NISHIT SHAH
20 July 2014 at 23:26
Please let me know, if the banker received a cheque from it's account holder for clearing purpose, in which name of other person as payee is written, but the same appearas simple cross and bearer. Can Banker process it for clearing purpose and send it to the drawer's bank for it's clearing and get credit of it in to the saving account holder with it ?
COLLECTING AND PAYING BANK IS SAME AND CLEARING CHEQUE PAYMENT MODE BY TRANSFER
Suppose NISHIT has deposited cheque with NUTAN Bank where in he maintained saaving account.
Cheque drawn in favour of NIRAJ issued by NIPA. Cheque is simple cross and also bearer.
Can NUTAN Bank give deposit/ clearance in favour of NISHIT, in his account, amount of cheque.
If the cheque is deposited with wrong OR good intention, is there any liability as collecting same as paying banker ?
Please advise with some relavent decision on same line. Thank you.
Achhru Kumar Singla
18 July 2014 at 23:12
Bank has charged excess interest than the contracted rate. on submission of claim of excess interest charged, bank replied that panel interest is charged in the account but no statement of the account indicates that any panel interest charged in the account. As per the guidelines of the RBI, penal interest to be shown separately in the statement of accounts if charged.
Kindly advice to get the refund of the excess interest charged by the Bank
Achhru Kumar Singla
18 July 2014 at 22:49
Dear Sir,
A partnership firm of 3 partners (me, now expired partner and third partner) account was declared NPA by Bank and outstanding was 20 lacs. The business of the partnership was shut down due to dispute with the third partner. The bank auctioned the property of the son of the third partner who was guarantor in the account for Rs. 10 lacs in July 2011 and the sales proceeds of the property kept in sundry account because confirmation of sale was stayed by the DRT. Even we move to DRT for stay against our properties mortgaged in the Bank and deposited 10 lacs in Sundry Account in June 2011 as per the directions of the DRT.
As per the directions of DRT on 18/03/2013, me and son of the expired partner signed the MOU with Bank for settlement of the account 2/3rd of the total agreed amount of Rs. 30 lacs. A minute of meetings are drafted and signed by the Bank and us for our share and Bank agreed to settle the account individually and the only condition of the OTS was to deposit Rs. 10 lacs before 26/03/2014 which we have fulfilled and deposited accordingly nothing was mentioned about the share of the third partner as already Rs. 10 lacs was lying in sundry account with Bank. Now the Bank said that the OTS is rescinded as the third partner has not agreed to deposit his share. On the basis of the Bank's refusal, DRT dismissed our SA and also confirm the sale of the property of the son of the third partner i.e. dismissed the SA of the son of the third partner. Now the bank has filled the case of recovery of Rs. 40 lacs. kindly advise on the matter copy of the minutes of meetings is attached
mohan sehgal
18 July 2014 at 22:47
we are shifting our place of final removal of finished goods(Premises)to our other registered premises.....what is the procedure to follow for transfering the stock of finished goods to the new premises ??
mohan sehgal
18 July 2014 at 22:03
we have got three premises registered under
central excise due to working space problems....however,we remove the final finished goods from one unit only after paying full appropriate excise duty....whether we have to mention R.C. no. of all the three units or the R.C.No.of the removal unit only on the sale -invoice....
AJIT KUMAR
18 July 2014 at 13:40
Hello,
How to claim for my money that taken by one finance company as a saving basis but now that company is closed and not responding but one that partner is in knowledge please help........
Hira Kanabar
18 July 2014 at 10:50
Can you please tell me the stamp duty payamble on modification of gratuity agreement in Mumbai.
Dharmish Bhupen Shah
17 July 2014 at 14:50
Dear Sir,
If i want to get my company under BIFR. What is the procedure to be followed? And what are the different time lines.
Regards,
Dharmish
Manoj
17 July 2014 at 10:48
There are 3 partnership deed.
(1) Partnership deed between A,B and C.This deed were registered and was also registered with Registrar of Firm.
(2) B and C decided to retire from above mentioned partnership and D joined as
partner with A.
(3) after few years D decided to retire and E joined as partner with A in the existing firm.
It has been 20 years by now but
No (2) and (3) partnership deed are not registered with Registrar of Firm till date.
question:
Can we now registered the partnership deed
No(2) with Registrar of firm which partnership is not existing ?
and if No(2) partnership is not registered with Registar Of Firm can the No (3) be registered now ?
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Agreement(on rs 50 e-stamp) to sell & purchase a property
My client(Purchaser) entered into an agreement(on Rs 50 e-Stamp) to sell & Purchase a property & paid the Earnest Money.Under this agreement it was stated that the property under sale is free from all sorts of encumbrances such as sale, mortgage,lien,legal flaws etc.Later on when the client applied to the Bank for housing Loan.it was revealed that the said property is mortgaged with some other Bank.What legal course of action available to the my client?