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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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ABDUL RAZIQUE   20 September 2014 at 11:56

Meaning of few days

Mr A got noticed from a concerning authority that you have allowed to run your business for few days. Now the question is that FEW DAYS is stand or means for how many days?

Gaurav Kanodia   19 September 2014 at 19:57

Prepayment charges on cc limits in takeover

Dear Sir
I have CC Account with PNB Bank which was running good Now the New AGM Cam & he couldnt full fill our requirements

so we decided for takeover

Now They are resisting in giving property papers & showing me sanction letter in which it says that prepayment charges @2% will be their in case of takeover

The Sanction was for one year period & never renewed ie the Sanction was from 26th June 2013 for One Year & takeover happened on 15th September

can they take charges

Also We have unused Bank gurantee returned to bank in which they have charged nus full commission will we get refund charges for unused quaters

D.Joseph Emmanuel Dhas   19 September 2014 at 18:02

Refund of rental deposit-is there any prescribed time to refund after vaccation

I have vacated the rented house after 3& a half years on 12.09.2014, informing the owner orally one month in advance and handed over the key on 19.09.2014.No agreement signed .Monthly rent prescribed was Rs.7500 and deposit given was Rs.30000/= Rent upto 7/2014 paid on 5fth day.of next month. The owner is not willing to return the balance amount of advance within a reasonable time. No damage to wall & no due of current bill etc., House was cleaned and the key handed over. Is there any prescribed time to get the balance of Advance.Please give the advice. D.J

Goapl Garg   19 September 2014 at 14:12

Huf = depository account shares transmission

We have an HUF with my Husband as its Karta and we three others, wife+major daughter+major daughter as its members/coparceners. The karta(only male member) has expired.we hold shares worth 15 Lac in our Depository Account which need to be traded by the same HUF account with a new Karta, but apart from other formalities, the DP Participant prescribes that:"An Appropriate Order from a Competent Court" but the DP Participant is not able to clarify it in details, but insist that this is per guidelines of NSDL.
We require help about the nature of the order and the designated court from whom we should seek this order.Is Succession Certificate is meant here, but is it applicable in case of HUF..? Thanks & Regards.

Arvind Iyer   19 September 2014 at 11:20

Conversion of non-cumulative redeemable preference shares into equity shares

Dear Legal Experts,

A Private Limited Company wants to convert Non-Cumulative Redeemable Preference Shares into Equity shares with the consent of all the Class shareholders and by passing a special resolution under the Companies Act, 2013.

Is it legally justifiable on the part of the Company to do the same, Kindly advise.

Pradeep Dhruva   19 September 2014 at 10:44

Conversion of non cum non redeemable pref shares into equity shares

A PVT LTD. CO WANTS TO CONVERT ITS PREF SHARES AS MENTIONED IN THE SUBJECT HEREINABOVE INTO EQUITY SHARES AT THE SAME FACE VALUE. WHAT IS THE PROCEDURE FOR CONVERSION AND WHAT FORMS ARE TO BE FILED ON MCA (ROC) SITE. AN URGENT REPLY IS SOLICITED

Dipika Bhattacharjee   19 September 2014 at 01:33

Penalised by uppcl for running beauty parlour from home

One of my friends was running a beauty parlour from home. One day suddenly a group of people from UPPCL came and penalised her a heavy amount for using the domestic electricity connection for commercial purpose. UPPCL team has said she can't run any such beauty parlour in the residence. Please let me know if running a beauty parlour from home is illegal.

Please refer the following news article on the respective matter:

http://timesofindia.indiatimes.com/city/lucknow/Now-domestic-power-connection-valid-for-commercial-use-too-UPERC/articleshow/4197117.cms

Member (Account Deleted)   18 September 2014 at 17:40

Claim either or survivor deposit


Dear Sir/Madam,
My father deposited Rs.4,00,000 in Indian Bank by the scheme of Either or Survivor (my father name and my name joint deposit) and put my daughter’s name was nominee. He was died two months before. We are two daughters only to my father and my mother not alive. Hence, now my sister can claim this deposit share from bank or me? Please reply me.

Tnx.
Kathirasan

Gautam Arora   18 September 2014 at 16:28

Enrollment with the bar

I am writing to you in desperation to absolve me of the dilemma I am into i.e. whether to apply for enrollment as an advocate or not.
Please Let me bring the factual picture about the situation which has resulted in the dilemma as aforesaid. I was employed with NTPC Ltd, a Public Sector Undertaking w.e.f. the year 2002 to 02.06.2014 as Jr. Assistant (HR).
With effect from 03.06.2014, subsequent to my completing the LLB, three years course from Law Centre-II, Faculty of Law, University of Delhi, I was transferred to Corporate Legal Department of NTPC and re-designated as Assistant(Law).
On being re-designated as Assistant (Law), I went to the Delhi Bar Council office to obtain necessary information and the application form for enrollment. The staff there informed me that since I am in full time employment, my application is liable to be rejected and the fees will be forfeited. On returning back, I referred to the rules given on the Bar council of Delhi’s website and downloaded a copy thereof. In those rules under Chapter VIII, I happened to find proviso to Rule 103 (vii) which states that bar of Rule no. 103 shall not apply to “ Any person who is a Law Officer of Central Govt. or Govt. of the State or any Public Corporation or body constituted by Statute. For the purpose of this clause a “Law Officer” shall mean a person who is so designated by the terms of his appointment and who by the said terms is required to act or plead in Court on behalf of his employer. On further research, I happened to find that the aforesaid exception was removed by Bar Council of India’s resolution in 2001. But, the Apex Court in recent judgment “Deepak Aggarwal Vs Keshav Kaushik” , (2013) 5 SCC 277 said that the position of law is unaltered despite the said resolution .
Given this situation, I beg your reply to the following questions:
1) Should I apply for enrollment and would my application be accepted?
2) In case my application gets rejected, would the fees deposited be refunded as I was told by the Staff there that the fees shall not be refunded in any case.
3) Do I need to attach “No Objection Certificate” from my Employer with the application for enrollment?

I wish to get enrolled as it is a pre-requisite by several recruiting bodies that a LLB graduate should be enrolled with the respective BAR council as an advocate. If I not be enrolled then I shall not be eligible even to apply for the post which require enrollment as a pre-condition and I shall be stuck in this position forever.

In view of the above, I respectfully pray you to please help me in this regard and oblige.

BEENA SINGH   18 September 2014 at 15:26

Advocate

Looking for a Local Delhi Base Advocate (area Noida)for 138 matter.