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Simmi Diwedi

• News & Discussion (Miscellaneous Topics)  - 
 
The Supreme Court on Thursday (19.01.2017) refused to give legal sanctity to divorce decrees granted by ecclesiastical tribunals, popularly known as church courts. This means anyone remarrying after such a divorce decree would be committing the offence of bigamy.

A bench of Chief Justice J S Khehar and Justice D Y Chandrachud dismissed a four-year-old petition by Bengaluru-based octogenarian Catholic advocate Clarence Pais, who had sought legal sanctity for such decrees. He had pleaded that marriage and divorce among Catholics were governed by the church and in the absence of its recognition by law, unsuspecting men were facing prosecution for bigamy.

Pais had said hundreds of applications seeking dissolution of marriage were pending before church courts. He said, "The Code of Canon Law regulates and provides for the solemnisation of marriage by the parish priest of a church, as also declaration of nullity of marriage. The Christian Marriage Act provides for the solemnisation of marriage in a Catholic church in accordance with the provisions of the canon law and declaration of its nullity is regulated by the Code of Canon Law.

"If criminal courts, while considering prosecution under IPC Section 494 (bigamy), reject the application of canon law as the personal law of the Catholics, a very serious result will follow and hundreds of spouses under the second marriage will have to face prosecution, jail and fine. Canon law is the personal law of the Catholics of India and canon law has to be applied and enforced by a criminal court while deciding a case under Section 494 of the IPC and sanction of prosecution considered for alleged bigamy of a Catholic spouse who has married after obtaining a decree for nullity of the first marriage from the ecclesiastical tribunal."

The Centre stood firm. "In view of the provisions as contained in Indian Christian Marriage Act, 1872, and the Divorce Act, 1869, it is clear that the jurisdiction of ecclesiastical courts is excluded in the matter of divorce," it said in its reply affidavit filed through .advocate R Balasubramanian.
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Lenore Skenazy

• Criminal Law  - 
 
Baby Accidentally Suffocates While Mom Gets Her Bottle. Mom Charged With Her Death, Faces 25 Years

We sure do love to believe that bad things only happen to bad people

http://bit.ly/2jH4vRK 
... http://www.kcci.com/article/mom-charged-after-child-dies-in-changing-table-incident/8588247. The highlight: “The fact that she left the child alone for an extended period of time is what makes it criminal,” Des Moines police Sgt. Paul Parizek said.” My thoughts: She should not be charged as a criminal.
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Adv Haresh Raichura

• General Law Discussion  - 
 
How to measure Fees of a lawyer work? How does such systems work in other countries ?.. Here are some answers 
How do advocates / Lawyers charge Fees in advance countries ? Fees standardisation. 1) In India, for a same case, one lawyer will get Rs.25...
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Simmi Diwedi

• News & Discussion (Miscellaneous Topics)  - 
 
Chat conversation start
Fri 16:09
Workers for maintenance of building and electrical job etc. are to be covered under EPF Act.
M/s. R.K. Trading Co.(India) & Others vs. Union of India and Others, 2017 LLR 63 (Cal. HC)
Registered cooperative society employing less than 50 workers not to be covered under the Act.
The Vishkarma Indergarh Co-operative Labour & Construction Society Ltd. vs. Employees’ Provident Fund Organisation and Others, 2017 LLR 76 (P&H HC)
Any payment made to all employees would attract provident fund contribution.
Poompuhar Shipping Corporation Ltd. Tuticorin through its Managing Director vs. Regional Provident Fund Commissioner, 2017 LLR 24 (Mad. HC)
Sat 11:11
ITAT AHMEDABAD
Foreign tax credit - quantification of income for the purpose of computing admissible tax credit - The tax credit for both the jurisdictions is to be computed separately but in a similar manner as is provided in the respective treaties
No.- ITA No. 623/Ahd/2015
Dated.- January 3, 2017
Elitecore Technologies Private Limited Versus Dy. Commissioner of Income Tax Circle 2 (1) (1) , Ahmedabad
Foreign tax credit - quantification of income for the purpose of computing admissible tax credit - selection of assessment year - treatment to release of retention money - Indo Singapore tax treaty - taxation in source country and resident country - profitability of the projects while computing the Foreign Tax Credit in respect of doubly taxed income - Held that:- Right now, we are dealing with a situation in which a major portion of income, by release of retention money as also by addition of an additional user by the customer, is a somewhat passive income, even though in the nature of business receipt, and as such, to that extent, allocation of all the expenses incurred by the assessee, in respect of such earnings, will not be justified. As regards the income from maintenance contracts, the relates costs have already been allocated and the Assessing Officer has not pointed out any infirmity in the same. In this view of the matter, quantification of income for the purpose of computing admissible tax credit, as done by the assessee and as reproduced earlier, is accepted.
The tax credit for both the jurisdictions is to be computed separately but in a similar manner, as is provided in the respective treaties. So far as the tax credit in respect of Indonesian receipts is concerned, as noted above and in view of article 23(1) of the applicable tax treaty, it cannot “exceed the part of the income tax as computed before the deduction is given, which is attributable as the case may be, to the income which may be taxed in that other State”. The income tax is, therefore, required to be computed on proportionate basis
The tax has been paid, in this case, on book profits. To the best of our understanding, and particularly in the absence of any other method having been pointed out to us, only way in which be so done is by apportioning the actual tax paid under MAT provisions (i.e. ₹ 54,13,417), in the same ratio as double taxed profit to the overall profits i.e. 35,86,178:4,77,79,403. The amount of tax credit in respect of this income thus comes to ₹ 4,06,315, as against the actual deduction of tax aggregating to ₹ 5,71,878. The tax credit claim is thus admissible to this extent.
As for the tax credit in respect of Singaporean receipts, while the formulae for limitation under article 25(2) of the Indo Singapore tax treaty remains broadly the same as it is provided that the credit shall not exceed tax “which is attributable to the income which may be taxed in Singapore” but the first variable i.e. income taxed in both the countries would change. The figure of income taxed in Singapore as also India is 53,23,085. The MAT paid, relatable to this income, will be arrived at by dividing the same in the ratio 53,23,085:4,77,79,403 The amount of tax payable in respect of Singapore income, by the same formulae, works out to ₹ 6,03,107 which is clearly less than ₹ 5,41,029 which was deducted at source in Singapore. The tax credit of ₹ 5,41,029 in respect of Singaporean receipts is thus clearly admissible.
As against tax credit claim of ₹ 11,12,907, the tax credit of ₹ 9,47,344 is thus indeed admissible. To this extent, the claim of the assessee is upheld. - Decided partly in favor of assessee.
Sat 12:22
PF due date is extended by 5 days for Dec-16 dues paid in January.
Notification Issued Under The Old Criminal Law Amendment Act Still Valid: SC, JANUARY 13, 2017 10:37 AM

Merely because 1898 Code has been repealed and replaced by 1973 CrPC, could not affect the situation, the bench said.
The Supreme Court in Aires Rodrigues vs. Vishwajeet P Rane, has held that a notification issued under Criminal Law Amendment Act of 1932, is still relevant and the notification with reference to old Code of Criminal Procedure of 1898 should be read as having been issued with reference to Code of Criminal Procedure, 1973.

The Notification

The Union Territory of Goa (as it then was) had issued a notification dated 27th June, 1973, declaring Sections 186, 188,189, 228, 295-A, 298, 505 or 507 of the Indian Penal Code, when committed in the Union Territory of Goa, Daman and Diu, to be cognizable and Sections 188 or 506 of the IPC to be non-bailable when committed in the said territory. The notifications were issued invoking the powers under Section 10 of the Criminal Law Amendment Act, 1932.

Challenge before HC

When these notifications were challenged before the High Court of Bombay at Goa, it held that from 1st April, 1974 (when the new Criminal Procedure Code came into force) onwards, the offence punishable under Section 506 of the Penal Code is a non-cognizable offence. According to high court, Clause (b) of sub-section (2) of Section 484 of the CrPC 1973 saves only the notifications issued
10:41
High Court Bans Frivolous Adjournment Applications In Tax Appeals

The Bombay High Court has decided to take a stern stand to combat the menace of advocates seeking adjournment on frivolous grounds. It has made it clear that “No adjournments will be granted on the ground that the papers or counsel duly instructed are not available”.
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Robert Don Gifford

• News & Discussion (Miscellaneous Topics)  - 
 
... Washington Post Live · Live Chats · Real Estate · Cars · Jobs · WP BrandConnect · Classifieds · Partners · washingtonpost.com · © 1996-2016 The Washington Post · Terms of Service · Privacy Policy · Submissions and Discussion Policy · RSS Terms of Service · Ad Choices · The Volokh Conspiracy | ...
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Sumi loi

• Family Law  - 
 
Divorce lawyer: A great choice for couples going through divorce.
Divorce lawyer: Busby & Associates a great choice for couples going through divorce.
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Barry Seidel

• General Law Discussion  - 
 
Proud to announce my new blog, focused on probate and kinship matters. http://www.queensprobate.com/
Probate & Estates Blog is a legal blog by Barry Seidel. It is dedicated to topics pertinent to probate, wills, administration and estates.
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SUNIL S
 
Very good to know. I will see it. 
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Nicia Paust

• Criminal Law  - 
 
Hope I can get an answer I have a friend who has been locked up for 7 months had two continues in his case been denied bond what can be done 
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Richard Levi

• General Law Discussion  - 
 
The Life And Career Of Richie Roberts Practicing Criminal Defense Attorney
 
The Life And Career Of Richie Roberts Practicing Criminal Defense #Attorney & Inspiration For The Movie American Gangster : http://goo.gl/TtDZwd

#RichieRobert   #attorney   #career   #AmericanGangster  
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Ok nice
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Barry Seidel

• General Law Discussion  - 
 
New York Courts endorse "Limited Scope Representation". https://lnkd.in/dcSCZ6k This will be a great benefit to thousands of pro-se litigants as well as attorneys astute enough to offer such services. As I noted back in March, limited scope representation may not be the next big thing, but it is surely "A NEXT BIG THING" https://lnkd.in/dGJzpXU 
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Virtual Native

• Family Law  - 
 
Clients go to Oliveros Law Group for their skills, experience and established credibility. https://goo.gl/6Vr1Q2 
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Virtual Native

• Lawyer Resources  - 
 
Oliveros #Law Group is a proven resource for people dealing with a range of #legal #challenges. Let us prove it! https://goo.gl/6Vr1Q2

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Robert Don Gifford

• News & Discussion (Miscellaneous Topics)  - 
 
... Washington Post Live · Live Chats · Real Estate · Cars · Jobs · WP BrandConnect · Classifieds · Partners · washingtonpost.com · © 1996-2016 The Washington Post · Terms of Service · Privacy Policy · Submissions and Discussion Policy · RSS Terms of Service · Ad Choices · The Volokh Conspiracy | ...
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Robert Don Gifford

• News & Discussion (Miscellaneous Topics)  - 
 
"That Time I Turned a Routine Traffic Ticket into the Constitutional Trial of the Century"
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Corey Leifer

• News & Discussion (Miscellaneous Topics)  - 
 
Are Parents Liable for #Accidents Caused by Their Minor Children?
Interesting Question ! Read here : http://www.leiferlaw.com/2017/01/10/personal-injury-lawyer-parents-liable-accidents-caused-children/

#Attorney #Florida
The law varies from state to state. However, virtually every state in the country has some form of ‘Parental Responsibility Laws’. A general principle of law is that everyone is responsible for their own actions.
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jenny pretty

• Contract Law  - 
 
Make So beautiful and Sexy Lips
https://youtu.be/yVurIYRgaPc

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Sumi loi

• Bankruptcy Law  - 
 
Manage your finances well with the help of a Houston #bankruptcy lawyer.
Is your money putting you in a pinch? Are you considering filing for bankruptcy? If yes, then prudently hire a veteran Houston bankruptcy…
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Simmi Diwedi

• News & Discussion (Miscellaneous Topics)  - 
 
Gratuity can't be withheld merely due to pendency of criminal case.
Bank of Baroda and others vs. Appellate Authority under the Payment of Gratuity Act, 1972 & Others, 2017 LLR 18 (All. HC)
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