Latest Due Dates for Co-Op society Accouns, Audits and Returns*

📣 *Latest Due Dates for Co-Op society Accouns, Audits and Returns*📣

1. *Finalisation of accts*-  15th May as per Rule 61.

*2.Acccounts statement open for members* : from 16th May to 31st May as per Rule 61.

3. *Accounts to be handed over for Audit* -1st June as  Rule 61 second paragraph

4. *Audit Completion*:31st July..As per section 81.

5. *Audit Report Upload* - 31st Aug or 15th Sept. As per section 81 ...before issue of AGM notice.

6. *AGM Date*- 30th Sept. As per section 75 (1). No extension by registrar permitted.

7. *Mandatory Annual Return by Society* - by 30th Sept. As per section 79 (1A)..six types of mandatory returns.  And appointment of auditors within one month of AGM as per section 79 (1B).

8. *Mandatory Return by society About Auditor appointment* - one month from AGM or 31st Oct and generate e-order as per section 81 and section 79 (1A) other returns with reference to commissioner circular dated 22/08/2015 .

9. *Online Audit order generation by auditor* - 31st Oct. As above. As per section 79 (1A) other returns.

10. *Audit Rectification Report by Society*: 3 months from the date of submission of report by auditor. As per section 82

11. *Rectification report upload by Auditor thru Audit login*: Once received from society as per section 82.

*12.Verifcation of rectification report by DSA:*within 6 months of submitting the rectification report as per section 82 and Rules 73 read with circular of commissioner dated..22/08/2015.

*13.Submission of Income Tax Returns* - By 30th September.

Agreement to sell - Specific performance

DAILY LEGAL UPDATES

Agreement to sell - Specific performance - Absence of signature of purchaser on agreement - If document is executed by owner of property, purchaser is entitled to file suit for specific performance. (2017(2) Civil Court Cases 243 (Madras) 

Composite notice u/s 80 CPC and S.106 T.P.Act - Permissible and valid. (2017(2) Civil Court Cases 164 (Allahabad) 

Dishonour of cheque - Condonation of delay - Sufficient cause to be construed liberally. (2017(2) Criminal Court Cases 275 (Rajasthan) 

Divorce - Unilateral withdrawal of consent by husband in a petition for divorce by mutual consent, without any sufficient or just cause - Amounts to cruelty to wife. (2017(1) Civil Court Cases 377 (Delhi) 

Domestic violence - Husband levelled baseless and unproved allegations on the chastity of wife - It cannot be said that wife was living separately from her husband without any reasonable cause. (2017(1) Criminal Court Cases 349 (P&H) 

Impleadment of a party - Challenge to notice issued by Municipal Corporation for unauthorised construction - Applicants claimed to have ownership rights - In the suit the only necessary and proper party is Municipal Corporation. (2017(1) Civil Court Cases 709 (S.C.) 

Maintenance u/s 125 Cr.P.C. -  Partner of a live in relationship is entitled to maintenance. (2017(1) Civil Court Cases 747 (P&H)  

Consumer - Limitation - Loss or damage of insured goods -

*DAILY LEGAL UPDATES (05.07.2017)*
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Consumer - Limitation - Loss or damage of insured goods - Insurer caused delay in settlement of consumer's claim - Limitation cannot be strictly construed  where a supplier of goods or services caused delay in the settlement of consumer's claim. (2017(2) CIVIL COURT CASES 813 (S.C.)

Domestic Violence - "Adult male" in S.2(q) of the Act struck down and declared unconstitutional being violative of Article 14 of the Constitution - Proviso has no independent existence, having been rendered otiose, also stand deleted. 2017(1) Criminal Court Cases 001 (S.C.)

Maintenance u/s 125 Cr.P.C. - Principle of res judicata - Not applicable to criminal proceeding including proceedings u/s 125 Cr.P.C. (2017(2) Criminal Court Cases 822 (M.P.)

Permanent Lok Adalat - Does not simply adopt the role of an Arbitrator - Authority has to take recourse to conciliation mechanism - Matter adjudicated without conducting conciliation proceedings, held, not proper. 2016(Suppl.) Civil Court Cases 757 (Allahabad)

Rent & Eviction - Assignee/vendee - Tenant can challenge title of vendee if he has not attorned to the vendee - Payment of rent to vendee amounts to attornment which deprives him to challenge derivative title of vendee. (2017(1) APEX COURT J 256 (S.C.)

Res judicata and constructive res judicata - Principles applicable to criminal proceedings also. 2016(4) Criminal Court Cases 210 (Kerala)

Void document - A document void ab initio, can be ignored as a nullity and it is not necessary to have it set aside. (2017(2) CIVIL COURT CASES 703 (Bombay)

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Abetment - Doing something for the offender is not abetment - Doing something with knowledge so as to facilitate him to commit the crime or otherwise, constitutes abetment. (2007(1) APEX COURT J 066 (S.C.)

Bail - Offence u/ss 406, 420 IPC - Evidence not concluded within 60 days after the first date of recording of evidence of prosecution - Delay not attributable to accused - Accused remained in custody during all this period - Bail granted. (2010(1) Criminal Court Cases 203 (P&H)  

Co-sharer - Entitled to injunction against other co-sharer only when he is in exclusive possession. 2014(4) Civil Court Cases 173 (P&H)

Common questions framed and asked to all the accused - Do not subserve the requirements of Section 313 of the Code of Criminal Procedure. (2007(1) APEX COURT J 066 (S.C.)

Criminal trial - Magistrate accepting negative final report - Magistrate can take action on basis of protest petition - Plea of accused that having accepted final report Magistrate had become `functus officio' and was denuded of all powers to proceed in the matter not tenable. (2014(3) APEX COURT J 215 (S.C.)

Dishonour of cheque - Company - Director - The liability of a Director must be determined on the date on which the offence is committed. (2007(1) APEX COURT J 668 (S.C.)

Dishonour of cheque - Notice issued and served - Cheque again presented and again dishonoured - Complaint filed on the basis of second notice - Cause of action arises once - Complaint is not within time - Order taking cognizance set aside. (2010(1) Criminal Court Cases 618 (S.C.)  

Electronic record - Produced for inspection of Court is documentary evidence u/s 3 of Evidence Act. 2014(4) Civil Court Cases 535 (S.C.)

FIR - Name of every individual present at the scene of occurrence not required to be stated. (2010(1) Criminal Court Cases 031 (S.C.)

Maintenance u/s 125 Cr.P.C. - Admissions made in pleadings can be taken into consideration and acted upon. 2014(4) Civil Court Cases 366 (All.)

Mohammedan law - Gift  - Validity - Gift has to be unconditional - Conditional gift is valid but conditions are void. (2014(3) APEX COURT J 378 (S.C.)

Res judicata - Principles of res judicata do not apply where an order is passed by an authority which lacks inherent jurisdiction, the same being nullity. (2007(1) APEX COURT J 621 (S.C.)

Service - Erroneously withholding retiral benefits - Entitles employee to interest. (2014(3) APEX COURT J 526 (S.C.)

Statement u/s 313 Cr.P.C.  cannot form the sole basis of conviction. (2007(1) APEX COURT J 254 (S.C.)

Three dying declarations - Deceased was having acute pain - Minor discrepancies - Does not render it void - Dying declarations must be construed in proper perspective. (2010(1) Criminal Court Cases 631 (S.C.)  

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WILL is not a compulsorily registerable document. But beneficiary claiming under a WILL or a legatee or executor

There are two ways of disposition of property broadly. Testamentary and nontestamentary. WILL is testamentary disposition. All other means are nontestamentary.

WILL is not a compulsorily registerable document. But beneficiary claiming under a WILL or a legatee or executor named in the WILL to when proceed with the WILL would advertise in the newspaper stating that such a WILL has been executed with respect to specific properties mentioned therein and any other holding claim in the said properties may approach the legatee or executor within say one month failing which the properties would be executed as per the said WILL. This is because before executing it has to be confirmed that this is the LAST WILL. If there are no other claimants the WILL along with advertisement can be taken forward for registration with the registry and mutation can be effected accordingly. If there is any other WILL dated post to the advertised one or there is a CODICIL(amendment) the same would be the valid one.

In case of any disputes the same would need to be taken to civil court.
Probate is a document issued by civil court declaring that a particular WILL is the last and final WILL and is valid to be given effect. But according to my understanding only those WILLs executed within the presidency towns need to be probated compulsorily now , others are not.

You may also refer to sec 213 of Indian succession act for further clarifications.

Correct me if I have gone wrong pls.

Advocates under GST

Advocates under  GST

1. Under  GST  services  provided  by advocates are  exempt as  follows. Services provided by

(a) a  partnership firm of  advocates or an individual as an advocate other than a  senior  advocate, by  way  of legal services to- 
(i)  an advocate or  partnership firm of advocates providing  legal services;  
(ii) any  person other than  a  business entity; or  
(iii) a  business entity  with a  turnover up to rupees  twenty  lakh  (ten lakh rupees in a special category  state)  in the  preceding  financial  year; or  

(b) a  senior  advocate by  way  of legal services to-
(i)  any  person other than  a  business entity; or  
(ii) a  business entity  up to rupees twenty  lakh  (ten  lakh rupees in a special  category  state)  in the preceding  financial  year. Therefore, legal services  provided to a  business entity  having  turnover  exceeding  Rs 20 lakhs is not exempt.

2. Under  GST  advocates providing legal service  to any business entity  having turnover exceeding 20 lakhs  are  not  liable to pay GST  but GST  will  be  payable  by business entity under  RCM. under

3.    It  means legal services provided  by Advocates  to  any business entity  having turnover exceeding 20 lakhs    is a  taxable  supply.

4.  Now  we  consider  case of  non-senior advocate. He has  receipts from  legal services as
(a) From  individual advocates/  advocate  firms  Rs 1000000  [Exempt supply]
(b) From  business entities having turnover  below  20 Lakhs Rs 500000  [Exempt supply] (c  )  From  business entities having turnover  above  20 Lakhs  Rs. 1000000  [ Taxable supply but tax payable under  RCM  by business entity]

5. By  definition  “aggregate turnover”  means the  aggregate value of  all  taxable supplies (excluding  the value of inward supplies on which  tax  is payable by  a  person on reverse  charge  basis),  exempt  supplies, exports of goods or services or both and inter-State  supplies  of  persons having the same Permanent Account Number, to be computed on all  India basis  but excludes central tax, State  tax, Union territory  tax, integrated tax  and cess. So in this case  aggregate  turnover of  advocate  will  be  2500000 which is above  the threshold of Rs. 2000000 provided in section 22.

6.  Now  as per  section 22  every  supplier  shall  be  liable to be  registered under theAct in the State or  Union territory, other  than special category  States, from where  he makes a taxable supply  of goods or services or both, if his aggregate turnover in a financial  year exceeds twenty  lakh  rupees.

7.  Since  in the  given  case   advocate is having  aggregate  turnover of  Rs 2500000 and he  makes taxable supply  which is chargeable  under RCM  hence  advocate will be required to take registration under the  Act.

8. Since  they become  registered  person  by virtue  of  section 9(4)  they will be  required  to pay tax under  RCM  on  goods or services procured  from  unregistered  persons.

Auction Sale* – Setting aside of

*Latest Important decision reported in ALL SCR June 2017 part*

*Dt.02/05/2017*

*Auction Sale* – Setting aside of – Relevant considerations – It is not the material irregularity that alone is sufficient for setting aside of the sale – Judgment debtor has to go further and establish to the satisfaction of Court that material irregularity or fraud, as the case may be, has resulted in causing substantial injury to judgment-debtor in conducting the sale – It is only then the sale so conducted could be set aside under O.21 R.90(2) of the CPC.... *2017 ALL SCR 1080*

Heavy costs should be imposed on party making false contentions.*_

_*⭐SC: Heavy costs should be imposed on party making false contentions.*_

_Forged/fabricated contract - False plea of contract being forged/fabricated, action to be taken by Chief Justice or his designate to discourage, while exercising power u/s 11(6) of Arbitration and Conciliation Act._

_Section 19 - Forged/fabricated contract - False plea of contract being forged/fabricated, action to be taken by Chief Justice or his designate to discourage, while exercising power u/s 11(6) of Arbitration and Conciliation Act - If a party is found to have falsely contended that contract was forged/fabricated, Chief Justice or his designate may subject such party to heavy costs so that such false claims are discouraged._

_Case:_
_*Bharat Rasiklal Ashra Vs. Gautam Rasiklal Ashra & Anr.*_

_Citation:_
_*2012 (4) SCV (Civil) 512:*_
_*2011 (6) SLT 556:*_
_*2012 (2) SCC 144:*_
_*AIR 2011 SC 3562*_
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_*Shared by:*_
_*ADV. MAHESH VASWANI,*_
_*MUMBAI.*_
_*Mobile: 9821610888*_
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