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S DEB   06 September 2013 at 16:24

Performance bank guarantee

Before signing a contract the contractor has to furnish a performance bank guarantee for honouring the commitments entered into under the contract.
In case after signing the formal contract the contractor suddenly comes up to say that he made a mistake in the price calculation and wants to cancel the contract, in this sutiation can performance bank guarantee be invoked when the contractor admits the mistake and when there was no performance at all ?


somesh   06 September 2013 at 16:01

Re : bank loan

Dear experts

i would like to know whether bank can take possession of house (in which borrower stays) kept as collateral with bank under sarfaesi act as borrower has received the notice to pay the dues they had even mentioned about DRT in the notice.

i discussed the matter with someone and got to know that bank cannot take the possession of house of the borrower where he stays if he has another property with him.

how to deal with the situation kindly advise

Thanks

somesh   06 September 2013 at 15:47

Bank loan

Dear experts

i would like to know whether bank can take possession of house (in which borrower stays) kept as collateral with bank under sarfaesi act as borrower has received the notice to pay the dues they had even mentioned about DRT in the notice.

i discussed the matter with someone and got to know that bank cannot take the possession of house of the borrower where he stays if he has another property with him.

how to deal with the situation kindly advise

Thanks

Siddhi Jhunjhunwala   05 September 2013 at 17:08

C form

We had delivered some goods in Mizoram by imposing CST. The Party has its registered office in another state (Tamil Nadu). Can we accept the C Form of Tamil Nadu as the party says they will be able to provide us C Form of Tamil Nadu.?
Please suggest

navin   05 September 2013 at 12:23

Cheque & agreement



Hi all,



I wants to about law relating to get money back in case of default made by person whom we had given loan in good faith by writting a simple agreement . we keep blank cheques & his signature on blank stamp for secutiry purposes.

i want to know if someone made default then how we can use both those secutiry instruments to get our money back. & what all other requirements which we have to comply while adopting such procedure.



Thanks & regards:

Mahesh   05 September 2013 at 11:50

Applicability of section 297 of companies act

Hello Experts,

Please provide with your expert advise for my queries as below:

Company A is to purchase some registered Trade Marks and Copyrights of Company B. Company B is the registered owner of the Trade Marks and Copyrights involved in the transaction. Both are related parties as per the Companies Act. They have common directors and both are private limited companies.

I presume, RD approval is required for the purchase, sale of goods, services and materials as per the provisions of Section 297 of the Companies Act, 1956.

Please let me know, whether the registered Trade Marks and Copyrights will come under the category goods, services or materials and also let me know whether prior RD approval is mandatory for this transaction.

Please provide with your clarifications with supporting documents.

Awaiting for an early and positive replies.

Regards,


D.Mahesh

SANDEEP KUMAR   04 September 2013 at 20:20

Meaning

What is the meaning of legal language when somebody says that "Suit has been decreed"

S DEB   03 September 2013 at 15:51

Contract performance

After signing a contract by both the parties the contractor found that his profit margin would be hit if he performs the contract as per the stipulated clauses because the price estimate of a particular technical item was not according to the market price at that point of time. Now he has offered a less costly item with different specifications but specifically guaranteeing the performance of the project as per the terms of the contract.

In the above scenario can we accept his request because it is only the change in technical specification of an equipment and that too without any financial implication.

S DEB   03 September 2013 at 15:37

Contract

After signing a contract by both the parties the contractor found that his profit margin would be hit if he performs the contract as per the stipulated clauses because the price estimate of a particular technical item was not according to the market price at that point of time. Now he has offered a less costly item with different specifications but specifically guaranteeing the performance of the project as per the terms of the contract.

In the above scenario can we accept his request because it is only the change in technical specification of an equipment and that too without any financial implication.

Member (Account Deleted)   03 September 2013 at 12:04

Conversion of section 25 company from pvt. ltd. to public ltd.

A certain Flat owners association was formed in U.P. as a Section 25 Pvt. Ltd. Company Limited by Guarantee and having Share Capital in 2010 to look after the maintenance and welfar of the flat owners.Now its members desire to convert the said Company into a section 25 Public Ltd. Company Limited by Guarantee and not having Share Capital.Is such conversion possible under the existing provisions of the Companies Act,1956?