Anonymous
27 May 2018 at 10:22
Hi All,
My wife is working in Pvt Ltd firm, having total 11 members , out which 9 are permanent working employees and 2 of them are directors.
When she asked for maternity benefits , there CA refuse that, stating the reason for maternity benefits there should be at least 10 permanent working employees at that time excluding directors of the company.
Can someone please confirm is this is correct statement in terms of maternity benefits and is there any way to challenge them
Thanks
Santhosh Kumar
27 May 2018 at 01:54
The mode of assessment in our office for scientists changed from time bound to flexible complimenting scheme and finally to modified flexible complementing scheme w.e.f. June 2014. However, timely DPCs have not taken shape citing administrative delay, due to which several senior officers who stood good chances for career upgradation have failed to get opportunity. Senior officers (3 Nos.) approached CAT for relief, that their assessment be carried out as per old scheme and given a verdict for implementation within six months. The office failed to implement the same within stipulated time. Now, Ministry approached High Court to challenge verdict of CAT, because of which assessment of about 85 Nos. of officers is held up.
Qn.: Is there any way out that assessment of 85 Nos. of Officers be carried out, while the case of 3 Nos. of Senior officers vs. Union of India is not settled. Like any sealed cover procedure option!
Love
27 May 2018 at 00:38
Sir in domestic voilence case i am paying interim maintenance and case is in evidence stage and for last 4 hearings wife side has not produce any evidence what will happen if they fail to produce evidence.does her interim maintenance is stopped by court and case is dismissed.how shd i proceed further
jitendra manglani
26 May 2018 at 22:46
Please let me know In which Act/Code can I find the definition of words INVEST & LOAN. Any particular citation OF Supreme Court on the point that "lending money to one, comes within the definition of INVEST.
Rahul
26 May 2018 at 21:56
DID LOWER COURT REALLY SERVE
JUSTICE
No question on capability of our honourable judges. But did lower court really examine the fact of complainant?
Or it�s just a game of big lawyers?
In Faridabad the terror of private financier is on the move, and their targets are inexperienced youth of Faridabad. By lending quick loan at high rate of interest. And For security purpose they take 2/3 blank signed cheque and signed blank papers.
Once they suck whole blood of youngster by taking interest more than the triple of principal amount then they use blank cheques and blank signed papers as their weapons and file case in the court.
More than 90% of these financiers are unregistered. It�s illegal to give money on interest without registration of the finance company
So they take a shield of FRIENDLY LOAN
As there case ground.
There is no limit on the amount of so called friendly loan. And no questions asked by court to the complainant to describe this friendly loan. It�s like-
A gives 1 lac rupee to B as a friendly loan W gives 5 lac rupees to X as friendly loan
Y give 10 lac rupees to Z as friendly loan
Etc etc etc etc etcetc etc as friendly loan.
Many victims paid more than 15 lac rupees as interest but the principal amount of 2 lac remain outstanding and it goes on and on
The day financier saw nothing is left in the debtor, but to make sure that
ONCE A DEBTOR ALWAYS A DEBTOR
Financier distribute blank cheques to their friends and the cheque amount calculation done on the bases of debtor family. How much a debtor family can pay.
If a youngster belongs to a good family then they will fill 4-5 lac rs in each cheque
And the ground of each case will be FRIENDLY LOAN.
EMAGINE THE MENTAL LEVEL OF THE YOUNGSTER WHO IS SUFFERING FROM THIS TORTURE.
THIS IS THE STAGE WHERE MOST OF THE YOUNGSTER LOOSE THERE CONFIDENCE, THEIR INNOCENCE, THEIR SELF RESPECT AND MOST IMPORTANTLY THEIR CONTROL POWER OVER THE DRUGS AND WINE.
It's like a thief who entered a house. Stole a blank sign cheque. Some times a single missing cheque is hard to notice. Fill the cheque according to his need and present in the bank. If it gets bounce or even stop payment return, then he will file a court case and come in front of you with his group of 6/7 guys in court.
And you could not do anything but to face the trial as a accused
No wonder his chance of winning the case is much more than an accused
If court get strict on his level and examine the facts of the complainant can bring a big revolution on positive note.
Everybody knows the income tax is a right of government. Anybody who doesn't pay income tax despite earning a good income known as a thief. And it's court who gives the punishment to income tax thief.
The biggest concern is when a complainant files a case against anyone of 5,6,7,8,9,10 and more lac of rupees, the court somewhere gives favour to the complainant.
Which prove to be a disaster for the defendant.
At one side court punish the people who don't pay the income tax
On another side, the court gives back up to the individual who claims lacs of rupees given as FRIENDLY LOAN but never filed INCOME TAX RETURN.
Still, if the court gives the benefit of the doubt then at least court should look forward to it that mode of payment should be from a bank, not cash.
Complainant stands tall in the courtroom. Admit not filing income tax return and made cash dealing of lacs and lacs of rupees in front of an honourable judge but it doesn't matter to court at all.
At the time of dealing if a person doesn't use his bank for the transaction then why he demands money through cheque...
For who don't know about the friendly loan. The friendly loan is just an oral agreement. Nothing on written so no possibility of signing that.
Why our court is standing with unregistered financiers? Just because they say it a friendly loan. And court believes the ghost of financiers or court is in favour of work overload.
If court order that people's claiming above two lac Rs but not filing the ITR return, cases will not be entertain. Then more than 80% of cases will perish from court.
Not only that there would be a rapid increase in the income tax revenue, it will close the window of fraud cases more than up to 65%, people will register their company properly. The sense of responsibility will develop in the brain of financiers.
Five out of ten youngsters of Faridabad are getting influenced by the unregistered financier's rapid growth (involving some guys related with Congress) and youngsters are following them and choosing unregistered finance line as their profession... Which means one more group into unsocial work, one more group of income tax thief, one more group of exploitation and importantly one more group to file cases in the court.
A government bank employee Mr Mangla a purely middle-class family man who spent his whole life in a bank. Well educated, he himself knows if a man needs to withdraw a huge amount of cash from the account the manager signature is required on the cheque. Which clearly States that every bank is in favour of cheque/DD/net banking transaction. Banks avoid cash dealings. Mr mangla filed 2 cases in court against a man. Mr mangla.is Employee of bank But still give FRIENDLY LOAN of 5 lac Rs in CASH. mr mangla�s son who have no source of income which clearly brief that it's actually Mr manga who gives one more FRIENDLY LOAN of 5 lac rupees in CASH.
5+5-10 lac Rs given so-called FRIENDLY LOAN IN CASH. Both cases are going on in court.
HANG ON! Mr mangla is yet not finished. He filed a case against a 27 yr old boy. Mr manga claiming that he purchases a shop from a 27 yr old youngster at 50 lac Rs in CASH, And the boy says that he took 10 lac Rs on interest from.mr manga. And Mr mangla took signatures on blank papers and on blank cheque FOR SECURITY, And now blank papers are forgly transformed in sale agreement and cash receipt.
Mr mangla�s mode of payment of fifty lac rupees is not through bank, the mode of payment of fifty lac rupees is CASH. mr mangla witness clearly denied any type of sale deal in front of him. It's just a pressure of senior colleague to sign the affidavit as a witness.
The real price of the property is Rs two crore fifteen lac. ( certified and attested by government approved valuer)
The agreement to sell is an unregistered agreement.
Mr mangla said at the time of signing the agreement to sell in court, at the same time he gave 50 lac Rs in court. (50 bundles of one lac rs)
But the date of cash receipt is different from the date of the agreement.
Mr mangla never got possession of the shop.
Mr mangla don't know the size of shop.
Mr Mangla paid 50 lac Rs cash in one shot.
Mr mangla don't know the per square feet rate of the shop.
Once a man makes full payment of the property the first step is to go for a registry of the property.
According to Mr mangla, the youngster told him that registry of a particular area is closed by the government
The fact is government never closes the registry of the particular area. And Mr mangla workplace and the property is in the same area.
Mr mangla first witness is his real brother so the credibility of his statement is very less. And second witness denied the sale deal in front of him.
Law says
WHEN THE DEFENDANT SPECIFICALLY DENIES THE EXECUTION OF SALE AGREEMENT THEN IT IS THE BURDEN OF PLANTIFF TO PROVE THE SALE AGREEMENT IS GENUINE ONE BY EXAMING THE WITNESS SIGNED IN THE SALE AGREEMENT AND ITS EXECUTANT. AND IF BURDEN OF THE PROOF HAS NOT BEEN DISCHARGED BY THE PLANTIFF. THE SO-CALLED AGREEMENT CAN NOT STAND IN THE EYE OF LAW.�
The effect of the decision will definitely play an important role in a youngster life and his faith in truth.
What will happen if the court overlooks their own law?
What will be the state of mind the youngster will suffer if justice is not served by the court.
What will happen if youngster lost his only source of earning despite all the truth?
What will happen if the court decision snatches his dad sign of love as the youngster lost his father at the age of 17?
What will happen to youngster family who have to marry a girl in the home?
What will be state of mind if the youngster came to know that justice is denied and he has to hand over his more than 2 crore Rs property in ten lac rupees?
Mr Mangla smiles on the face of the defendant and say that he will win the case within 3 yrs because of strong backup, the game is of high profile lawyers and the trial is just a time pass. as his lawyer is a retired judge?
What will happen if Mr mangla statement turns the table of justice?
SOME CASES ARE AS PURE AS WATER. LIKE THIS CASE WHERE NO ROCKET SCIENCE IS REQUIRED TO SEE THE TRUTH.
Actually, JUSTICE DENIED and Mr mangla won the case.
Rahul
26 May 2018 at 21:51
What point session court judges see to accept or deny the appeal in a property case
Anonymous
26 May 2018 at 21:27
Respected sir, can central government employees can change christain to muslim
And how to change all related documents
Plz tell me procedure
Anonymous
26 May 2018 at 19:08
My Grandfather passed away in year 1996. He left behind four legal heirs his wife(w), one son(s), daughter no 1 (d1) and daughter no 2 (d2). He left behind an unregistered will which states that the property should be transferred from his name to an HUF. The HUF today consists of deceased's wife, son, grandson, grand daughter, daughter in law and great grand children (7 members). The property is in possession of deceased's wife and son for the last 50 years. The daughters(d1 & d2) had signed a relinquishment deed in the year 2004 giving up their share in the property, the relinquishment deed was however not Registered and it was a mutual agreement between the heirs. As of today the daughters claim a right in the property as per the Hindu Succession Act 2005. Prior to year 2005 married daughters were not included in the share of property in case of an HUF. However the current law gives them a share in parental HUF by virtue of birth. Is this valid in case the deceased left behind a Will and was not aware of a law that gives share to married daughters in the property as well. The Will also stated distribution of other movable and immovable assets which were distributed among all legal heirs as stated in the will by the deceased. All those assets have now been sold by the individual heirs. The only property left is the house left behind by the deceased with a Will that it should be transferred to HUF. The deceased's son and wife are in a state of shock of the developments and have requested the married daughters d1 and d2 to adhere to their deceased father's will and get the relinquishment deed registered, however they are adamant of their rights as per Hindu Succession Act 2005. The property here is still in the name of the deceased and has not been transferred to HUF. Are there any references where the court considers that the deceased was not aware about the Hindu Succession Act of 2005 and his intentions and will were that the property stays within his HUF of which married daughters were not a part. What legal rights do we have today to get the property registered in the name of HUF without including the married daughters of the deceased. Should we go to court to get the will probated, there is no dispute over the validity of the will and all members should accept that their father left behind this will unless d1 & d2's intentions change, which looks difficult because all other assets have been distributed and accepted by d1 & d2 as per their fathers will. What should be our course of action in this situation?
Anonymous
26 May 2018 at 18:03
My father given a Shop to a tenant on 1 March 1998 on Rs. 1500 per Month (as per deed). currently he is paying me Rs.2600 (as per increasing 15% in three year).
now, i wanna to take self-possession on my Shop.
please advice me what is procedure and grounds of eviction.
Fact:- Father of Tenant manage the shop. Father of Tenant paying us rent while his son manage another shop in diff. area. is it cover in Sub-let??
which act, Punjab Rent act of 1995 or East Punjab rent restriction act 1949 applicable to my Premises??
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Bombay Public Trusts Act.
The internal auditors of a charitable institution registered under the Bombay Public Trusts Act, are elected by the general body at its annual general body meeting. Fearing an expose of frauds, the managing committee is not cooperating with the Internal Auditors in carrying out the audit.
Can the accounts of the trust be finalized and the AGM held , without the internal audit report ? Can the statutory auditor complete his audit and issue the report, without waiting for the Internal Audit report.?