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Dheeraj Singh   18 November 2009 at 17:36

Agreement with placement agency

Res Sir,

my pvt.ltd. company are ready to execute agreement with the placement agency to provide the new recruitment.

What is the essentil terms & condition ?
and kindly suggest any cite where we find the sample of such agreement ?

i am greatful if someone provide such format for agreement

Regards,

manoj gupta   18 November 2009 at 17:32

central excise

I wish to seek your valued opinion on the following matter of Central Excise.
CEGAT had passed an order confirming the demand adjudicated by the Collector, CE, Kanpur. Since there were few questions of law involved, I filed REFERENCE Application in High Court and High Court had allowed my Reference Application and called up on the CEGAT to send the Statement of facts to Hon’ble High Court for its opinion/further orders. The CEGAT had already sent the details to Hon’ble High Court and notices have also been issued by the High Court for filing of Vakalatmana & Paper Book which too has been filed by parties. But the case is still pending in the High court and has not been listed for the last 6-7 years. Since, Stay had not been granted in this REFERENCE case, the Department have been pressurizing me for payment of dues/demand. My submission to the Department has been that the Order of the CEGAT is no more a final order once the REFERENCE Application has been allowed and thus the unconditional Stay granted to us while filing the appeal in the CEGAT becomes operative.

Kindly favor me with your valued opinion and also oblige me by providing me some case law etc which may be submitted the Department so that they may not press me for recovery of dues till the decision by Hon’ble HC.

Regards.

Anonymous   18 November 2009 at 17:00

Apex court of India findings on court decrees.

Respected Sir,
Can you refer me at least one or two findings of Supreme court decisions in respct of maintainbility/non maintainibility of an un executed court decree, after 12 years.

malashree   18 November 2009 at 16:40

Regarding pecuniary jurisdiction

1. In a partition suit case the plaintiff has valued the suit for partition for the purposes of fees and jurisdiction at Rs.250/- only. The defendants have submitted that the concerned court had the pecuniary jurisdiction to entertain the suit having value more than 3 lac. and requested to court that the plaint is liable to be returned/rejected under order 7 Rule 10 CPC being without pecuniary jurisdiction. Please clarify in detail about pecuniary jurisdiction and its implications and related courts cases/judgements.

Anonymous   18 November 2009 at 16:36

Property Laws

Hi,

Could any one guide me on rate of stamp duty for commercial and residentail premises on leave and license basis in mumbai?

VENKATESH HEGDE   18 November 2009 at 16:00

TIME LIMITATION

i have agreement of sale of immovable property of Rs 30,00,000 now that property is sued before a court by 3rd party. my question is could i sued for specific performance of contract? this month time limitation period will be ended.what is the time limitation for file a suit for specific performance of contract in case of lis pendent?

Gargi Ranade   18 November 2009 at 15:49

DTA Sales entitlement for EOU .

Respected Sir/Madam,
I am working as a Company Secretary of 100% EOU ,I have a Query regarding DTA entitlement.

1. Sale to EPCG License holder is treated as Deemed Export. Can we Add this deemed export in Export while calculating DTA entitlement which is 50% of FOB of Export.

2.If EOU have "NIL" DTA Entitlement can it sale to EPCG Licence holder as same will be treated as deemed export and will not be treated as DTA sale.

3. If sale to EPCG holder is ultimatly for Export promotion then how can it eat Entitlement itself .

I have this doubt due to ambiguous and vegue statement in FTP in para 6.8,6.9

I have one case[2006 (194) E.L.T.344 (Tribunal) ] in which Tribunal decided that EPCG sale should be treated as a Export for computing DTA Entitlement. Can a dec. taken by tribunal is sufficient to prove my side.kindly help its urgent .

Anonymous   18 November 2009 at 15:13

specific relief act

Can you brief me about Specific relief Act, what it deals with?

Member (Account Deleted)   18 November 2009 at 15:11

138 notice second time

First Sec.138 of NI Act notice issued against Mr. B. Thereafter, Mr. B called for settlement and asked to wait for 15 days.

Now, Mr. B denied for settlement, S. 138 notice period passed by 40 day...

Can second time notice U/sec. 138 of NI Act is permissible or what would be a remedy for this?

Prince George   18 November 2009 at 14:54

Stamp duty on service agreements

Dear All,

Can any one tell me what are the law relating to stamp duty on any service agreement entered in mumbai.To be very precise stamp duty on brand promotion agreement that my company enters in to with its customers.Also whether any stamp duty is required to be paid on "Non disclosure agreements"


Regards

Prince