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Mrs.n   23 September 2013 at 16:15

Demadn nottice -138 of negotiable inst.act

Hello,

my query is

1) within how many days from the bank letter regarding dishonour of cheque , one should issue demand notice ?


2) and it is necessary that in such prescribed period demand notice should also be received or only just within prescribed period it is to be sent .receipt is immaterial ?


3) after receipt payee have to pay the amount within 15 days ? pls conform 15 days .


4) after failure to pay within 15 days . within how much period suit can be instituted ??



pls suggest

shashikant gharge   22 September 2013 at 22:39

Recovery suit

I am doing business one party from ahemadabad sent me without order material in high prices i do not agree and as per his telephonic instructions same material i transfered to other party but piarty was asking payment to me. finally he charged recovery suit upon me i havenot received notice my neighbour took the notice after that he he got pledge from court and on support from that document he took post dated cheques from me i was enable to pass cheques but i sent him same amount through NEFT till this date i have paid him 80% amount but now he is refusing that he have not received the amount please suggest me in this case what can i do?

VIKAS   22 September 2013 at 15:38

Mis-management and fraud by managing director

the Company is under Compliance and has not filed its financials with ROC for 2011-2012 and also for current year yet. also the Managing Director of the company is doing some frauds. the company has issued unsecured debentures to the other Company and also the Director of other company is member and director for the same company too. currently the company is having Directors strength of 5 and also they are members of the company out of that one directors holding is 50% and the promoter cum Managing Director of the company is having holding of 27% (approx).

the Directors and members of the same company want to remove or restrain the Managing Director from doing further business Activity.

Kindly suggest the procedure and options attracting the provisions of Company Law.

J T Mahavar   21 September 2013 at 12:34

Non payment for service provided

I have provided very special services of marine operations to a shipyard. The yard has issued purchase order as per agreed rate and also issued work completion certificate. There is no separate contract agreement except the above purchase order and emails. The yard only promises to pay but payment is not coming. It is delayed 4 months now. What are the option for me to take legal action against the yard. Can I implicate the principal employer also in the litigation.

Arun   21 September 2013 at 11:43

Retirement partnership deed

Dear All

Kindly share Retirement Partnership Deed.

sreekumar   20 September 2013 at 17:17

Mrp under lm act

We are manufacturing MRP products and puting MRP stickers ' MRP Rs.100/-'
The Legal metrology officials visited our factory and saying the stickers is not correct and issued notice. According to them sticker should contain wordings 'inclusive of all taxes'.

Please advice and tell me how serious is this offence

akash   20 September 2013 at 14:12

Pvt ltd co.- lock in period, can i get paid first before others?

Hello Experts,

I started a small Private Ltd Co. and one of the directors, who quit later on, gave a loan of around Rs 3 lacs and I put in around Rs 7 lacs. Now the business is in heavy losses and the 2 remaining directors (including me) are planning to shut it down. The assets are very limited- only about Rs 1.5 lacs. The 3 lac loan from the director who quit has a lock in period of 1 more year left (i.e. he can't ask for his money back for another year) , whereas my loan does not have any lock in. If we sell the assets and the company realizes Rs 1.5 lacs, can it be used to pay back my loan first, since there's no lock in?

If we declare bankruptcy after an year, can the director who quit prosecute us that we used the assets to pay our loan first? Technically, I feel that since I can ask for my money back anytime, I should be able to get it paid rightaway.

Thanks

Rakesh   20 September 2013 at 00:56

Fraud in my private limited company.

Dear sir,
I and one of my partner made a private limited company with paid up capital was of 100000 shares. The authorised capital of the company was of 400000 shares. The company consist of an agriculture property. 50% shares (ie. 50,000 shares) were alloted in my name while other 50% shares (ie. 50,000 shares)were alloted in my partners name as directors. MY Partner alloted the authorised capital shares (400000 shares) to some other private limited company (in which his son is director)without my consent and knowledge. Now, he has also appointed 2 new directors in the company without my knowledge and consent as additional directors. Now, my share holding in the company is reduced to 10% and his share holding has increased to 90% and 2 new additional directors are also added in company without any company meeting or my signatures. I am worried, whether my partner can sell the agriculture property in name of company without my consent and knowledge? what steps should i take to stop him doing so?

S DEB   19 September 2013 at 12:17

Force majeure

In a wind turbine farm a contract was signed between the investor who owns the wind turbines and the operator of the wind turbine farm for operation and maintenance of the wind turbines. Wind turbines are located in an vast area and long lines of power cables run from the turbines to the electrical substation. The operator of the wind turbine farm have deployed security to guard their installation and electrical lines. Miscreants are quite active in the area and frequently resort to cutting and stealing the electrical cables thereby causing shut downs.

The question is whether such shut downs can be called a Force Majeure condition.

manoj   18 September 2013 at 16:46

Merger

1.merger scheme approved.
2.meeting waived.
3.Rd noc pending
4.meantime affidavit filed of RD queries to high court by petitioner pending reply by RD.
5.Now in final stage,some mistake found in valuation which is technical or typographical error.That Goodwiil added with valuation of Transferee Company with book value under average profit method out of three method applied.Goodwill value is correct under this method.But there is some error in other two method(super profit & capitalised method) which is just disclosure.Shareholder have approved average profit method.
My question is , is this mistake cancell the merging process or alter the exchane ratio?
Or this can be fixed by calling EGM or filing correct supplementry affidavit before final verdict ?