz other heirs claiming share in the flat and also claims that they hv original share certificate therefore they are not issuing him (2nd nominee)share certificate.
under this circumstances:- wht society should do?
1)can society transfer the flat in the name 2nd nominee who is alive and issue duplicate share certificate to him?
2)can society remain standstill abt transfer and asked the parties to bring succession certificate.
3)wht stand society shd tk?
pls guide me...thnxs in advance...