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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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MANOJ HARIT   08 November 2012 at 17:40

Mortgage.

Respected Experts,

ABC Pvt Ltd has mortgaged its' Fixed Assets with a Bank for Term & CC Loans by way of Regd Mortgage Deed & duly registered the same with the Registrar in 2003.
In 2010 an unsecured creditor got a money decree against the Company. It has filed foe Execution of the Decree.
Now it has moved an application under O 21 R 54 for attachment of the same property.
Is it possible? If yes,
What are the option for the Company.

Thanks,
Regards.

Ritika singh   08 November 2012 at 17:11

Whether creditor can decide appropriation ???

the loan agreement executed between a bank and a company . the appropriation clauses on default call for applicability of the agreement or in absence of the same sections 59-61 of the indian contract act .......can in anyway the creditor/lender/ bank determine the same on default???.......can the terms of laon agreement be altered for the same as far as appropriation is concerned??

Sameer Talha   08 November 2012 at 15:59

Order placed but vendor is not delivering the material

i had placed an Purchase Order through mail on A particular vendor and after 2 weeks he is saying verbally that he cannot supply the material is there any law which can force him to supply the material.
Note: Order was mailed to him through mail and no confirmation or acceptance is there in written. awaiting for your reply

shrey   08 November 2012 at 13:15

Stamp duty - takeover of business by company read more at: http://www.caclubindia.com/experts/ask_q

Dear Friend

Company is taking over running business of Proprietorship firm for consideration of 1 crore paid through issue of shares.

Properties under takeover are all MOVABLE. We have executed Takeover Agreement to keep things in written

However I find there is applicability of Stamp Duty under Entry 23 (attached herewith) of Rate of stamp duty as applicable in state of Delhi (under conveyance) as agreement talks of sale of property, however if sale purchase movable property individually no Stamp Duty is applicable.

Pl suggest how to plan this deal without paying any stamp duty

Sec 2(10) define Conveyance as :

“Conveyance.”

(10) “conveyance” includes a conveyance on sale and every instrument by which property, whether moveable or immoveable, is transferred inter vivos and which is not otherwise specifically provided for by Schedule I 5[or by Schedule I-A, as the case may be;]

As per transfer property act : every property which is not IMMOVABELE is movable property

Thank you in anticipation

jiten Agechaniya   08 November 2012 at 11:22

Exim

what is the proceeder of import&export of goods?

Abhishek P. Godha   07 November 2012 at 15:41

C form has not been issued by the buyer

One of my client at madhya pradesh has supplied material to a buyer in maharashtra. in the year 2009-10,2010-11,2011-12 and till july he was supplying the material. in the offer he mentioned the terms of lower sales tax against form c. but till now he has not received form c from his buyer. in madhya pradesh the trader has to submit the forms along with the returns on a quarterly basis. my client couldn't submit the forms with the authorities. and got a notice of paying the amounts of tax as per local sales tax rates plus interest and penalties as applicable in the state. still the forms are pending with his buyers. also he is having some amounts of buyer in his account. i would like to ask can my client do some legal actions against his buyer for non issuing the forms which has caused him of paying huge tax amounts.
thanks
abhk

Member (Account Deleted)   07 November 2012 at 10:11

Excise return -er-1

While filling online the Excise Return viz.ER -1, against the actual deposit of Rs. 55000 by mistake we have shown the amount as 50000 in the deposit column. As a result, there is a difference of Rs. 5000/- between the actual deposit and the balance shown in the said return.
How to rectify the above mistake in the Return?
Information is most urgently required by us.

amar   06 November 2012 at 10:58

What licenses do i need ?

Dear sir/ mam i want to run a lucky draw scheme. which licenses do i required to run this scheme? the scheme is to collect the sum amount of money from people & give them a sum rups of return to every one aftre a fixed time period and every month take a lucky draw and declare one no as a luky no and give him sum amount of money. so plz tell giude me thanks in advance

Asha   05 November 2012 at 16:53

Law

Can anybody please provide the provisions for the appointment of the Chairman of the Company (not of the meeting) like the appointment, duties, responsibilities means can he be on a safer side by appointing himself as chairman only and not as a Director. Please help it urgent. thanks

atul mehta   05 November 2012 at 16:08

Sarfaesi act

Respected sir,s
I am a guarantor and mortgaged my property with bank for a loan taken by friend who has a pvt ltd company,the company has defaulted in repayment. now my property in put to auction. How can i save or how can I get a stay order against the Auction by the bank. please help me.

Thanks n regards