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Sanjeev   17 April 2009 at 22:04

questions relating to sell purchase of shares/securities

My questions are:

1. How a valid order for buy/sell of shares/securities can be placed, should it be in writitng only or it could be orally or telephonically also?

2.As per the investors rights and obligation point 1.3.5 it is provided that a client can "Give any order for buy or sell of a security in writing or in such form or manner, as may be mutually agreed. Giving instructions in writing ensures that you have proof of your intent, in case of disputes with the member.
here my question is that in case of there is no manner expressly agreed what are the such valid manners for placing order for buy/sell?

3. If a client alleges that some trades are executed without his knowledge and consent, the onus of proof on validity of such trades lies on whom, on trading member or on a client?

4. These days most of brokers/trading Members have practice of taking order telephonically and also they records such conversation between the clients and the operator, is it a valid practice approved by SEBI, NSE, BSE and under other laws

CA Hiral   17 April 2009 at 11:36

Accounting Standand 11

There is recent amendment in AS 11 regarding treatment of exchange rate difference arisingon long term monetary items.I want to know how to treat exchange rate diffrence for the period from 7th Dec,06 to 31st March,2009 which is already provided in P&l account? should I provide Exchange rate diff.of 31.3.09 first and then apply the amendmant?

Santosh   17 April 2009 at 02:16

Validity of Cheque

Dear Professionals,

I need your advice please.

I requested my (Bank A) credit card banker to balance transfer an amount of Rs. 20000 to my another Credit card (bank B). I received the balance transfer cheque on which it was written "valid for 30/31 days from the date of issue". I deposted the check at "Bank B". After few days i checked my "Bank B" Credit card but Rs.20000 was not credited in it and it was more than a month now. I called "Bank A" and they confirmed that the cheque has not been presented for enchasment, and i asked then what should be done to cancel the cheque "Bank A" suggested to submit an Indeminity which i sent by fax and also hard copies. By now its almost a 2 months and i was still charged interest for 20000 which dint get credited in my "Bank B" credit card. In the third month "bank A" says that the cheque has been encashed by the my "bank b". It was surprise to me, when we were working on stoping the cheque from clearing how can they say its been encashed and that too almost one month after submitting the indiminity. Is it possible for the cheque to be passed even when it is presented after the validity.

What is my situation now? what I am supposed to do, I stopped paying them the money. I have email correspondence with the "bank a" customer care executives. I believe "Bank A" has given my information to CBIL which is anyoying me. how can I approach the legally.

Thanks you all the for taking time to read this case and I will be highly obliged if you can advice me on my situation.

Sincerely
Santosh.

dewakar   16 April 2009 at 21:47

National security Act Vs POTA

How far NSA and POTA is different in Nature andscope hen the scope of their misuse is still open?

KIRAN_DASS   16 April 2009 at 19:49

Central Government Accommodation Rules

My friend had government accommodation in New Delhi. He surrendered the same to the Estates Office. After 7 months of its surrender, the administrative department extracted an "forced admission" that he had sublet the govt.accommodation. Based on his admission disciplinary proceedings were conducted against him and major punishment was awarded to him.
As per allotment rules, the Estate Office has all powers in relation to the subletting and cancellation of the govt. acc. If the Estates Officer finds proved subletting based on report of the empowered authirities under the Rules, a report is sent to the administrative department under whom the allottee works for taking disciplinary action against the government servant for misconduct i.e. subletting of govt. acc.
Whereas in this case, no enquiry was conducted, no proceedings were held, no report was sent to the administrative department. But the administrative department at its own sweetwill conducted the proceedings under the Allotment Rules and ushuruped the powers of the Estates Officer and simultaneously held disciplinary proceedings against the government. The major penalty under the rules was awareded to the govt. servant.

The Question is "Whether the administrative department is competent to take proceedings only on "admission" which was extracted under threat. But the government servant is so fearful that he could not say that the "admission of subletting was obtained under threat". Could the court still hold him guilty in spite of the fact that the administrative department had no legal jurisdiction under the Allotment Rules.

Nilesh Shah   16 April 2009 at 15:43

Loan against mortgage of trust property

Dear Sir,

I m credit manager in bank. If bank is funding against of property in name of Trust on which Educational Institution is runing whether bank will be able to repossess easily the said property in case of default by Trust/Society?
If No, what can be remedies bank can take at time of finance?

What are reasons (Is there any Law barring to do so??) under which law?

Apurva Kumar   16 April 2009 at 08:22

Juvenile Act!

Dear members,
I hv a query regarding juvenile that ; as v al kno that all the trial which includes juvenile hv to b completed within 6 months suppose if the juvenile completes the age of majority within the custody in which he is staying i.e chid welfare home will he b sent to normal prision as he attains the majority?(though trial is nt compltd) any clue in support with judgement.
Regards!

allurisivajiraju   15 April 2009 at 22:06

Illegal Detention of Employee by Employee

Respected Seniors,

Mr. 'X' is working as sales man In a Primary Agricultural Co-Operative Credit Society. President of the said Society has some political grudges against Mr. 'X' and he wants to remove him for his duties. So recently 4 months back the Said President issued a notice to Mr. 'X' discloses that " behavior of Mr. 'X' is not proper towards formers hence Mr. 'X' is suspended from his duties till further orders".

But Mr. 'X'waiting for his job from 4 months. But no reply was sent to him from the President. Eventhough the society was not conducted any enquiry against Mr. 'X' for his alleged behaviour. Actually Mr. 'X' is a poor person and his entire family is depending on his salary.

In the above circumstances what is the remedy available to Mr. 'X' for getting his job and 4 months salary of his illegal detention from his duties.

Please suggest me as early as possible.

Thanking You in advance.

basheer khan   15 April 2009 at 11:56

payment of gratuity

respected sir
the after the death of the deceased employee, the employer stop the payment of the gratuity to the wife of the deceased. my question is can the employer has a right to stop the payment of the gratuity to wife of the deceased? please suggest me if any recent decisions in this regard

Sarvesh Kumar Sharma Advocate   14 April 2009 at 20:19

value of unregisterd will

hi
a person is very ill,he is unable to walk and also now he is kept under medical trietment,and he want to make his will but he is unable to go to the ragistrar office and he can make his will on a plane paper. is plain paper will has value?