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adv fauzia azim   31 January 2009 at 15:10

book for drafting ,pleading .......

Dear friends please let me know of a good book for drafting,pleading and conveyancing.also is there a site for all the latest amendments.Thanks in advance.

REKHA SHARMA   31 January 2009 at 14:03

MODIFICATION OF CHARGE

My query is what will be the date of modification of charge where property already chrged to Bank sold to (Some part of the property)to another charge holder (Of the same property) under the OTS scheme after obtaing prior NOC in this connection from the aforesaid bank .
1 Date of sale deed
2 Date of NOC obtained from Bank earlier
3 Fresh NOC will be obtained from bank for filing form 8.
4 Date of NOC obtained regarding filing of Form 17 .

Reg
Rekha

kk   31 January 2009 at 12:59

creditor.....

Sir i m creditor of my company and it went under BIFR scheme and now on settlement of dues they are giving more priority to payment of dues of banks and we (creditors)are paid very minimal amount yet ..so my query is whether my full dues will be paid ???
can i ask for early repayment and can i file suit for same??

Suresh   31 January 2009 at 11:30

Need yours Help!!!

Problem:
A well reputed trademark conceived and adopted by the predecessor several decades ago and consequently used by his legal heirs on their different areas of business, however one of the legal heir registered the trademark in his name. Can he claim exclusive rights for the said trademark?

Background of the case
1. Predecessor adopted the trademark in 1960’s and doing the business along with his three sons.
2. After the demise of the predecessor his three sons partitioned and continued business on their own under the same trademark.
3. One of the legal heir of the predecessor registered the trademark for his business.

Is the registration of the trademark without any consent of the other legal heirs is Valid?

Relevant citation much appreciated

Thanks and Regards

Suresh

chitragya   31 January 2009 at 10:20

Sales Invoice

Dear Sir,

I have purchased a Water Purifier from Eureka Forbes from the distributor for Rs.8000/- Plus VAT 12.5% which amounting of Rs.9000/- and received a bill of the same amount.

But there is a problem in the Water Purifier, it is leaking from the tap and have requested to him to change the water purifier but no response from 2-3 days. At last without any other option, I have returned the matter to him and ask for the money. But he has refused to give me full amount of Rs.9000/- becuase of VAT 12.5% which amounting 1000/-. He told me that if you want get back your money then I will deduct the Tax and give you Rs. 8000/- only nothing else.

This is my requet to pls advise me because the original is lying with me. My question is that can he not cancel the bill and return the full amount.

Pls advise in the case.

Regards ,

Chitragya

AMMAYYA   31 January 2009 at 07:32

SECTION 138 OF NI ACT

If the amount expressed in dishonoured cheque is more than the amount due to the lender(bank), can lender(banker) initiate legal action u/s 138 of NI Act ?

N.K.Assumi   31 January 2009 at 06:55

Remand without physical productions of accused:

Is it legal for the court to passed mechanical order of Remand without physical productions of accused before the judicial magistrate or magistrate?

N.K.Assumi   31 January 2009 at 06:50

The word Judicial Magistrate:

Does the words Judicial magistrate and Magistrate in sections 56,57 and 167 Crpc also include Addl Session judge, Session judge and High Court also? if so are they competent to remand an accused in Custody?

Janak   30 January 2009 at 22:19

Gujarat VAT.

I am carrying on activity as contractor for building up of telephone tower for which material purchased by me and on completion of job the company will pay me for that after deducting tax. so i want to register under gujarat VAT to take credit of such tax deducted by company, under which head i have to applied for ? whether voluntary or compulsory registration available?

Janak Patel

Selvam Perumal   30 January 2009 at 21:19

Remedy for the Partnership Firm from refusing permission by the Nationalized Bank for opening current account

Dear Sir,

I require a kind clarification on the following issue:

A registered partnership firm dealing with “finance business” of mobilizing deposits from the general public and lending loans to the needed persons.

Now this partnership firm requires opening a current account in the nationalized bank for the purpose of depositing and clearance of Cheques being issued by the Courts in the execution proceedings.

But the Bank drag on the matter thereby hesitating to accord permission to open the current account by orally citing the following flimsy reasons:

(a) since the Bank and the said partnership firm have been dealing with same parallel business of “finance” as such the Bank is hesitating to accord sanction for opening the current account in the name of the partnership firm; and

(b) questioning the partnership firm that why not at the time of incorporation of the partnership firm itself a current account not opened;

Now my bonafide doubts are is there any provision of law which permits that nationalized banks to refuse to accord sanction to the partnership firm which deals with parallel business of the bank from opening current account in the name of the partnership firm?

Kindly clarify these issues with relevant provision of law and if possible with relevant citations, please.