sood
21 October 2011 at 20:26
A school is being run by a Society, do the general body members of the Society have a right to interfere in the day to day working of the School. In fact, under the Act what are the rights of a general body member of the Society, are they allowed to enter the School premises/regd office even when there is no meeting of the Society. Is there a Specific Section in the Act which defines the rights of a General Body member.
k.k.jandial
21 October 2011 at 19:00
Dear colleagues,
Pl. let me know how I can reach to daily proceedings of hearing of cases in High court chandigarh on line.
Thanks.
K.K.Jandial
Anita Singh
21 October 2011 at 18:10
I am adding one more para no 8 to the M.O.U below pls see it and let me know right or not
AND DEAR EXPERT IF U R ASKING THE DIFFERENCE of 160000 and 100000 then let me tell u now only my client told me that he will give loan 1,60000 not 100000 and with out interest
dear sir i am an advocate my client is giving one lakh rupees loan to one of his friend for six month and told me that if his friend (the person who is taking loan) if for any reason not repay the loan amount given by him then his one property ( one room ) he will registered on my client name and my client will have legal right to take the possession of the said property and my client give 10 lakh rupees to his friend (the person who is taking loan) means after taking the said property my client will give 10 lakh rupes to his friend and all this thing my client want in written
so i have draft a M .O .U and promissory note pls cheque it guide me whether it is right or not where i am wrong pls bold that
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made and enter into at Mumbai, this 21st day of October 2011
BETWEEN
MRS. MANJU YASHWANT SHERKAR, Adult, Residing at Punjabi Chawl No. 1, Room No. 7, Nityanand Nagar, Ghatkopar (West), Mumbai – 400 086, hereinafter referred called the “PARTY OF THE FIRST PART” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executor, administrators, successors and assigns) of the FIRST PART.
AND
MRS. SNEHAL PRAKASH WASKE, Aged 43 Years, Residing at Desarana Chawl, Room No. 5, Ganesh Maidan, Nityanand Nagar, Ghatkopar (West), Mumbai – 400 086, hereinafter referred called the “PARTY OF THE SECOND PART” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executor, administrators, successors and assigns) of the SECOND PART.
WHEREAS, the Party of the Second Part was in need of some Friendly Loan of Rs. 1,00,000 (Rupees One Lakh Only) for her personal need and purpose for that she approach to the Party of the First Part.
AND WHEREAS, at the approached of the second part the first part has agreed to give a sum of Rs. 1,00,000 (Rupees One Lakh Only) to the second part and upon the terms and condition mutually agreed by and between them and reduce the same into writing in the following manners..
NOW THIS INDENTURE WITNESSETH :-
1. That the Party of the First Part giving a Friendly Loan of Rs. 1,60,000 (Rupees One Lakh sixty thousand Only) to the Party of the Second Part for the period of six month.
2. That the Party of the Second Part will repay above said loan amount of Rs. 1,60,000 (Rupees One Lakh Sixty Thousand Only) after the expiry of six month from the receipt of loan amount or from the date of this MOU.
3. That the Party of the Second Part if for any reason failure to repay the above said loan amount of Rs. 1,00,000 (Rupees One Lakh Only) after the expiry of six month to the Party of the First Part then she will have to sale her property situated at, Desarana Chawl, Room No. 5, Ganesh Maidan, Nityanand Nagar, Ghatkopar (West), Mumbai – 400 086, in which she is presently residing, to the Party of the First Part for the sum of Rs. 11,60,000 and also registered the same property in the name of Party of the First Part.
4. That the Party of the Second Part will also allow to the Party of the First Part to make agreement for sale of the above said property .
5. That after signing the Agreement for Sale of the above said property by both the party and after the completion of the all legal formalities for the sale of the above said properly of the party of the second part to the party of the first part ,AND AFTER TAKING THE POSSESSION OF THE same by the party of the first part, party of the first part will take her above said loan amount of Rs. 160 000 from the sale amount of the above said property and after taking her loan amount balance amount of sale Rs. 10,00,000 she will pay to the party of the Second part.
6. That the party of the second part will also issue the post dated cheque of Rs. 1,60,000 bearing no ______duly signed by her against the above said loan amount .
7. That the party of the first part will have right to file a case under section 138 of negotiable instrument if the above said cheque get bounced and the second part will liable to bear the cost of the litigations for the same.
8.That the Party of the first part will have right to purchase the above said property of the party of the second part or to deposit the above said cheque and if the same bounced then to file a case Under Section 138 of Negotiable Instrument Act against the party of the second part if for any reason party of the second part fails to repay the above said loan amount
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written.
SIGNED AND DELIVERD BY
By the within named the party of “ FIRST PART
In the presence of witness
1 )
2 )
SIGNED AND DELIVERED BY
By the with in named
In the presence of witness:
1 )
2 )
Promissory Notes
DEMAND PROMISSORY NOTE
WHEREAS I have borrowed a loan of Rs. 1,60,000 ( rupees
_____________) from Mrs. _______Age _ years, resident of __________for her personal use and purpose________ on _________
I do here by promise to pay the aforesaid loan amount Rs. 1,60,000 (rupees
_____________) to the said Mrs. ____________on ________ after six month from the date of this promissory note.
Mumbai,
Signed
Dated:__ ( _______________ )
Anita Singh
21 October 2011 at 18:08
I am adding one more para to the M.O.U below pls see it and let me know right or not
AND DEAR EXPERT IF U R ASKING THE DIFFERENCE of 160000 and 100000 then let me tell u now only my client told me that he will give loan 1,60000 not 100000 and with out interest
dear sir i am an advocate my client is giving one lakh rupees loan to one of his friend for six month and told me that if his friend (the person who is taking loan) if for any reason not repay the loan amount given by him then his one property ( one room ) he will registered on my client name and my client will have legal right to take the possession of the said property and my client give 10 lakh rupees to his friend (the person who is taking loan) means after taking the said property my client will give 10 lakh rupes to his friend and all this thing my client want in written
so i have draft a M .O .U and promissory note pls cheque it guide me whether it is right or not where i am wrong pls bold that
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is made and enter into at Mumbai, this 21st day of October 2011
BETWEEN
MRS. MANJU YASHWANT SHERKAR, Adult, Residing at Punjabi Chawl No. 1, Room No. 7, Nityanand Nagar, Ghatkopar (West), Mumbai – 400 086, hereinafter referred called the “PARTY OF THE FIRST PART” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executor, administrators, successors and assigns) of the FIRST PART.
AND
MRS. SNEHAL PRAKASH WASKE, Aged 43 Years, Residing at Desarana Chawl, Room No. 5, Ganesh Maidan, Nityanand Nagar, Ghatkopar (West), Mumbai – 400 086, hereinafter referred called the “PARTY OF THE SECOND PART” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executor, administrators, successors and assigns) of the SECOND PART.
WHEREAS, the Party of the Second Part was in need of some Friendly Loan of Rs. 1,00,000 (Rupees One Lakh Only) for her personal need and purpose for that she approach to the Party of the First Part.
AND WHEREAS, at the approached of the second part the first part has agreed to give a sum of Rs. 1,00,000 (Rupees One Lakh Only) to the second part and upon the terms and condition mutually agreed by and between them and reduce the same into writing in the following manners..
NOW THIS INDENTURE WITNESSETH :-
1. That the Party of the First Part giving a Friendly Loan of Rs. 1,60,000 (Rupees One Lakh sixty thousand Only) to the Party of the Second Part for the period of six month.
2. That the Party of the Second Part will repay above said loan amount of Rs. 1,60,000 (Rupees One Lakh Sixty Thousand Only) after the expiry of six month from the receipt of loan amount or from the date of this MOU.
3. That the Party of the Second Part if for any reason failure to repay the above said loan amount of Rs. 1,00,000 (Rupees One Lakh Only) after the expiry of six month to the Party of the First Part then she will have to sale her property situated at, Desarana Chawl, Room No. 5, Ganesh Maidan, Nityanand Nagar, Ghatkopar (West), Mumbai – 400 086, in which she is presently residing, to the Party of the First Part for the sum of Rs. 11,60,000 and also registered the same property in the name of Party of the First Part.
4. That the Party of the Second Part will also allow to the Party of the First Part to make agreement for sale of the above said property .
5. That after signing the Agreement for Sale of the above said property by both the party and after the completion of the all legal formalities for the sale of the above said properly of the party of the second part to the party of the first part ,AND AFTER TAKING THE POSSESSION OF THE same by the party of the first part, party of the first part will take her above said loan amount of Rs. 160 000 from the sale amount of the above said property and after taking her loan amount balance amount of sale Rs. 10,00,000 she will pay to the party of the Second part.
6. That the party of the second part will also issue the post dated cheque of Rs. 1,60,000 bearing no ______duly signed by her against the above said loan amount .
7. That the party of the first part will have right to file a case under section 138 of negotiable instrument if the above said cheque get bounced and the second part will liable to bear the cost of the litigations for the same.
8.That the Party of the first part will have right to purchase the above said property of the party of the second part or to deposit the above said cheque and if the same bounced then to file a case Under Section 138 of Negotiable Instrument Act against the party of the second part if for any reason party of the second part fails to repay the above said loan amount
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their respective hands the day and year first hereinabove written.
SIGNED AND DELIVERD BY
By the within named the party of “ FIRST PART
In the presence of witness
1 )
2 )
SIGNED AND DELIVERED BY
By the with in named
In the presence of witness:
1 )
2 )
Promissory Notes
DEMAND PROMISSORY NOTE
WHEREAS I have borrowed a loan of Rs. 1,60,000 ( rupees
_____________) from Mrs. _______Age _ years, resident of __________for her personal use and purpose________ on _________
I do here by promise to pay the aforesaid loan amount Rs. 1,60,000 (rupees
_____________) to the said Mrs. ____________on ________ after six month from the date of this promissory note.
Mumbai,
Signed
Dated:__ ( _______________ )
Anonymous
21 October 2011 at 12:13
Suppose on behalf of my client ( as a lawyer) for XYZ company,. i will send a legal notice to ANY another pvt ltd company for recovery of debts ... shall i NEED to send a notice in the name of company or may it should be mandatory to also send a copy of notice to its Directors also.......
which recommended section is applicable on it ?
T.H. Sree Rama
21 October 2011 at 11:18
Management
“Management”—so pleasing the term sounds –
---but, at the same time- creating sounds emanating from the earth in the form of tremors --ringing in the years – it’s vibrations passing through the entire curvature of the whole body—alerting the employees straightening up their spinal chord & rejuvenating their brain cells –
---of course once upon a time, when the attitude of the Management was “Manage” to “mend” signifying effective Control—
---the emphasis there-after being shifted from “Control” to “Co-ordination”—
--and finally settling down at “Participatory Team Building” thereby replacing the concept of “Manage” to “Mend” with the concept of “Manage” to “Amend” learning from the lessons of the past—forecasting the futuristic approach –keeping in mind the structure of the Present --
--traveling all the way through troubled waters navigating in the OCEAN of
KNOWLEDGE always and in all ways subjected to the vagaries of weather— & ultimately standing steadfastly for---
M –Monitoring
A – Application
N – Nurturing
A – Attitudes
G – Generating
E – Efficiency
M – Mentoring
E – Effectivity
N – Navigating
T – Throughout
Then comes, the question as to what to manage?
Money – Men – Materials – Machines
How to manage?
Through Methods
Management is a PANCHAKSHARI MANTHRA comprising:-
Money – Men – Materials – Machinery & Methods
While the first four take place of four fingers, the fifth finger is the THUMB FINGER, without which the functioning of the first four fingers remains insignificant. The term “METHODS” appears to have sourced it’s origination from the Term “MET – HODS” ie., HODS – MET ie., Heads Of the Departments MET ie., Meeting of the Heads of the Departments to formulate the policies, review the policies, review the aspects of implementation read with the performance and performance parameters ; so goes on the methodical analysis of the term;
Accordingly, in terms of the above analogy, Management forms a FIST covering the above Five Fingers providing THRUST & IMPETUS to the driving force and the deriving force to the term “Management” – itself---the aspect of MONEY being taken care of by FINANCIAL MANAGEMENT – the aspect of MEN being taken care of by HUMAN RESOURCES MANAGEMENT - the aspect of MATERIALS being taken care of by MATERIALS MANAGEMENT – the aspect of MACHINES being taken care of by PRODUCTION MANAGEMENT & ultimately the aspect of METHODS being taken care of ORGANIZATIONAL MANAGEMENT. These in turn appear to have given rise to various inter-disciplinary sub-disciplines such as Personnel Management, Industrial Relations, Office Management, Staff Management, Pay Roll Management, Public Relations, Customer Relationship Management etc., from and out of Human Resources Management – Banking Management, Financial Project Management, Audit Management, International Banking, Financial Control etc.., forming part of Financial Management - Purchases Management, Sales Management, Export Management, Import Management, Quality Management, ISO 9000 Quality Standards Management, forming part of Materials Management – Production Management, Machinery Management, Cost Control, Costing Management, Operations Management etc., forming part of Machines Management – Total Management, Systems Analysis and Control Management, Systems Management, Output Measurement Management, Performance Management etc., forming part of Methods Management.
Whom to manage?
Which areas to be managed?
What activities to be managed?
Why to manage?
Then think and plan and implement as to how to manage?
This is Management.
Identify the areas of deficiency;
Plug the holes;
Identify the areas of improvement;
Apply your mind;
Success is yours;
Don’t get disheartened at any point of time and on any issue;
Management activity is just like a perennial river flowing and flowing and flowing quenching the thirst of land as well as Mankind; Efforts are eternal;
“Hope” is the nucleus of the Management Cell;
Management commences it’s journey with Hoping;
It leads to Hopping;
It gains further momentum;
It turns into Galloping;
Ultimately it strengthens it’s firm grip, ripping all the hurdles coming it’s way thereby achieving horizontal expansion and vertical growth.
Ensure –
---Monitoring Application of mind –
------Nurturing Attitudes –
--------- Generating Efficiency –
-------------Mentoring Effectivity –
------------------ Navigating- Throughout –
----------------------------if, you are in the field of Management.
Author: T.H. Sree Rama, Service Matters Consultant & Managing Trustee of Global Institution For Skills & Careers, Flat No.18-33-6, first Floor, Mak Towers, Zahid Nagar, Street No.2, Opp. Survey of India, Uppal Road, Hyderabad – 500039, Andhra Pradesh
thsreerama@yahoo.com, thsreerama@rediffmail.com, sthumakunta@yahoo.com, papecrats@gmail.com, merimadadkaroplease@hotmail.com Mobile;09866497168
Res.914027202793
Anonymous
21 October 2011 at 10:30
I want to know about punishment under the above Rules .
Anita Singh
21 October 2011 at 09:56
dear sir I advocate Anita wants to know from your side
pls let me know
my client is giving one lakh rupees loan to one of his friend at some % interest for six month and told me that if his friend (the person who is taking loan) if for any reason not repay the loan amount given by him then his one property ( one room ) he will registered on my client name and my client will have legal right to take the possession of the said property and my client give 10 lakh rupees to his friend (the person who is taking loan) means after taking the said property my client will give 10 lakh rupes to his friend and all this thing my client want in written
now dear expert pls let me know which kind of document can I draft .
can I draft agreement
or promissory note or something else pls guide me
let me tell you my client do not have a money lending license
Anonymous
21 October 2011 at 08:31
Dear Sir,
One of my friend Mr. Reddy is a software Engineer at Hyderabad. Mr. Srikanth has been introduced as a friend and suggested to start a Diary farm, my friend has invested Rs.20.00 Lacks on diary farm six months back and asked Mr. Srikanth to look after the business dealings as my friend is a job holder. They have not entered into an agreement.After three months Mr. Srikanth cheated my friend and he is maintaining the farm. When questioned to srikanth, as thereis no any documental proof,Mr. Reddy have no tights to enter the diary farm.Now my friend lost his job and he is now jobless.
Mr. Srikanth seeking fianancial assistance he approached my other friend and signed blank 100/- Non-Judiacary Stamp Papers, now how can my friend Mr. Reddy can avail the rights on diary farm, Mr. Srikamth has signed emty promisory notes and gave blank cheques for seeking finance, sincerey we want to help innocent friend Mr. Reddy.
Please help us by advising legally by what way my friend Mr. Reddy can get back his Diary farm.
Thanking you sir,
With Regards
Srinivas Rao
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Motor vehicles act
A jeep is insured as pvt.vehicle with 9 person as seating capacity,but at the time of accident was used as transport vehicle carrying passengers.All filed claim seperately.Matters were consolidated toghter.In 3 cases the claimants said that they were travelling as passengers but in rest claim it was not mentioned.Court in its judgment held the Breach of policy condition,in 3 cases absolved the insurance co.but in rest cases held the ins.co.liable to pay stating that as it was not stated that they were travelling as gratituos passengers.To me the judg. is not correct. Kindly advise & give ruling early as the matter is very urgent?