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Anonymous   01 April 2010 at 14:43

section 265 of companies act

can a company having proportional representation under its articles have voting in the 2nd AGM after the appointment of directors if the company receives a candidature for directorship before that AGM?

Varsha Pathak   01 April 2010 at 12:24

Check bounce

Hi All Learned Experts,

I want to put the query about legal remedies available where a person gave friendly loan to his friend they made borrowing agreement.After sometime he got check n presented in bank it was bounced and then his account was closed...How this fellow persue case against him also he did not gave any notice to him in this regard.

Remedy in N.I. act or in civil Law ?

Please advice me.

Thanks

Varsha Pathak

Shikha   31 March 2010 at 21:32

Advocate

I'm going to graduate in a few months, and I'm confused with regards to the following:-


1) After i have enrolled as an Advocate can I represent my family at court, as their attorney?

2)My involvement with some of the business owned by my family would that debar me from being en-rolled as an advocate?

Thank You in advance

Praveen Kumar   31 March 2010 at 15:13

My savings account is wrongly debited...

ICICI Bank debited my savings account with an amount of around Rs. 48,000/- (as I have a salary account with them) in February 2010. On asking for the reason they said that they were dues on a credit card in my name. I then submitted proof that I closed the said credit card more than 3 years back i.e., in August 2006 along with the letter, receipt and copy of the draft. Then the bank reversed the debit and gave me back my money. I asked the bank the following questions:

1. How come the bank does not know that it has already closed the card?
2. If they wanted to debit the money, how come they did not even inform me?

The bank has not given any reasons. In fact it is mandatory for a bank to inform at least the savings bank account holder (if it thinks that the credit card holder is no longer in the same address) that it is going to do so. It is therefore very arbitrary. Is it therefore very dangerous for a bank to have such sweeping powers (of debiting people's savings accounts) without even knowing how to use them and more so how come they are not accountable.

What cases can I file in the consumer, civil and criminal courts?

jiwan   30 March 2010 at 22:50

WHAT IS THE FIRST OFFENCE ?

Dear All,

Under the statistics dept law , if we could not file annual return in prescribed time , we have to pay penalty u/s 8

as :- he shall for each such offence be punishable with fine which may extend to five hundred rupees and in the case of a continuing offence to a further fine which may extend to two hundred rupees for each day after the first during which the offence continues.

ques. he issue notice us for filing return (for 2007-08 ) upto 30.04.09 , but we could not file this return on this time,and now he asking for penalty .

1- which amt.of penalty we have to pay ?
2- what is mean of first offence ,dept has issue only one notice

Dr.Gaurang N. Gandhi   30 March 2010 at 21:57

N I Act 138

Sir,

A party had given 2 cheques as security against goods sold by my client, all details were written by the party. written amount is same as to the bill amount.


now the question is that the party had given assurance that he will paid all amount of arriers in bill as soon as possible and then return the cheque back.

more than 80 days passed from the last day of assurance.

my client had, after long time awaiting present both the cheques to bank, where it was returned with an endorsement that" stopped payment.


pl suggest which type of proceedings should we have to follows????????

Munish Kumar Garg   30 March 2010 at 21:12

Consmuer Nokia Dispute

Hello Members

As there is dispute in Distt. Consumer forum and the complainant has filled the complaint against the NOKIA company to whom I am representing.

The brief facts of the case is that he submitted his mobile to one of our NOKIA Customer Care Centre (also a party to the dispute) and the above said NOKIA Care Centre sends the Mobile to Delhi Nokia Head Care Centre as the problem which in the mobile cannot be resolved by them, so normally they send the every mobile which was not repairable at their centre sends by them to the Head Office for repair or replacement in case the Mobile phone in question is not repairable. In this case the disputed mobile phone was replaced by the NOKIA Company and when they give the mobile to the customer then he denies to take the Mobile phone as he alleges that he suffered Rs.1 Lakh loss in the past month, as the replacement will take sometime for processing the whole procedure of the disputed Mobile.

And then he files the complaint in Distt. consumer forum and alleging that he wants the mobile phone with Rs. 1 Lakh also, so can any member give me good citiation against this issue.

Thanks
Waiting for the reply

Parthasarathi Loganathan   30 March 2010 at 20:06

Alumini Club

Why can't Lawyersclubindia install an Alumini link enabling all lawyers to fill up request form online. This would enable all lawyers to establish lost contacts with their dear law college mates. Many IT companies have ready made software to get it installed. LCI may please consider this request. This would also help exchange of intellectual expertise amongst classmates besides keeping in touch with lost friendship. City-wise, Law college wise enrollment into this Alumini portal can be formulated. I need the support of all the 60K membership for my request.

Parthasarathi Loganathan   30 March 2010 at 19:25

Legal Decisions affecting Bankers

Could the experts guide me to find out all the legal decisions affecting bankers with regard to Civil Suits, SARFAESI, DRT, etc. Any website reference will do. Is there any single database hosting my requirement. Experts may please guide me.

Neeraj Kaushal   30 March 2010 at 19:13

lawyers india club

after adding a friend in lawyers india club how can i chat with him , if he is online , and where is inbox in my profile , i have joined yesterday this site ,