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

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Dharmish Bhupen Shah   27 March 2012 at 13:23

Company petition

I filed CP in 1997 for winding up. In 2007, i got Conditional order and in 2008 final order for winding up. Again in 2010, order was stayed and CP was recalled for final hearing and order was again in my favor. Defendant went in Appeal and Order was set aside by Division Bench asking Original Petitioner to file a Suit. Now on 23rd Feb 2012, Suit was decreed as prayed. But Still Defendant havent paid... SO what could be Next couse of Action? Can i Revive my Petition again?

Santosh Nair   27 March 2012 at 12:05

Project finance thru english mortgage

Hi
We are one of the consultants for a emerging well known IT company looking for a finance of 150cr in 2 yrs expansion plan. The company is running successfully more than 8 yrs. Company is ready to offer a 15% stake for the investment made.
We have a pvt. financier who can fund the project at 10% fix interest against English Mortgage.
I want to know as a Mortagage is it safe for our client to English Mortgage their company papers. This way client can save a good amount of funds by paying the interest for 3 years rather giving stake of 15% which will be 3 times of interest amount.
Pls advice.
Thanks






Rajan Shashikant Patel   27 March 2012 at 01:14

Beauty parlour

i live in a co-op.hos. soc., where my wife also runs a ladies beauty parlour from my home since last 4 yrs. now society has told us to close the parlour as it is commericial activity in residencial area...
what do we do...? can society ask for such thing...? if yes why after 4 years ? to the best of my knowledge beauty parlour is under " mahila gruh udyog " so it can operate from home ... what do law say about this ...? plz guide me

P.C. Joshi   26 March 2012 at 13:47

C&f agreement

Dear Friends,
I have enetered into a C&F Agreement with a party who will be working as a C&F agent. After about 6 moths, the C&F agent wants to shift/change the location of warehouse/godown at which agreement was made.

Pls advise what is the best way to reflect the above change i.e. whether a fresh agreement should be made at new address, the parties should made an addendum/amendatory agreement or should they exchange letter so that teher is no hessels in chnge of address in VAT R.C. and other Govt. documents.

Thanks & Regards
P.C. Joshi

Advocate Umesh   26 March 2012 at 12:54

Debts recovery tribunal

one of my client had taken loan of rs. 25,00,000/- from bank of india. in proceeding the amount settled for rs. 20,00,000/-. when recovery going on my client has been died, and his successors are came in the recovery proceeding but excluding one son viz. Ramesh. whose name purposefully avoided by the bank because he may complete the dues and vacate the landed property. further bank completed recovery without notice to the Ramesh. now the question is can Ramesh challenge the recovery proceeding? If yes then in which court? in Appellate Tribunal or in Bombay high court in Writ. please guide. thank you friends.

Asha   26 March 2012 at 10:25

Please help me sir i know this is academic qurey

Respected Experts
I know you all are not going to give this query reply but let me tell you all
that i was just asking my query to lawyers club but now you all experts are decided not to give academic query ..
please reply to this

Our company is a 100% subsidiary of another international company and it is a private limited company. We have approval under automatic route. Since parent company is holding 100% share holding, we have to allot one share to Director of the company to comply with the requirement of 2 shareholders. However the amount is paid by parent company and it is shown in the members register that director is holding one share on behalf of the parent company.
Can you any one advise whether this attracts 187C ( declaration by shareholder for holding share on behalf of others). If so, whether we have to file a declaration with ROC.
It is already informed to RBI about the holding of one share.
thanks in advance.
Please clarify.

gupta   25 March 2012 at 16:42

Use of only single/particular brand item in psu tenders

it is being increasingly seen that in construction and other works of public sector undertakings particular/single brands and their specifications are being specified in the tenders, though in the market several other brand owners equivalent to the particular brands specified are also available,the above leads to,(at the pretender stage)better pricing for the tendering company favoured by the single brand owner which ensures work to a particular tenderer, and other benefits to the department allowing use of single brand names,(at post tender stage) dictation of terms and condition on succesful tenderer by the owner of particular brand etc now my querry is;
1)is it allowed to specify single brand names in goverment/psu tenders?
2)what can be done to ensure participation of more than one brands at pre and post tendering stage.

salman khan   24 March 2012 at 13:00

Giving loan to my friend for business?

i am giving loan of Rs.30,000/- to my friend for starting or running heir dressing shop and my friend will give monthly profit of Rs.1500/- to me for the 11 month and after completion of eleven month my friend will return me whole Rs.30,000/- in that condition what surety i can demand in advance from my friend if they fail to comply the above promise and discontinue the profit.

sruti gupta   24 March 2012 at 10:45

Pre-emptive rights

Can a Shareholder of a PVT. Ltd. Co. pledge its shares to an outsider. ??
Can it be done without informing the other shareholders ?Can the Company use the provisions of Sec. 81 of the Companies Act, for this purpose. ?

Bhagya shree   23 March 2012 at 17:38

Registration under msme act is mandatory

Sir,

My organization is already registered under the Companies Act, 1956, whether it is mandatory to register under MSME Act or not?