Anand Jha
14 December 2016 at 17:46
We are Edible & Non Edible Oil Manufacturer.
1.We are exporting non edible Oil and
2.The bye product (DOC) from edible & Non edible oil is also exported as well as sold for Domestic consumption.
For Packing and product handling, we have engaged contractor some of them have been engaged, on piece rate basis and some of on mandays, Now the Question arise whether the Service Tax payable on :
1) the Labour services used in factory for Non-edible Oil which is 100% exported?
2)the labour Services for product handling in factory used for DOC which partly exported?
3) Packing & Filling Activities of edible oil, which is sold to domestic consumer?
lordofrings
14 December 2016 at 17:46
Hi
Need your expert opinion on the following situation that I am going through -
1. Wife filed 498a
2. Then she filed application under CRPC-91 for return of "streedhan".
3. In the "streedhan" application, she wrote that she brought xyz things with her, then she wrote that we started harassing her and asked her to bring more (gold/money).
4. On the date of hearing, even before the judge could hear the application, we mutually agreed to return each others stuff. She returned to me what I gave her, and she took from me what she had brought.
5. Then we jointly gave an application that "without going into the merits of case, we exchange each others stuff and would like to withdraw this application". Judge then disposed the case.
Question -
Now, since we returned her stuff and withdrew the case without challenging her allegations like "we harassed her for dowry", does it mean that we accept all her allegations? Does this AUTOMATICALLY make us guilty under 498a?
namdev kadam
14 December 2016 at 16:25
My wife bro declared thru affidavit that their younger batchllor brother died intestate hence his property,they are only heirs now he sold room and also died then affidavit binding on his heirs to distribute share of room to other heirs.
Member (Account Deleted)
14 December 2016 at 16:02
hello respected team lawyersclubindia , a false evidence(Document) has been prepared and produced in court in her dovorce case and 498a case by my bhabhi.
what sort of punishment can she get or not after producing such false evidence in court on oath.
Our lawyer said that under section 340 of crpc, she might be booked, but he never gave us clear picture. plz guide us
Member (Account Deleted)
14 December 2016 at 15:23
Dear Sir
My Father had taken agricultural loan of Rs.20,000/- from Bank of India (Ratnagiri Branch) in the year 2006 but the same is not known / inform to us (family members). In the year 2012 my father is expired. In the year 2014 suddenly the branch manager from above mentioned branch inform me about this loan through my friends in my native place. after few days I visited the branch & had meeting with the branch manager. I asked branch manager to issue notice to me (for loan recovery) or give me in writing the details of loan but he denied for the same. in the last 10 years (from the date of loan taken) we have not received any notice from bank for the recovery of loan/ installment.while discussion branch manager told me that this loan was wrongly treated / accounted in our system & it was not showing in our loan account & during the audit it is come to know. today the branch manager had came to my house & he was insisting my mother to sign some papers. now the bank is insisting to pay Rs. 46000 (20000 principal + 26000 interest)
Please advice on below points
1) How can i make sure that loan was taken by my father
2) how can bank wait till 10 years without recovery of loan
3) how can I check if government had waive off agricultural loan taken from farmers but because of bank mistake this loan was not waive off.
Thanks
shamsher singh dhillon
14 December 2016 at 14:50
ਮੈਂ ਇਕ ਕੇਸ ਧਾਰਾ 138 ਦੇ ਅਧੀਨ ਚੈੱਕ ਬਾਉਂਸ ਹੋਣ ਕਰਕੇ ਕੀਤਾ ਜਿਸ ਵਿਚ ਜੱਜ ਸਾਹਬ ਵੱਲੋ ਮੁਜਰਿਮ ਨੂੰ ਇਕ ਸਾਲ ਦੀ ਸਜਾ ਹੋ ਗਈ। ਜਿਸ ਤੇ ਮੁਜਰਿਮ ਨੇ ਮੌਕੇ ਤੇ ਅੰਤਰਿਮ ਜਮਾਨਤ ਕਰਵਾ ਕੇ ਉਪਰਲੀ ਅਦਾਲਤ ਚ ਅਪੀਲ ਦਾਇਰ ਕਰ ਦਿੱਤੀ ਅਤੇ ਬਾਅਦ ਵਿੱਚ ਹਾਜ਼ਰ ਨਹੀਂ ਹੋਇਆ। ਉਪਰਲੀ ਅਦਾਲਤ ਨੇ ਅਪੀਲ ਖਾਰਜ ਕਰਕੇ ਸੀ ਜੇ ਐਮ ਕੋਰਟ ਨੂੰ ਮੁਜਰਿਮ ਤੇ ਕਾਰਵਾਈ ਕਰਨ ਦੇ ਆਰਡਰ ਕਰ ਦਿੱਤੇ। ਪਰੰਤੂ ਅੱਜ ਇਕ ਸਾਲ ਗੁਜਰ ਚੁੱਕਿਆ ਪੁਲਿਸ ਮੁਜਰਿਮ ਨੂੰ ਗਿ੍ਫਤਾਰ ਨਹੀਂ ਕਰ ਰਹੀ ਜਦੋਂ ਕਿ ਮੁਜਰਿਮ ਪੰਜਾਬ ਪੁਲੀਸ ਚੋਂ ਰਿਟਾਇਰ ਕਾਂਸਟੇਬਲ ਹੈ ਅਤੇ ਬਡ਼ੇ ਅਰਾਮ ਨਾਲ ਆਪਣੀ ਪੈਨਸ਼ਨ ਲੈ ਰਿਹਾ ਹੈ।ਸੀ ਜੇ ਐਮ ਕੋਰਟ ਵਾਰੰਟ ਭੇਜਦੀ ਹੈ ਪਰ ਸਬੰਧਿਤ ਪੁਲਿਸ ਅਫਸਰ ਦਾ ਇਕੋ ਜਵਾਬ ਹੁੰਦਾ ਹੈ ਕਿ ਮੁਜਰਿਮ ਮਿਲ ਨਹੀਂ ਰਿਹਾ। ਜਦੋਂ ਮੁਜਰਿਮ ਉਹਨਾਂ ਦੇ ਮਹਿਕਮੇਂ ਵਿੱਚੋਂ ਹੀ ਪੈਨਸ਼ਨ ਲੈ ਰਿਹਾ ਹੈ। ਇਸ ਦਾ ਕੀ ਹੱਲ ਹੈ। ਮੁਜਰਿਮ ਕਿਸ ਤਰਾਂ ਗਿ੍ਫਤਾਰ ਹੋਵੇਗਾ। ਕੀ ਉਸਦੀ ਪੈਨਸ਼ਨ ਬੰਦ ਹੋ ਸਕਦੀ ਹੈ। ਜਾਂ ਸਬੰਧਤ ਪੁਲਿਸ ਅਫਸਰ ਤੇ ਕੋਰਟ ਕੋਈ ਐਕਸ਼ਨ ਲੈ ਸਕਦੀ ਹੈ?
Podhila.C.Mouli
14 December 2016 at 14:11
Greetigs Sirs.
CAN 498A CAN BE AGAIN FILED, ONCE THE SAME CASE WAS LOST BY WIFE (DISMISSED BY COURT AFTER PROPER TRIALS).
SAME WIFE SAID IN THE COURT, THAT THE ALLEGATIONS LIKE DOWRY, CRUELTY ETC., ARE FALSE AND CREATED BY HER PARENTS.
AND
AFTER THAT INCIDENT
A CASE WAS BEEN FILED BY THE WIFE ON HER PARENTS FOR MISLEADING HER, TORTURING HER AND FORGING HER SIGNATURE BY HER FATHER.
THE FATHER AND BROTHERS OF THE WIFE WAS BEEN BROUGHT (ARRESTED) TO THE (SAME, WHERE THEY REGISTERED 498A)) POLICE STATION FROM THEIR VILLAGE.
AND THE WIFE'S BROTHER WAS JUST SELECTED FOR SI POST AND WAS IN TRAINING.
NOTE: THIS ARREST ORDERS WHERE GIVEN BY THE SAME COURT. ONCE THEY WHERE SHOWN THEIR PLACE , THE CASE WAS LET GO...
WITH CONDITION THAT THE PARENTS OF THE WIFE SHOULD NOT DISTURB HER OR COME TO HER HOUSE.
NOW AFTER 8 YEARS OF HAPPY MARRIAGE.
THERE WAS A MARRIAGE OF WIFE'S YOUNGER BROTHER. AND WITH THAT THEY AGAIN ENTERED THE HOUSE/ LIFE OF THE WIFE.
PROBLEMS STARTED. SHE LEFT 3 MONTHS BACK FOR DASHSRA FESTIVAL, LEAVING 13 YEARS. KID. WITH ARGUMENT.
NOW I WOULD LIKE TO KNOW WHAT WILL HAPPEN OR SHE CAN FILE AGAIN 498A AND DV CASE.
.
HITESH SHAH
14 December 2016 at 13:43
RESPECTED LAWYERS,
IN FAMILY COURT COMPROMISE PURSIS FOR MAINTENANCE UNDER SECTION 125 WAS MADE AND SIGNED BY APPELANT AND RESPONDENT ON EACH PAGE AS WELL AS BY ADVOCATES OF BOTH SIDES AT THE END OF PURSIS.ON THE BASIS OF COMPROMISE PURSIS LEARNED JUDGE OF FAMILY COURT DID ORDER FOR MAINTENANCE AFTER EXPLAINING AND READING IN OPEN COURT.BUT AFTER 2 MONTHS APPELANT WENT TO HIGHCOURT AND DID CRIMINAL REVISION APPLICATION FOR MAINTENANCE .GROUNDS WERE 1) THREE MINOR CHILDREN CHILDREN HAVE NOT SIGNED 2) HER ADVOCATE HAS NOT EXPLAINED PROPERLY.HIGHCOURT ORDERED THAT PURSIS WAS IMPROPER ACCORDING TO CPC ORDER 23(1) AND 32(7) AND SET ASIDE .HIGHCOURT HAS SUGGESTED TRIAL COURT TO DECIDE MAINTENANCE BUT CONTINUE TO GIVE DECIDEC MAINTENANCE AS INTERIM RELIEF TILL FINAL JUDGEMENT OF TRIAL COURT COMES.MY ADVOCATE SAID THAT CIVIL RULE CAN NOT BE APPLICABLE TO FAMILY COURT.SIR WHAT IS YOUR OPINION?WHY SHOULD RESPONDENT SHOULD CONTINUE TO GIVE MAINTENANCE IF PURSIS HAS BEEN QUASHED.GIVE UR SUGGESTION. WHAT SHOULD RESPONDENT SHOULD DO?SHD HE MOVE TO SUPREME COURT?IS IT POSSIBLE TO ADMIT CASE AND TO TAKE STAY AGAINST HIGHCOURT ORDER.KINDLY REPLY.THANKS
HITESH SHAH
14 December 2016 at 13:33
RESPECTED SIR
IF SON QUARTERLY SCHOOL FEES IS ABOUT 15320/- IN THIS TOTAL 15320 , TUTION FEES 8520/-, LUNCH FEES 2100/-,OTHER FEE 4700/-. MY QUESTION IS THAT
1)TOTAL FEES IS TO BE CONSIDERED OR ONLY TUTION FEES ? BECAUSE IN INCOME TAX REBATE ONLY TUTION FEE IS CONSIDERED.IF RULE TO CONSIDER ONLY TUTION FEE FOR MAINTENANCE 125,KINDLY GIVE ANY SUPPORT/EVIDENCE/JUDGEMENT TO PRODUCE IN COURT.THANKS
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Money decree, insolvent application
Hello Sir,
1)Plentiff filed suit for Specific Performance in civil court.
2)Court ordered money decree in favour of Plentiff.
3)Plentiff preferred appeal in High Court.
4)Defendent got notice and appeared through lawyer in high court.
5)During hearing, due to change in rule below 1 Cr. matter got transferred to District court, without any order in matter.
5)All the process took 3 years from judgement.
6)Defendent appeared before ADJ.
7)50 days after appearence defendent gave Application to declare him Insolvent(pending for arguement and order).
Now, What are the options for Plentiff to get relief.
Please Guide.