kailash roongta
16 May 2012 at 18:39
Dear Experts
Against a Railway order supply was made as per the terms & conditions mentioned in the purchase order.The supply was accepted and payment also made there of.After expiry of 40-45 days railway intimated to us that "supply made by us is not as per railway specification."We under the gurantee/warranty clause replaced the rejected quantity but railway imposed on us liqudates damages (L.D ) When protested by us they justified the same by writing to us that" purchaser i.e. Railway has the right to impose L.D for delayed supplies". This is despite the fact that we have fulfilled our end of contractand made the supply within original delivery period stipulated in the order and Railway also made payment.
Please adise can Railway impose on us L.D in viewofabove stared facts.
I want to start a new Business venture in Transportation & Logistics. Do I need to register my firm under shops and establishment Act?
I want to register my firm under MSME Act, still do I need registration under Shop Act?
What are the other registration required for this business?
when resolution is passed in the board meeting and it is recored in the loose page, to make authentic & evidence proof what should be there ?
for eg stamp of the co,
sign & designation of the director
& what else................
is it require to submit in the roc?
Parthiv Pathak
15 May 2012 at 12:29
Dear Ld. Friends,
I wish to know is it possible to impose Credit Card Transaction Fees in Hong Kong by Any Entity. E.g. Can Jey Airways impose any amount in Honglong if anyone books a ticket on its website in Hongkong? Or at all it is possible to impose any credit card transaction fees in Hongkong by any Legal Entity? I came to know that recently, hong kong has passed the resolution that credit card transaction fees (of any percentage) can not be imposed by any foreign entity in hong kong. Pls provide your valuable guidance. Pls also provide weblink if any one has. I will search through that link. Thank you.
alok_pummy@yahoo.co.in
14 May 2012 at 17:14
There is a registered partnership firm having two partners. Now two of these wants to retire and two other wants to joint at the same time. Is this possible and legal.
Please guide how the deed shall be made and amount of stamp paper required.
thanks
oyayubihime
13 May 2012 at 15:43
I'm a Japanese and a director of Pvt Ltd company in India.
This company is invested by Japan.
1. Can we do trading business according to Indian law? We are manufacture at present, but we'd like to close it and start only trading.
2. Suppose, our company purchase goods from another state company A. We got payment from Japan and pay to company A. Company A send goods direct to Japan. Is it allowed?
3. In this case, Is this business under sales tax or service tax?
Kindly tell me.
Navi
12 May 2012 at 22:45
I had dispute with a Construction Company and now Former High Court Judge has been appointed as our Sole Arbitrator in Delhi. So would like to know should I go with older lawyer or hire any professional Arbitration lawyer?
Also Any good Arbitration Lawyer in Delhi?
Should I contact the Arbitrator or firstly appoint an advocate?
Should I ask Arbitrator for appointment?
Break Water
12 May 2012 at 12:13
Hi,
We have started the partnership firm (including me and other one) in 2010 and did the below process as of now.
1. We have prepared the partnership contract details on stamp paper and for the same we did the notary (included our firm's name).
2. Registered our firms name and address with local town’s municipality.
3. Procured the CST/GST number on basis of above document.
4. Procured PAN number of our firm.
5. Opened current account with nationalized bank of our firm.
As my other partner is not doing much activity so I want to remove him and include other but I want to keep the firm name same as it is as well as CST/GST number, PAN Number and bank account.
For your information, we have not registered the partnership firm with registrar office and with district industrial center (as SME or SSI unit). But now we are looking for those processes also.
Currently the firm is not started full fledged.
Your advice would be much appreciated.
Thanks.
coolguy
11 May 2012 at 23:08
My case is very interesting. We have a property in Delhi which was bought by my father in 1981 and (he is the sole licensee and owner with no one else recognized on lease deed by the government) later was given to a contractor for commercial use in 1983 as it is a cinema. the contractor gave us monthly share from profits but eventually would not vacate the premises wheh asked to do so in 1998 and he got rough with us by threatening my parents and problems started as all of a sudden in a matter of 2 months this man came up with a fake partnership deed in year 1998 stating that partnership deed was signed by my father in 1983 and another one in 1988 which shows that this contractor is the owner of 75 % of the property and we own 25 % but deed was never registered and we know that it is fake and thus my father complained to the police in various letters written to police but police did not register an FIR. this deed has a arbitration clause and he invoked the clause in 2000 and started arbitration proceeding at the same time and we filed a case against him in the district court for fraud and stay on arbitration proceedings but proceedings went on and we went to a few of them(proceedings) stating the same things in front of the arbitrator ( self appointed arbitrator based on fake douments, arbitrator is close friend of the contractor) but arbitrator rejected our view and mentioned that the documets were original as he has gotten it checked by an expert and gave an award in 2003 inspite of case filed in district court of fake documents and fraud which strictly asked by us for stopping arbitration proceedings. the contactor who delayed the proceedings by not event filing a written statement in the fraud case. the case is still going on in the district court which is a slow process and contractor has never submitted his documents in district court for signature verification. delhi high court has rejected our application for setting aside the award under section 34 and now we are in the supreme court where our SLP was admitted and interim orders were passed that they will wait for the suit in district court which is still going on and that is the one where we have asked the district court to make the documents null and void and stop the arbitrtion proceedings. supreme court has waited for almost 1 .5 years but suit is still pending and in the process of hearing on a biweekly basis and supreme has set up case for final disposal in end august 2012 and i am worried what if the district court suit is still not finalized? the other concern i have is that , would we lose the supreme court case or if the documents are proven to be null and void then win the case award would be set aside. the documents are 100 % fake and that is the reason this guy has never produced it in any court but he keeps crying over arbitration and his award as if the documents were ever checked he would go to jail. so contractor very smartly has used the arbitration clause in his favour but since supreme court has given us relief and left all pleas open including the plea of forgery in their orders i am expecting some relief but arbitration act is such that there is so little margin to fight the award. what do you think is going to happen???
Replacement of store
Dear Experts
Against a Railway order supply was made as per the terms & conditions mentioned in the purchase order.The supply was accepted and payment also made there of.After expiry of 40-45 days railway intimated to us that "supply made by us is not as per railway specification."We under the gurantee/warranty clause replaced the rejected quantity but railway imposed on us liqudates damages (L.D ) When protested by us they justified the same by writing to us that" purchaser i.e. Railway has the right to impose L.D for delayed supplies". This is despite the fact that we have fulfilled our end of contractand made the supply within original delivery period stipulated in the order and Railway also made payment.
Please adise can Railway impose on us L.D in view of above stated facts.