V M DAHAKE
10 May 2015 at 22:15
Suit filed by the borrower for damages and subsequent suit for recovery filed by the bank were transferred to DRT and decided by a common order. Suit for damages was awarded against the Bank. Bank had not challenged the jurisdiction of DRT in damages suit then.
a) Can bank in appeal before DRAT, challenge the jurisdiction of DRT to decide suit for damages filed by the borrower before the bank filed suit for recovery?
b) Would situation be different if bank had earlier contested the jurisdiction before DRT itself?
c) Any other opinion /advice?
siddhesh
10 May 2015 at 11:37
Can I leave my job without serving notice period. My six months contract is over. Please suggest.
harshita agarwal
07 May 2015 at 15:19
A resolution passed by the Board of Directors is not proper in law and is not effective. When the defect in the resolution is not procedural then how can we challenge the resolution?
Nagesh Swami
06 May 2015 at 20:18
R\Sir,
For financial year 2013-14 due to our late income tax audit we not filled till to date our company ROC return.So, please suggest me what is late fees or interest charged for ROC return of companey. Exact fess structure for F.Y.2013-14 ROC return.
ARUN VIVEK
05 May 2015 at 08:05
hi,
we going to start educational consultancy for mbbs and md,ms to study in international universities. And also we planning to help students in getting visa and passport.So please advice me about the registration formalities and procedures......
Kiran
04 May 2015 at 11:09
Dear Sir, I am working for a partnership firm as manager. The two of the partners want to exit from the firm and their relative wants to continue business on the same firm name.
I am assigned to know the procedure to do so, I request your good self to kindly advise me how to go about it.
Firm Regd on : 2013 December.
Look forward to hearing from you sir,
Regards,
Kiran
Honey Satpal
03 May 2015 at 18:23
A private company, files an application seeking approval for transfer of leased property, without making any attachment of the resolution to be taken it that respect, the company after filing application to the government, convened and took resolution and subsequently filed it.
is it a valid act on the part of the company or a dispute can emerge out of this?
one more query, a private company after approval of name but before getting certificate of registration purchased stamp paper in company's name to enter into the transaction in future. is it possible?
* both queries comes under companies act, 1956
Sanjeet Kumar
02 May 2015 at 16:19
Brief Facts of the Case:
i) M/s Company X is a Public Sector Unit with Nine Production Units. In addition, Company X has established two Laboratories Y for R&D purpose. The executives of Y constitutes a Separate Cadre and are governed by separate Service Rules. In Short, the Service Rules for executives of X and executives of Y are substantially different. In fact, the service benefits of executives of Y are much superior to the service benefits of executives of X.
ii) In October 2010, I was appointed as Member (Research Staff) and was posted to Y. Subsequently, in January 2014, I was transferred from the post of Member (Research Staff), Pay Scale 16,400 – 50,500, in Y to the post of Deputy Engineer, Pay Scale 16,400 – 40,500, in Production Unit of X. In this way my Cadre and Service Rules was changed by means of Transfer. I was transferred and relieved within a day without any exigency. Since I was relieved within a day, in the interest of discipline I had complied with the transfer order and joined duty as a Deputy Engineer.
iii) Having my service condition altered substantially, I challenged the validity of Transfer Order through a Writ Petition before the Hon’ble High Court in May 2014. In October 2014, Hon’ble Court had issued Rule/admitted WP.
iv) Subsequently, I moved Interlocutory Application for Interim Order of Stay of the transfer order. In that IA, I had prayed for grant of interim order of stay of the transfer order and permission to rejoin duty as a Member (Research Staff) in Y. This was what the final relief sought.
v) In December 2014, Hon’ble Court was pleased to allow the IA and had granted the interim order of Stay of the transfer order with observation that “the transfer order is illegal, ex-facie and thus calls for interference”. That means, the Hon’ble Court had granted the interim relief which tantamount to the final relief.
vi) Subsequently, I sent four representations to the CMD and requested to comply with the Interim Order. The Company has not responded for any of my representations.
vii) Having no other option, I filed Contempt Petition (Civil) in March 2015. Hon’ble Court has ordered notice.
viii) After filing the Contempt Petition, I came to know that on in January 2015, the company filed the Writ Appeal and has also moved IA for Stay of Interim Oder. But Company has never requested for hearing of IA and so the Appeal has not been posted for hearing even once. That means, company has not taken Stay of Interim Order.
Queries:
1) As mentioned above, I was transferred and relieved within a day, so I had complied with the transfer order in the interest of discipline. Having complied with the transfer order and then filed WP and got interim order of Stay of transfer order, what is the legal validity and effect of Interim Order of Stay of transfer order?
2) In my IA for Stay, I had only prayer that Interim Order of Stay of transfer order to be granted and I shall be permitted to join duty as Member (Research Staff) in Y. The Hon’ble Court has fully allowed the IA and ordered the Interim Order of Stay of Transfer Order but has not specifically mentioned that I shall be permitted to join duty as Member (Research Staff) in Y. Since the IA has been fully allowed, does the Interim Order mean that I shall be permitted to join duty as Member (Research Staff) in Y?
3) Since the company has filed Appeal but has not taken Stay of the Interim Order, what is the legal validity and effect of the Contempt Petition?
4) The Company has filed the Appeal but has not requested for hearing even once. The company has not communicated the same to me even after submitting four requests to comply with the Interim order. That means the company has been simply waiting for the contempt petition to be moved. In this background, what is the propriety or legal validity of the Appeal?
Kindly reply to all of the queries pointwise. I also request you to kindly provide the reference of Supreme Court decisions or any other established law in support of your answer. I will be thankful to you.
sumat singhal
02 May 2015 at 10:54
can a person living abroad give mandate to someone operate an account in India
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job related
Dear sir Iam suffering lot financial problems so I deside to work two company's in marketing field as a regular employee currently Iam working stockbroking company as a relationship manager I got another job in bank as a asst manager both jobs is marketing role. If I work both companys legally any problems will be accured. Some body suggeste if u work both company's They will trace your PF A/c and both companies dismisse you and u r not eligile for 3years to get private jobs also. Iam totally fear about this issue please clarify me. Its legal or illegal to work dual companies in day time as a regular employee
Regards,
Samiulla s