Goapl Garg
30 April 2015 at 16:19
I hold 50% of the total shares in a company for long time and balance 50% shares are held by our relative.I was not director and only invested at formation stage with an intention of prospective returns.My relative used to look after and he himself and his wife were directors. three-four years ago we developed differences and since then I am not given any information,paper,access, anything by my relative and virtually thet control all the affairs.They have also appointed two new director but have not changed the shareholding patterns.I have to come that the company have been conducting big deals in papers and indulging in fake transactions to generate false purchase and sale and is earning commission but surely business what it is doing is not genuine and legal.The office,godown and factory shed is also in the name of the company.I desire to get separate from this but i am not heard by them.
i want proper records, intimation, access and a say in the affairs of the company and stop such business which is not lawful.
what options are available to me.my letter for any informations etc is returned and is not receivd.
Goapl Garg
30 April 2015 at 15:57
I am a bonafide tenant(by notarised Rent Agreement) governed by state tenancy act in respect of two rooms of a building which use them for my office purpose for a valid and lawful business with proper trade license, landline and my montly rent against bill regularly.These two rooms are in the back side of the building and they can be appraoched thrugh the only one main gate of the building which is also clealy defined in my agreement and the sketch with it.Recently it has come to my knowledge that my tenenated prtion is a separtae plot bought over by landlord earlier by separate conveyance deed and the front portion where he himself stays was a separate house bought by him later by separte conveyance deed and for his convience the landlord has kept the two properties as one adjecent to each other and with one entrance.The house where the landlord lives was under a mortgage as guarantor towards some loans availed by his married daughter and now the Bank has served the landlord some type of notice of 13(4) of Sarfaiesi act and pasted it on the wall of the house.The Bank people who came to do it, told that they would now take permission from magistrate for forcible possession of the house and in such case I will also be not able to use my office as it is in behind block of the house but this block is not mortgaged as also confirmed by landlor and Bank people.There is no malafide from landlor as he gave guarantee and motgages for his daughters family and theye are now in some trouble.
What the Bank can do to me is this situation?
what the landlord should do in this situation to give me protection?
what should i do in this situation? though neither landlord nor the bank is making any move to oust me, but if bank take possession of the front house then how i shall continue to use my office?
do i have any defense?
V Naga Prasad
28 April 2015 at 14:15
Respected Sirs,
Some of the vendors are not registered under Service Tax registration (we assumed that, the services are crossed more than Rs.9.0 lacs).
We are taking the services without payment of Service tax to the vendors.
Because that vendors are not registered under ST and not claimed the service tax amount on their bills.
Being a service receiver what is our liability....?
Please suggest me.
Thomas Benjamin
25 April 2015 at 14:53
We like to get an expert opnion regarding the Transfer fee and membership fee in a Apartment owners byelaw.The clause regarding the membership in the first meeting was as follows:-
“ The owner or his/ her spouse, son/daughter as may be decided by each residential apartment owner in the building viz.; LINK HEIGHTS shall hold membership in the Association and shall constitute the general body of the Association. The membership shall be compulsory. In case of sale or transfer of ownership of apartment, the membership of the Association will be deemed to have been automatically transferred from the seller/transferor to the purchaser/transferee. “
In last AGM, the above clause was changed and decided to collect Rs25000 from new buyers as Transfer Fee. We challenged. Association has no right to collect Transfer fee. because,Association’s duty is to manage the maintenance &staff,for which Association is collecting the monthly maintenance fee.
Now the Association is going to Amending the clause as “It is mandatory for each and every NEW BUYER in LINK HEIGHTS to become Member of the LINK HEIGHTS Apartment Owners Association by payment of Non-refundable Membership fees of Rs. 25,000/- (Rupees –Twenty five thousand only)”
We like to get an expert opnion regarding
1.Transfer fee of a maintenance managing association to a new buyer
2 Is it correct procedure of changing the automatic to a paid membership transfer?
3.The new buyer is not ready to take the membership as per bye law, but ready to share monthly expenses.
Thanks with regards
pundalika achyuta bhat
25 April 2015 at 11:34
I would like to take paid services of practicing lawyers/consultants well versed in the formation of limited company. I prefer lawyers/consultants from Dombivli/Kalyan area or from Mumbai/Thane area also. I am not sure whether I am approaching through the right forum?. Please guide me.
With regards,
Pundalika Achyutha Bhat
Janhavi Mantri
22 April 2015 at 11:35
Dear Sir,
My husband & his friend started a business (Amul shop)in July 2014 in partnership. In November 2014 his partner gave resignation as a partner and now he is demanding the entire money put in the business by him (200,000)
My husband said he is ready to give 100,000 back but full amount is not possible and the money is already spent (rent + electricity + civil work + freezer etc).
The partner's wife is a police inspector and trying to pressurized by the local police station to get the entire money back. The police officer had called my husband to police station and now he is threatening my husband and if you don't give the money back he will file a cheating case against him.
Honestly we have not cheated him. This was his decision and he left the business.
Please advice aswe have been pressurized by the police inspector.
Regards,
Janhavi
mahendra rai jain
19 April 2015 at 19:48
dear all,
A had some shares individually and jointly with his son B. A also had 4 daughters and one son B. Now A and B both died. C is only son of B (grand son of A). In all account of A, nominee is B. Now C wants to apply for succession certificate for him only.
my query is ?
1- whether he can apply alone for SC without making party of another sisters of his father.
2- whether C and his all bua's got equal share in property.
3- Is there any provision especially for share certificates.
Uday Kumar
17 April 2015 at 18:15
Dear Sir
As per Company Act 2013 where Windup Petition is filed .....earlier wind up petition was file din High Court ..
Regards
Uday Kumar
Balasubramanian
16 April 2015 at 19:06
A company three years after delisting holding 97% of shares passed a resolution in an EGM with a majority for consolidation of residual shares remaining un-tendered after delisting and at the same time offered an x amount to the residual share holders and compulsorily/Involuntarily withdrew the shares from the Demat accounts of residual shareholders and credited an equivalent amount in their savings bank accounts linked to the demat account without a court sanction as section 94 (1) (b) of companies act,1956 for consolidation does not require a court sanction,whether this involuntary withdrawal of shares from demat account is fair in law?Is it not an intrusion on Ownership of demat account holder?as it is a reduction in share capital under section 100 of companies act,1956 which requires a court sanction.can some body quote a case law for such a precedent?
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Case against genpact
Hi all,I have worked with Genpact for close to 2.5 years and decided to resign on 31st March 2015 after receiving my annual bonus for 2014 on 31st March.I agreed to serve the required notice period and everything seemed hunky dory until today where I did not get my Apr'15 salary because Genpact has decided to reverse my bonus payout claiming that I resigned on 31st march and that is their policy.I did go through the onl available document related to this which is my bonus letter and it states that if an employee resigns BEFORE 31st March he is not eligible for Bonus,but does not state "ON OR BEFORE 31ST" can anything be done about this please help as Im not sure how to proceed further.