Staturory post
Guest
(Querist) 06 July 2014
This query is : Resolved
1. Is Managing Director of a Company incorporated under Companies Act, 2013 a statutory post?
2. What formalities should be completed to give charge of this post in a Government Company to an official of the concerned administrative ministry?
V R SHROFF
(Expert) 06 July 2014
All Academic query by SK
Guest
(Querist) 06 July 2014
This is a practical situation being faced.
Other experts, for whom query is not academic, may opine please.
Devajyoti Barman
(Expert) 06 July 2014
For me, it is academic too and do not post academic queries here.
Guest
(Querist) 06 July 2014
Reply to first query is either yes or no. What is academic in second query?
Are answers of these queries given in books?
If so, please name any of such books.
Devajyoti Barman
(Expert) 06 July 2014
Visit a law book store. You will get plentiful of those.
Guest
(Querist) 06 July 2014
This is a vague reply. I would like to know why this query is being dumped as ACADEMIC QUERY. This is a practical situation being faced.
I would request other experts, for whom query is not academic, to opine please.
Kuummaar AS
(Expert) 06 July 2014
Dear Sandeep,
Your query is interesting.
Statute means “A law enacted by a legislature” and Statutory means ”Of or relating to a statute” or “Enacted, regulated, or authorized by statute” The post of Managing Director is provided in Companies Act, 2013, which is one of the pieces of legislation, So, the post should be regulated by its applicable provisions.
As regards “Charge”, different terms are used like additional charge, current charge, ad hoc charge etc. for which you may refer to Fundamental Rules together with the Supplementary Rules, which are popularly known as FRSR. But here, the question would be whether such rules would be applicable in this case, which is governed by Companies Act, 2013.
You may contact somebody, who is specialized in Company Law and Government Rules.
R.K Nanda
(Expert) 06 July 2014
consult local lawyer.
Devajyoti Barman
(Expert) 06 July 2014
If it is not academic query then why are you not giving background facts and your relation to this query.
Guest
(Querist) 06 July 2014
Shroff Ji, Barman Ji, Kumar Ji and Nanda Ji, thanks very much.
I reiterate, this is a practical situation, which is being faced. I would again humbly request only those experts, for whom query is not academic, to opine please.
Devajyoti Barman
(Expert) 06 July 2014
Your concerted attempt of not giving any background facts to the query leaves no room for doubt that it is indeed an academic query.
Guest
(Querist) 06 July 2014
I have earlier been of the opinion that THERE IS A NEED TO COIN APPROPRIATE WORDS FOR DISCARDING QUERIES WHICH EXPERTS DO NOT WISH TO REPLY.
The word 'Academic' in the dictionary means as follows:
academic
Collins
World English Dictionary
academic (ˌækəˈdɛmɪk)
— adj
1. belonging or relating to a place of learning, esp a college, university, or academy
2. of purely theoretical or speculative interest: an academic argument
3. excessively concerned with intellectual matters and lacking experience of practical affairs
4. (esp of a schoolchild) having an aptitude for study
5. conforming to set rules and traditions; conventional: an academic painter
6. relating to studies such as languages, philosophy, and pure science, rather than applied, technical, or professional studies
IT WILL BE APPRECIATED THAT above QUERY DOES NOT FALL IN ANY OF THE ABOVE MEANINGS. THUS HOW MY QUERY HAS BEEN DUMPED AS 'ACADEMIC'. THE QUERY RELATES TO A SITUATION BEING FACED PRACTICALLY.
SUGGESTION (as already given in a situation like this)
Besides ACADEMIC QUERY, which query indeed is Academic, following can be considered to be used by experts so that querists may clearly understand the reason for which their query has been dumped by experts:
UNCLEAR QUERY, where query is not clear.
INCOMPLETE QUERY, where more details are required.
COMMERCIAL QUERY, where it is felt that query is to serve commercial interest
Similar terms used will help querists raise their queries properly next time.
Dr J C Vashista
(Expert) 07 July 2014
No reply for such academic query, stop this thread.
Guest
(Expert) 07 July 2014
Mr. Sandeep,
First of all, being a proprietor of some concern, how you are concerned with the posts of directors of a company? So, your query does not concern you or your business.
Secondly, company secretary or the CAs appointed by the company can well answer the queries of the director of a company. If not the concerend company can well afford to hire services of a consultant to get needed services. Charitable service by any company is quite uncalled for.
Thirdly, when you don't discuss what is the real problem and pose question like a student, as if you want to seek answer to some academic qeistion that does not indicate any practical situation, as you have falsely claimed.
Thirdly, your attitude is such, as if you are a class teacher and treat the LCI members as your students and try to command on them and force to answer your vague questionsm when you don't have any practical problem, as in the following cases:
http://www.lawyersclubindia.com/experts/Two-cases-458851.asp
http://www.lawyersclubindia.com/experts/Legality-459141.asp
Fourthly, if you are not aware of the academic questions that is your problem only, not of others. You should also know that none of us is compelled to hold tutorials for you. For that purpose, better read the topic related law books.
On your earlier questions also your attitude had been the same.
So, if there is any real problem with you in person, better state what is the practical situation, how you are related to that problem, and under what context you want to have knowlege on your desried topics. In that case the experts would willingly try to serve your needs.
Guest
(Querist) 07 July 2014
Dr. J.C. Vashista Ji, this is not right to say "stop this thread." This is highly objectionable.
Dhingra Ji, this is not academic query.
No doubt this requires specialised knowledge on the subject. That is why query has been posted on this forum. No body is bound to reply this query.
T. Kalaiselvan, Advocate
(Expert) 07 July 2014
since you have admitted that this query requires specialized knowledge, you may contact a consultant who is specially dealing with the subject issue or find out a person who suits your taste. You cannot command the experts to give their opinion to your query.
Guest
(Querist) 07 July 2014
Kalaiselvan Ji, why are you biased?
You have said
"since you have admitted that this query requires specialized knowledge, you may contact a consultant who is specially dealing with the subject issue"
YOU WANT TO SAY THIS FORUM HAS NO
PERSONS WITH SPECIALISED KNOWLEDGE?
You have also said,
"find out a person who suits your taste"
KYA BEKAR KI BAAT KAR DI.
You did not stop there and have ordered me
"You cannot command the experts to give their opinion to your query.
GALAT KYON KEH RAHE HO BHAI? KISNE, KAHAN AUR KISE COMMAND KIYA HAI.
Guest
(Expert) 07 July 2014
Mr. Sandeep,
Merely by your saying an academic query cannot become a practical situation, when you don't have any problem, when the issue does not relate to you, when you have not been awarded any statutory position by any authority or an act of law, when you have not been asked to give charge of the post in a Government Company, etc.
Why you try to waste time of others without discussing your real problem. Contrarily, you try to make mockery of others and cast aspersions on the community members who term your query as an academic query. Moreso, you try to impart lessons to all of us on what is academic and what is not.
If you are so learned and the most wise person of the world, as you assume, you do not require any solution from anyone in this forum. You should think yourself as the self contained person. Knowledge seekers should not be so arrogant like you. If you have come over here with the demand of some knowledge, please don't mind, you should also not forget the very common saying, "beggars are not chosers". So, you can't compel anyone to give any reply or specifically that suits your query or taste.
By the way, what is practical situation, which you have pretended earlier? You have not clarified on this point so far. So, how your query should be treated as qa practical situation.
So far as a director of a Government company is concerned, he knows his position & legal status as well as the formalities required of him while handing over his charge as director. A Government director, if in any doubt has the liberty to ask for the opinion of the company's legal department or even from the Ministry of Law. So, you need not worry about that practical situation associated with any third person as director of a Government company.
Guest
(Querist) 07 July 2014
Dhingra Ji,
Aap ne mujhe kaha hai
"you try to make mockery of others and cast aspersions on the community members"
Kripa kar ke wo saari Mockery aur aspersions sab ke samne zahir ki Jiye.
Uske baad Aap apni saari posts bhi zaahir kijiye jo mere baare me aap likhte hain.
Then, let us see, how you justify your statement.
V R SHROFF
(Expert) 07 July 2014
167 queries asked by you/ most of them academic in nature..
u rightly said " belonging or relating to a place of learning, esp a college, university, i e "U MUST LEARN THRU LAW COLLEGES, NOT HERE. ""
Guest
(Querist) 07 July 2014
Saare ek kayon ho gaye ho bhai. Koi Kalaiselvan Ji aur Dhingra Ji ki aaj ki posts ke baare me bhi to kuchch kahe.
Guest
(Expert) 07 July 2014
Mr. Sandeep,
Just tell how do you want to term your following posts:
1) "Dr. J.C. Vashista Ji, this is not right to say "stop this thread." THIS IS HIGHLY objectionable." Is not that your command or direction or advice to Dr. J.C. Vashist?
2) Your post aimed at Advocate Shri
T. Kalaiselvan,"KYA BEKAR KI BAAT KAR DI." Arey his monitor, teacher or boss to say such things? Is not that casting of aspersion on him?
3) You don't mention how the problem relates to you and try to tteach everyone the meaning of academic just to stress on others to reply to your academic queries. I not that a command to experts from your side?
In almost every query page of yours you try to insult the experts when anyone treats your query as academic, as if you are the most learned man of this earth. You don't hesitate to pass on your derogatory remarks on that fellow. So, if you are the most learned man, why you feel the need to come over here to get solutions. You seem to an affluent proprietor of a firm, who can very well afford to hire services of some local lawyer, but still you hanker after free advice of others that by trying to exert your command.
So far as my posts are concerned, all of those are available on this site. I don't post unethical replies, but I don't prefer to give replies to academic queries, as this is a sheer misuse of talents of the experts, while they are serving free of cost to provide solutions to the persons, who are in real trouble and don't know the nitty-gritty of law to save themselves.
People, who post academic queries having no concern with the issue, are either students or usually intend to harm others by gaining knowledge through academic queries without discussing the actual problem. Now since you are a proprietor of a firm and may be having some grudge in some contract with some Government company or its director upon which you can very safely be considered to be trying to do some act that may be harmful to the director of that company. That is why I personally do not like to provide any solution on such academic queries. For your information you may or may not treat your queries as academic in nature, at least I am not bothered on that. What I consider as academic, I don't feel obliged to provide any solution on that, even if I know the best of all solutions on that issue.
Guest
(Expert) 07 July 2014
Meri posts aapke unwarranted attitude ke response mein aur aapki adhiktar muftkhori ki aadat ke silsilali mein hai. Aapki personal problem ho to hamein uska nirakaran karne mein khushi hogi, lekin phir bhi yadi aap sahi tareeke se pesh aayen toh. Dhonse se ya doosron ko paath padhane se kaam nahin chalta. Lekin shayad aapko toh paath padhane mein maza aata hai. Meine dekha hai, aapki kabhi hi koi personal problem hogi. Duniya bhar ki (kam se kam 95%) problems aap lekar aa jaate hain.
Guest
(Querist) 07 July 2014
Respected Dhingra Ji,
Bade afsos ki baat hai ki aap "Dr. J.C. Vashista Ji aur Shri T. Kalaiselvan" ki bhi side le rahe ho. Yaani, mujhe hi dosh de rahe ho ye bagair dekhe hue ki unko to maine kuchch be nahi kaha tha phir bhi unhon ne aisa reaction kayon diya.
Aap ne mere baare me aaj tak itna kutch keh diya hai phr bhi interestingly and unfortunately ek bhi insaan is forum par aisa nahi nikla jisko meri baaten yaa koi ek baat kutchh theek lagin hon.
Mujhe to ab ye bhi lagne laga hai ki jab bhi koi query apni specialisation se bahar aaye to use Academic query keh ke dump kar do.
Aap ne meri queries ko jayada se jayada dump karne ki koshish kayon ki hai mujhe nahi pata par ab main ye zaroor janna chahoonga ki aap ki specialisation kis discipline me hai.
Further, today itself you have used following for me:
1. aapki adhiktar muftkhori ki aadat
2.shayad aapko toh paath padhane mein maza aata hai.
3. Duniya bhar ki (kam se kam 95%) problems aap lekar aa jaate hain.
4.In almost every query page of yours you try to insult the experts
5.you are a proprietor of a firm and may be having some grudge in some contract with some Government company or its director upon which you can very safely be considered to be trying to do some act that may be harmful to the director of that company
6.you try to make mockery of others and cast aspersions on the community members"
7.Why you try to waste time of others
8.You should think yourself as the self contained person
9.your attitude is such, as if you are a class teacher and treat the LCI members as your students and try to command on them and force to answer your vague questionsm
10,You should also know that none of us is compelled to hold tutorials for you.
Please tell this forum, where I compelled you specially to solve my problem aur kaya is tarah ki language and false allegations achche lagte hain.
Dr J C Vashista
(Expert) 07 July 2014
@Admin,
Kindly filter such queries and delete this post, especially by this author who has sufficient time and energy for such useless queries at the cost of needy persons.
Otherwise, please delete my account.
Guest
(Expert) 07 July 2014
Aap bahut kuchch keh dete hain phir bhi apko lagta hai aap ne kuchch bhi nahi kaha.
Jo kuchch bhi maine kaha, aapki dhrishta aur vague sawal jawab ko dekh kar he kaha tha.
Duniya bhar ke sawal karna, jinse aapka koi concern nahin toh muftkhori nahin to aur kya hai?
Apni personal problem discuss kariye, meire samet bahut se log aap ki help karne ko tatpar rahenge. Aapne duniya bhar ka theka toh le nahin rakha aur hum aapke gulam bhi nahin ki aapke har sawal ka aapki satisfaction ka uttar dain.
Better close the chapter instead of stretching the thread unduly long.
Guest
(Querist) 07 July 2014
Vashista Ji, do not dilute my post addressed to Dhingra Ji.
Moreover, who is compelling you to waste your time in attending my useless posts? You are making it a prestige issue unnecessarily.
If Administration feels all my queries are of Academic nature and fault is only mine, I shall not mind if request of Vashista Ji is acceded to and also my account may be deleted.
Guest
(Querist) 07 July 2014
Dhingra ji, Kaya aap ko is tarah ki language shobha deti hai jo aapne use ki.
Aapne ab phir kaise shabd istemal kiye hain;
1.aapki dhrishta
2.jinse aapka koi concern nahin toh muftkhori nahin to aur kya ha
3 Aapne duniya bhar ka theka toh le nahin rakha
4.aur hum aapke gulam bhi nahin ki aapke har sawal ka aapki satisfaction ka uttar dain
Mujhe apni specialisation to bata dijiye taaki us
specialisation ka swall main avoid karoon.
Vashist Ji aapka kaya khayal hai aise shabdon ke bare mein jo Dhingra ji istemal kar rahen hain. Meri query aapko useless lagi.
Guest
(Expert) 08 July 2014
Yeh kehan,KYA BEKAR KI BAAT KAR DI," to aapko shobha deta hoga?
Aur yeh kehna, "GALAT KYON KEH RAHE HO BHAI," bhi aapko shobha deta hoga?
Guest
(Expert) 08 July 2014
Kya aap batayenge aap chahte kya hain? Yadi aap meire khilaf koi case karna chahte hain to batayen kya kya likh doon taki aapko meire khilaph evidence ikatthe ek baar mein hi mil jaye aur aap khush bhi ho jayen. Yeh theek rahega na aapko?
Guest
(Querist) 08 July 2014
Mujhe nahi pata aap mere khilaf galat propaganda kyon kar rahe hain jiska saboot aaj ki post mein bhi hai.
Aap Kalaiselvan Ji ki post dobara padiye aur is forum ko batayeen ki unhone mujhe kaya likha tha aur kaya wo baaten sach thee. Yadi sach thee to kaise.
Kripa mujhe maaf kar di jiye. Main is post ko close karta hoon.
Guest
(Expert) 08 July 2014
Mr. Kalaiselvan perhaps does not know Hindi, you may better point him out in English language for clarification what wrong you could find in his post.
T. Kalaiselvan, Advocate
(Expert) 08 July 2014
Expert Mr. Dhingra,I can understand Hindi very well. I was born and brought up in Bangalore and my first language was Hindi from first standard to 12th standard including my under graduation. I can very well understand the author's contents in Hindi though scripted in English.It is he who has to go through my post once again to understand what I wanted to inform him. You have very clearly made him understand the meaning of the contents what I conveyed in my reply, but he his refusing to accept or understand anything, he is bent upon putting blames on everyone who replies his query. Whatever his opinion be, I make my stand very clear that I will go by the experts stand to not to reply the queries of academic in nature. Also I shall give a open challenge to the author to proceed with legal action against me if he feels that my reply had hurt him. Despite rendering free and charity legal service, are we here to dance to tunes of arrogant authors to oblige them?, I will keep away from replying anymore to this author's this as well as any other query anytime in the future. Hum kisike gulam nahin hai ki woh jo bhi kehte hain aur hum use chup chaap sunthe rahe.
Guest
(Querist) 09 July 2014
AS MAY BE SEEN,I HAD CLOSED THIS POST FROM MY SIDE but Shri Dhingra Ji's instigation/provocation has resulted in Shri Kalaiselvan's reacting in a very strong way. I, therefore, have THOUGHT IT FIT TO STRAIGHTEN THE RECORDS on this Forum with regard to two points raised by Shri Kalaiselvan:
FIRST POINT
Shri KalAiselvan wrote "FIND OUT A PERSON WHO SUITS YOUR TASTE".
Kaliselvan Ji, Please let this Forum know, what taste I have desired in any of my posts above. What made you react like this in your very first post?
SECOND POINT
Shri Kalaiselvan wrote to me "YOU CANNOT COMMAND THE EXPERTS TO GIVE THEIR OPINION TO YOUR QUERY".
Three Times on these posts you will find my requests as follows:
1.Other experts, for whom query is not academic, may opine please.
2.I would request other experts, for whom query is not academic, to opine please.
3.I would again humbly request only those experts, for whom query is not academic, to opine please.
Kalaiselvan jI, PLEASE TELL DHINGRA JI AND THIS FORUM FROM WHICH SIDE THE ABOVE REQUESTS CAN BE TERMED AS 'COMMAND'.
Further, Shri Dhingra Ji and of Shri Kalaiselvan ji have posted to me as follows:
SHRI DHINGRA JI
Yadi aap meire khilaf koi case karna chahte hain to batayen kya kya likh doon taki aapko meire khilaph evidence ikatthe ek baar mein hi mil jaye aur aap khush bhi ho jayen. Yeh theek rahega na aapko?
SHRI KALAISELVAN
Also I shall give a open challenge to the author to proceed with legal action against me if he feels that my reply had hurt him.
I REITERATE, THE ABOVE IS ONLY TO STRAIGHTEN THE RECORDS.
MAIN EK BAAR PHIR MAAFI CHAHOONGA.
Guest
(Expert) 09 July 2014
Mr. Sandeep,
Badhia bahana dhoondha aapne!
Do you think you had closed the post when you said, "Aap Kalaiselvan Ji ki post dobara padiye aur is forum ko BATAYEN.......?" It was your requirement to ask fr my response.
Forum ya Mr. Kalaiselvan ko aapke query link ke threough hi toh batana tha. Yadi kisi aur madhyam se batana tha toh yeh bhi clear kar dena chahiye tha.
Anyway, if you closed the post, you were not required to repeat or reiterate on your points again after I asked you to point out to Shri Kalaiselvan or he himself clarified his position on my post. But, it seems, as of your habit you can't resist yourself to react every time.
Guest
(Expert) 09 July 2014
Kalaiselvan ji,
Thanks for your clarification and sorry for presumption on my part.
Biswanath Roy
(Expert) 09 July 2014
I can give you appropriate reply to your query subject to the fulfillment of the following terms namely,-
1. You shall have to disclose the facts of requirements related to your query. Cryptic query will not serve your purpose.
2. Being it a matter relates to Company Law and rules framed there under including various notifications related to up to date and its applicability, it needs professional skill which cannot be given free of costs
3. Being it a Company it has sufficient means to pay fees to expert in company laws or a Company Secretary.
4. If you engage me as your Expert privately on behalf of your company you may contact me through my PM.
T. Kalaiselvan, Advocate
(Expert) 09 July 2014
Thanks for everyone who stood with me and I reiterate to close this post from my side without giving any opinion to the query opened on this thread for the obvious reasons which do not deserve to be repeated.
