pushpakrishna
25 August 2014 at 17:48
A company registered under the Indian companies act regd.office at bombay.. the company collected the amounts from the public offering higher rate of interest from throughout the country. of course the company given an acknowledgement for receipt of the same. but back side of the receipt there is a clause 1)subject to the bobmay court jurisdiction 2)when ever there is a dispute regarding the same the matter should be referred to an arbitrator. we are on of the investors based at Hyderabad. a land is there at Hyderabad in the name of company.we filed a suit for recovery of amount basing the receipt along with an application for attachment of the land before judgement.but the hon'ble court returned with objections 1)when there is a clause of bombay jurisdiction of the disputes and 2) when there is an arbitrator clause how the suit is maintainable?Section 9 of cpc clearly says where there is right there is remady and in this case we have already given notices to the comapany and it's managing director but returned from the postal authority stating LEFT. dear Experts CANT WE FILE A SUIT FOR RECOVERY OF THE AMOUNT ALONG WITH AN APPLICATION FOR ATTACHMENT OF THE LAND BEFORE JUDGEMENT though there is a clause of arbitration.Thank you.
Arun Singh
23 August 2014 at 13:02
I was working on a assignment with one company. The MD of company has signed engagement letter. After the work complete, they had given only half fee. The deliverable was decided in the engagement letter. We have sent our documents on the mail to client. The client didn't not respond anything on the same. Nor accepted the documents, nor rejected the same. Now when we are following for payment, they are saying on phone that work was done properly. However, they have used our work for their business development.
To get confirmation on mail, I have sent an email stating that if you have any issue with our work, please let us know. There was no response to this mail.
Now they are making the payment of balance fee, whether we can take any legal action in this case.
Vasu Moottu Kuzhiyil
22 August 2014 at 23:13
1) Whether a partnership firm with existing two members (Out 4 who formed PF inin 2012, 2 have already retired signing rtd deeds) can be converted into a Pvt Ltd Co?
2) As our firm was formed in 2012, after conversion whether we can claim the formation with a retrospective effect.
3) after conversion, how do others know that we have been doing business sine formation of Partnership firm
Amit
22 August 2014 at 14:01
Dear Sir,
One of our client - being a Pvt Ltd Company has not done any Audits, Filed financials, Paid Taxes ( S.tax, PF, PT etc) for past years from 09-10 to 13-14.
where NO AGM was conducted for appointment of auditor and financials as well.
Now we are appointed as Auditor under Cos. Act for the same. Company is applying for CLSS Scheme, 2014 to avail immunity and fees waiver.
CARO is not applicable to Company.
Query: 1.Can company now held AGM dated in 2014 appointing us as Auditor for past 5 years from 09-10 to 13-14 ?
2. Can we sign the audit report ( after duly qualifying non-payment of statutory taxes ? Any precautions are most welcome
3. What would be the date of Financial Statements - can they be dated of respective years or has to be current date of signing
4. Applicability of Law - As per Gen. Circular, the provisions of Cos. Act 1956 will only apply as clarified by MCA
Company Law expert advise are most welcome. Many thanks for your time and guidance
Yogesh Kumar Gulati
22 August 2014 at 07:18
I want to file a petition for winding up of a company based in Jabalpur for its anability to pay the debts. As per the Company Act 2013, this suit needs to be filed before National Company Law Tribunal. This Tribunal is not constitued as yet. Where I need to file this suit. Which Company Law will be applicable 1956 or 2013. Please suggest.
I wish to appoint a competent advocate having experience of Company Law
Yogesh Gulati
sujit
21 August 2014 at 21:44
i have got franking done on wrong drafts , for rs 40000/- ,is there any way by which i can get it rectified or can i get the amount back from the bank and get other drafts franked
mohan sehgal
20 August 2014 at 21:04
By wrong advice,we filed for central Excise
Registration even though we are only Job Work Manufacturer....Processing/Working on Inputs/Semi-finished goods supplied by the maufacturer/seller of goods on payment of excise duty,,,what is the procedure to be followed for surrender of excise R.C.....
Rohit Gupta
20 August 2014 at 18:17
is it mandatory for district magistrate to take the 13 point affadavit from the authorized officer as per amended section 14 of the sarfaesi act?if he does not have affadavit can he proceed to give the possession of the motrgaged property?
Hira Kan
20 August 2014 at 16:31
Please confirm the following,
whether the Loan from Director to deemed public Company was permitted under old act (CA, 1956) ?
whether the Loan from members to deemed public Company was permitted under old act (CA, 1956)without following any procedure ?
Please confirm, whether the Loan from members (received on 01.04.2014 without following procedure) to deemed public Company is permitted under New act (CA, 2013)?
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Revaluation of fixed assets in running partnership firm
A partnership firm constituted with nine partners. In accordance to clause of partnership deed partnership shall be continued after death of any partner. Now legal heir of the deceased partner is interested to be a partner, but the existing partners do not agree with him. Existing partners decided that the entire capital along with share of profit and interest on capital as on date of death of said partner will be paid out to heir of deceased partner as final and full settlement. But heir of deceased partner demanding revaluation of fixed assets so that share value will get higher and he will get the inflated capital as a share of his interest in partnership firm. Now the question is – can he claim like that – in a running partnership firm? Will it be lawful in the eye of Income Tax Act? What is saying Indian Standard Accounts?