sumat singhal
02 May 2015 at 10:54
can a person living abroad give mandate to someone operate an account in India
meg
30 April 2015 at 22:38
Hi all,I have worked with Genpact for close to 2.5 years and decided to resign on 31st March 2015 after receiving my annual bonus for 2014 on 31st March.I agreed to serve the required notice period and everything seemed hunky dory until today where I did not get my Apr'15 salary because Genpact has decided to reverse my bonus payout claiming that I resigned on 31st march and that is their policy.I did go through the onl available document related to this which is my bonus letter and it states that if an employee resigns BEFORE 31st March he is not eligible for Bonus,but does not state "ON OR BEFORE 31ST" can anything be done about this please help as Im not sure how to proceed further.
Goapl Garg
30 April 2015 at 16:19
I hold 50% of the total shares in a company for long time and balance 50% shares are held by our relative.I was not director and only invested at formation stage with an intention of prospective returns.My relative used to look after and he himself and his wife were directors. three-four years ago we developed differences and since then I am not given any information,paper,access, anything by my relative and virtually thet control all the affairs.They have also appointed two new director but have not changed the shareholding patterns.I have to come that the company have been conducting big deals in papers and indulging in fake transactions to generate false purchase and sale and is earning commission but surely business what it is doing is not genuine and legal.The office,godown and factory shed is also in the name of the company.I desire to get separate from this but i am not heard by them.
i want proper records, intimation, access and a say in the affairs of the company and stop such business which is not lawful.
what options are available to me.my letter for any informations etc is returned and is not receivd.
Goapl Garg
30 April 2015 at 15:57
I am a bonafide tenant(by notarised Rent Agreement) governed by state tenancy act in respect of two rooms of a building which use them for my office purpose for a valid and lawful business with proper trade license, landline and my montly rent against bill regularly.These two rooms are in the back side of the building and they can be appraoched thrugh the only one main gate of the building which is also clealy defined in my agreement and the sketch with it.Recently it has come to my knowledge that my tenenated prtion is a separtae plot bought over by landlord earlier by separate conveyance deed and the front portion where he himself stays was a separate house bought by him later by separte conveyance deed and for his convience the landlord has kept the two properties as one adjecent to each other and with one entrance.The house where the landlord lives was under a mortgage as guarantor towards some loans availed by his married daughter and now the Bank has served the landlord some type of notice of 13(4) of Sarfaiesi act and pasted it on the wall of the house.The Bank people who came to do it, told that they would now take permission from magistrate for forcible possession of the house and in such case I will also be not able to use my office as it is in behind block of the house but this block is not mortgaged as also confirmed by landlor and Bank people.There is no malafide from landlor as he gave guarantee and motgages for his daughters family and theye are now in some trouble.
What the Bank can do to me is this situation?
what the landlord should do in this situation to give me protection?
what should i do in this situation? though neither landlord nor the bank is making any move to oust me, but if bank take possession of the front house then how i shall continue to use my office?
do i have any defense?
V Naga Prasad
28 April 2015 at 14:15
Respected Sirs,
Some of the vendors are not registered under Service Tax registration (we assumed that, the services are crossed more than Rs.9.0 lacs).
We are taking the services without payment of Service tax to the vendors.
Because that vendors are not registered under ST and not claimed the service tax amount on their bills.
Being a service receiver what is our liability....?
Please suggest me.
Thomas Benjamin
25 April 2015 at 14:53
We like to get an expert opnion regarding the Transfer fee and membership fee in a Apartment owners byelaw.The clause regarding the membership in the first meeting was as follows:-
“ The owner or his/ her spouse, son/daughter as may be decided by each residential apartment owner in the building viz.; LINK HEIGHTS shall hold membership in the Association and shall constitute the general body of the Association. The membership shall be compulsory. In case of sale or transfer of ownership of apartment, the membership of the Association will be deemed to have been automatically transferred from the seller/transferor to the purchaser/transferee. “
In last AGM, the above clause was changed and decided to collect Rs25000 from new buyers as Transfer Fee. We challenged. Association has no right to collect Transfer fee. because,Association’s duty is to manage the maintenance &staff,for which Association is collecting the monthly maintenance fee.
Now the Association is going to Amending the clause as “It is mandatory for each and every NEW BUYER in LINK HEIGHTS to become Member of the LINK HEIGHTS Apartment Owners Association by payment of Non-refundable Membership fees of Rs. 25,000/- (Rupees –Twenty five thousand only)”
We like to get an expert opnion regarding
1.Transfer fee of a maintenance managing association to a new buyer
2 Is it correct procedure of changing the automatic to a paid membership transfer?
3.The new buyer is not ready to take the membership as per bye law, but ready to share monthly expenses.
Thanks with regards
pundalika achyuta bhat
25 April 2015 at 11:34
I would like to take paid services of practicing lawyers/consultants well versed in the formation of limited company. I prefer lawyers/consultants from Dombivli/Kalyan area or from Mumbai/Thane area also. I am not sure whether I am approaching through the right forum?. Please guide me.
With regards,
Pundalika Achyutha Bhat
Janhavi Mantri
22 April 2015 at 11:35
Dear Sir,
My husband & his friend started a business (Amul shop)in July 2014 in partnership. In November 2014 his partner gave resignation as a partner and now he is demanding the entire money put in the business by him (200,000)
My husband said he is ready to give 100,000 back but full amount is not possible and the money is already spent (rent + electricity + civil work + freezer etc).
The partner's wife is a police inspector and trying to pressurized by the local police station to get the entire money back. The police officer had called my husband to police station and now he is threatening my husband and if you don't give the money back he will file a cheating case against him.
Honestly we have not cheated him. This was his decision and he left the business.
Please advice aswe have been pressurized by the police inspector.
Regards,
Janhavi
mahendra rai jain
19 April 2015 at 19:48
dear all,
A had some shares individually and jointly with his son B. A also had 4 daughters and one son B. Now A and B both died. C is only son of B (grand son of A). In all account of A, nominee is B. Now C wants to apply for succession certificate for him only.
my query is ?
1- whether he can apply alone for SC without making party of another sisters of his father.
2- whether C and his all bua's got equal share in property.
3- Is there any provision especially for share certificates.
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Validity and implementation of interim order of stay; maintainability of contempt petition
Brief Facts of the Case:
i) M/s Company X is a Public Sector Unit with Nine Production Units. In addition, Company X has established two Laboratories Y for R&D purpose. The executives of Y constitutes a Separate Cadre and are governed by separate Service Rules. In Short, the Service Rules for executives of X and executives of Y are substantially different. In fact, the service benefits of executives of Y are much superior to the service benefits of executives of X.
ii) In October 2010, I was appointed as Member (Research Staff) and was posted to Y. Subsequently, in January 2014, I was transferred from the post of Member (Research Staff), Pay Scale 16,400 – 50,500, in Y to the post of Deputy Engineer, Pay Scale 16,400 – 40,500, in Production Unit of X. In this way my Cadre and Service Rules was changed by means of Transfer. I was transferred and relieved within a day without any exigency. Since I was relieved within a day, in the interest of discipline I had complied with the transfer order and joined duty as a Deputy Engineer.
iii) Having my service condition altered substantially, I challenged the validity of Transfer Order through a Writ Petition before the Hon’ble High Court in May 2014. In October 2014, Hon’ble Court had issued Rule/admitted WP.
iv) Subsequently, I moved Interlocutory Application for Interim Order of Stay of the transfer order. In that IA, I had prayed for grant of interim order of stay of the transfer order and permission to rejoin duty as a Member (Research Staff) in Y. This was what the final relief sought.
v) In December 2014, Hon’ble Court was pleased to allow the IA and had granted the interim order of Stay of the transfer order with observation that “the transfer order is illegal, ex-facie and thus calls for interference”. That means, the Hon’ble Court had granted the interim relief which tantamount to the final relief.
vi) Subsequently, I sent four representations to the CMD and requested to comply with the Interim Order. The Company has not responded for any of my representations.
vii) Having no other option, I filed Contempt Petition (Civil) in March 2015. Hon’ble Court has ordered notice.
viii) After filing the Contempt Petition, I came to know that on in January 2015, the company filed the Writ Appeal and has also moved IA for Stay of Interim Oder. But Company has never requested for hearing of IA and so the Appeal has not been posted for hearing even once. That means, company has not taken Stay of Interim Order.
Queries:
1) As mentioned above, I was transferred and relieved within a day, so I had complied with the transfer order in the interest of discipline. Having complied with the transfer order and then filed WP and got interim order of Stay of transfer order, what is the legal validity and effect of Interim Order of Stay of transfer order?
2) In my IA for Stay, I had only prayer that Interim Order of Stay of transfer order to be granted and I shall be permitted to join duty as Member (Research Staff) in Y. The Hon’ble Court has fully allowed the IA and ordered the Interim Order of Stay of Transfer Order but has not specifically mentioned that I shall be permitted to join duty as Member (Research Staff) in Y. Since the IA has been fully allowed, does the Interim Order mean that I shall be permitted to join duty as Member (Research Staff) in Y?
3) Since the company has filed Appeal but has not taken Stay of the Interim Order, what is the legal validity and effect of the Contempt Petition?
4) The Company has filed the Appeal but has not requested for hearing even once. The company has not communicated the same to me even after submitting four requests to comply with the Interim order. That means the company has been simply waiting for the contempt petition to be moved. In this background, what is the propriety or legal validity of the Appeal?
Kindly reply to all of the queries pointwise. I also request you to kindly provide the reference of Supreme Court decisions or any other established law in support of your answer. I will be thankful to you.