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Martin Fernandes   10 February 2014 at 10:36

Transfer of proprietorship

Dear Sirs'

My wife was a proprietor of a manufacturing company no she has expired and i want to takeover and run the business how do i change the bank ac and the proprietorship of the firm in terms of registration and legal procedure. Please Guide

Aman   10 February 2014 at 02:40

Creation of charge and subsequent registration of the same

My company has taken a loan from a bank; with another bank acting as a secured trustee for the said disbursed loan.
My query is whether a 'charge' was created as soon as the 'facility agreement' was executed and should the same be registered; even when there is an express provision in the facility agreement that 'a charge' would be created after the occurrence of 'event of default'(wherein I would then have to deposit the receipts obtained from my customers to a blocked bank account)? So is it justifiable to wait for the occurrence of 'event of default', if it may occur, to get the charge registered or should the bank register it straightaway?
Also, is there any judgment pertaining the aforesaid point which can further clarify my dilemma?

RACHIT   08 February 2014 at 18:03

Trading window

The meeting of the board of directors of Listed company going to held on Feburary 13 ,2014 for consideration of financial results (clause 41)
as per sebi circular dated 3 feb 2014 is there is any requirement to disclose trading window period to stock exchange .Sir please kindly provide me the format for disclosure

find attached SEBI circule.

Rajiv Kaicker   08 February 2014 at 17:52

Companies act,2013

My client is an Indian Company based in Delhi NCR.It has a Hong Kong based wholly owned subsidiary.The HK WOS has set up an industrial project in Africa Region.

The Indian Company and the Company at Africa have two common directors.

In view of Section 186 of the C.A.,2013 not being notified,the Indian Company has considered Section 372A of the C.A.,1956 and decided to give a Guarantee for obtaining a Term Loan for the African Cmpany?
Is this decision valid within the framework of the Companies Act?

sachin   07 February 2014 at 19:52

Clauses for term sheet

Dear Sir / Madam,

A real estate company wants to tie up with different consumer brands to give discounts to its customers who have purchased its flats and in return the real estate company shall promote those brands through its websites and advertisements. What should be the clauses that should be captured in the term sheet?

Regards,

Sachin

Amit   07 February 2014 at 19:42

Recovery of outstanding amount

My father's business is that of transportation of goods by road on contract basis, one of our parties has delayed at about more than 6 months to clear our outstanding dues & now, instead of paying interest charge for such delay, rather they are demanding to deduct some percentage of due payment on the point stating that we had charged more than reasonable in the bills, eventhough the same bills had been beforehand verified & passed by there own executive.

Now, the problem is that my father thinks that t takes along period to recover such amount through legal proceedings.

So, my question is that, is there any legal way available to us through which the same due amount could be recovered at its earliest???

Please help me out....

S DEB   07 February 2014 at 00:14

Filing of petition

The problem:

Mr. X was aggrieved by the decision of a company ABC as he was not given a fair chance to bid for a tender and wants to file a case against a particular officer of the company who is in a senior managerial capacity and took important decision regarding this particular tender. The tenders were published by the company in newspaper and the name of the officer as mentioned above appeared in the tender notice as authorized representative of the company.

The questions are:

1. Can Mr. X file a case against the particular officer because he was the nodal officer in the tendering process and against whom the majority of the grievance lies ?

Or

2. Should Mr. X file a case against the company which is a juridical person and not against the particular officer ?

naushad   06 February 2014 at 18:06

Regarding demand draft revalidation period

I am purchaser of Demand Draft Rs. 50000/- dtd. 23.08.2011 issued as security deposit to execute a Tender, Whereas due some reason our Tender was forfeited and SD submitted towards SD was not cleared from Bank.
Now the Tenderer dt. 09.01.2014 is writing letter directly to our Banker asking to re-validate the Demand Draft which we objected that without our consent the same cannot be revalidated.
However earlier to this we had submitted with Indemnity Bond to cancel the DD dt. 26.11.2013 which our banker is ignoring to execute same.
So please guide, what is limitation to re-validate the Demand Draft can the beneficiary claim the same right now?
Can Banker directly without consent re-validate the Demand Draft?

Ashish Singh Narwariya   06 February 2014 at 18:01

Partnership firm

sir ,my query is that one partner(A) of regd firm retires from firm by giving written notice and business of firm taken over by other partner(B) but the other partner (B) is not paying this retired partner(A) capital credit balance as per financial accounts , what remedy is with this to recover amount , partner ship deed has arbitration clause in it ,a lawyer notice is also given to that partner(B) in this regard but he did not turn up he doesn't talk to him.
what legal remedy left to partner (A) .
pls reply

amit shinde   05 February 2014 at 01:12

Down payment refund rules

Hi,

I have given down payment for 2nd hand car and due to some reason need to cancel this deal.

Car owner is now refusing to return my money. What should i do????

As per proof i have my banks statement which shows cheque payment details.

Please advise me.