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Jolly Shah   21 August 2009 at 00:06

SMS business - Legality & Validity

My client is a businessman dealing in SMS business over internet and having very good market for his product. People visit his website and buy SMS pack of their choice. He is visionary and now has developed a unique software which gives user offnet SMS pack to be used to market one's own products.

Whether (1) My client, (2) SMS Receiver, (3) Customer of my client, or (4) Mobile Service Provider - is liable for anything within Business Law, Civil Law or Criminal Law or any other statute for any kind of damage that would be occure to SMS receiver. (may be wrong SMS or non-interested or harrassing SMS etc)

seema   20 August 2009 at 16:47

Form 5 For increase in authoresed capital

i hav filled form 5 with ROC on 01/06/09 with ROC fee.After that i hav send hard copy of form 5 to ROC also but i hav not received any confirmation.
today i checked the master data of the company then see that authorised capital was not increased. i called up to ROC a know the fact that bcoz i hav't paid stamp duty, authorised capital was not increased. he said that i fill form 5 again and paid ROC fee again.
Now what can i do? PLz help.

SREEKUMAR   19 August 2009 at 22:58

BORROWING LIMITS FOR PVT LTD/LTD COS

A bank wishes to fund pvt/ltd company. what are the major points to be looked into w.r.t. borrowing limits/powers of the company?
Is there any restrictive clause in company law w.r.t.the maximum amount than can be borrowed by a company?

SREEKUMAR   19 August 2009 at 22:52

DEATH OF A PARTNER

There are 5 partners in a firm which is closely held by family consisting of father & sons. Whehter death of the father dissolve the firm?

R.K.MURARKA   16 August 2009 at 09:06

Colletral security damaged due to negligence

I wanted to know that Mumbai High Court Receiver had taken possession of the factory with assets under High Court order for recovery of the bank dues.Due to their negligence and not taking any insurance policy by bank though given undertaking, whole property hasd been damaged in cyclone and earth quake. Thus whole security had been lost. I wanted to have a latest citation of Supreme Court that the High Court receiver or Bank is liable to pay the value of the property.

harkirat singh   11 August 2009 at 23:30

Sahres not transfered.

Dear All
I have joined a small pvt ltd company and filled form32 as directed by Ca of company. there after i given secured loan to that company whose authorised capital is 100000.
the loan amount is 1500000/- and all money is transfered on line to company's account.Now one of the director does't want to get me as director and want to do malpractice. sine funds are already transfered to company and to onedirector's father account.
My query is in case any dispute happens on secured loan how this money to be recovered and how can these directors are punished by law.
No receipt has been obtained yet, but money transfered is by on line and small amount deposited cash for which pay in slip has my pan number and name

How legally I can become strong. Secondly 1100,000/- I gave on interest for which promissory note is received and cheque is yet to be received.
In case they don't pay back what is legal action for both of above cases

Regards

harkirat singh   11 August 2009 at 23:27

Sahres not transferes

Dear All
I have joined a small pvt ltd company and filled form32 as directed by Ca of company. there after i given secured loan to that company whose authorised capital is 100000.
the loan amount is 1500000/- and all money is transfered on line to companies account.Now one of the director does't want to get me as director and want to do malpractice. sine funds are already transfered to company and to one of their fathers account.
My query is in case dispute happens on secured loan how this money to be recovered and how can other directors punished by law.
No receipt has been obtained yet, but money transfered is by on line and small amount deposited cash for which pay in slip has my pan number and name

How legally I can become strong. Secondly 200000/- I gave on interest for which promissory note is received and cheque is yet to be received.
In case they don't pay back what is legal action for both of above cases

Regards

Ami Parekh   11 August 2009 at 15:12

Stamp Duty on Issue of Share Certificate

Dear Expert,
Can somebody please explain me the procedure of Issue of Share certificate what is the rule on payment of stamp duty on share certificate issued. what are the rates applicable of stamp duty do they differ according to states & what has to be taken in to consideration the place of Board meeting or the registered office of Company of which share are issued.
awaiting ur reply
ami

Prashant   11 August 2009 at 09:52

Companies act- holding & Subsidiary status

Suppose A Pvt Ltd holds say 50% of shares in B Pvt Ltd. Since holding of A Pvt ltd is not more than 50% it cannot become the holding company of B Pvt ltd u/s 4 of the companies act. So how can it become the holding company by having the management control because since share holding is insufficient how one can take control on the board especially when there are only 2 shareholders involved i.e. in the present case A Pvt Ltd holds 50% & say C Pvt Ltd holds 50% share capital of B Pvt Ltd then if A pvt Ltd wants to have holding status of B then how can it acquire management control.

Thanks in advance

Ramesh   10 August 2009 at 16:02

Company's Act

What are the benefits converting a partnership firm in to a Pvt. Ltd. company

Kindly give your opinion.

Regards,
Ramesh Mande