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phani   30 May 2013 at 13:06

Company law

Dear professionals , what are the consequences of non filing returns at MCA21 portal, what penalties imposed under law?

manoj   29 May 2013 at 19:58

Can a male use pepper spray for his safety

can a male use pepper spray for his safety

manoj   29 May 2013 at 00:54

Pepper spray

Can I carry pepper spray on train

akash   28 May 2013 at 16:41

Directors of pvt ltd co. sold shares without disclosing company loan


A private limited company, with 2 directors ,had a loan of Rs 10 lakhs. Both directors sold their shares and exited the business, without informing the new directors (who are also the shareholders) of the existence of the loan.

The incoming directors did not do enough due diligence. Only a share transfer form was signed and the cheques were given out. No other agreements were signed.

Can the new directors take any action against the former directors for not disclosing the loan?

lalitha parameshwari   27 May 2013 at 11:44

Starting of a spoken english institute individually

i want to start a spoken english institute with a particular name and also have plans of providing franchisee business of the same in the future,. Kindly advice me what has to be done at present whether it needs any registration of the name of the insitute and how much money i will need to spend for the same.

jayaprakash   25 May 2013 at 17:53

Sarfaesi-drt

In DRT OA is disposed of in terms of compramise joint petition filed by the bank and the principal borrower ie D1 And D2,Recovery certificate as per the compramise decree is also issued at the request of the bank against D1 And D2 as principal borrower has defaulted the terms of the compramise.Iam the D9 (one of the guarantor)AND no recovery certificate is issued against me or against my mortigaged property.Inspite of this being the senario the bank has come and served me pocession notice under 13(4)saying that inspite of DRT judgement and recovery certificate(issued about 15 days back)they have rights to go ahed by SARFAESI route.My question is (1)can bank go ahed like this ignoring DRT judgement.(2)if no what are the options available to me to fight this senario.Can i file criminal procedings against the bank(3)if i go to DRT basing on 13(4)notice should i have to pay the court fees and will drt ask for any pre deposite(for the debtwhich is not determined against me atall it is determined against D1 AND D2)

P.C. Joshi   23 May 2013 at 21:25

Legal implication of using famous hindi movie dilogue

Dear Friends,

If a company use a famous movie dilogue in the label of its production for compign/advertisment is the company liable for any liability under any indian IPR laws or any other civil/criminal liability arises on the Company.

Thanks & Regards

P.C. Joshi

Suresh J   23 May 2013 at 19:07

Filing of bankruptcy for a pvt ltd company in bangalore, karnataka.

Hi All,

I want to know if Bankruptcy be filed for a pvt ltd company in the situation mentioned under:
The Software company Closed its operation in the month of November 2012. The employees and investors are after the Managing Director for the salary and the money back.
Already an FIR is filed by police under section 420 and 406 as per the complaint given by the investors.
Kindly advise.

Amit   23 May 2013 at 14:03

Company law - regarding moa

I have recently read that one of a cricketer owned a company and the Memorandum of association of the company states that the company will do and run business of betting houses.

My query if betting is banned in India then how could the registrar of companies allowed the MoA and registered the company.

Is this a fault of Registrar of the companies?

Can betting house mentioned in the MoA and is it legal?

Thank you for your help,

Regards,
Amit

Sagnik   23 May 2013 at 12:07

Continuing guarantee_what defence to take


Dear all,
Our company had in the year 1994 availed a loan facility from Allahabad Bank. Certain the then Directors of our company & some of their relatives had become personal guarantors of the said loan. Thereafter, the said loan kept on renewing with new loan amounts etc. However, from the year 2001 the names of the said directors stopped featuring as guarantors of the renewed loan agreements. Around the year 2010 our account was declared as NPA by the said Allahabad Bank & thereafter assigned to an ARC, who thereafter approached the DRT to bring upon a prosecution on the company along with the said directors.
All the said directors are as of now not connected to our company in any manner & are of a progressive age. However, none of them have received a letter of release from the Bank & neither has even approached the Bank to release them from the said guarantee agreement.
In this context, can you kindly guide me as to how to dispute the ARC's effort to rope in the said guarantors who are not connected to the company anymore but who had in the year 1994 given their continuing guarantee ? The said guarantee agreement contains several provisions which are purely illegal in its nature. However, the guarantee is still a continuing guarantee.
Kindly guide me as how an issue of such a continuing guarantee is generally handled by the defendants.
Regards,
Sagnik Sanyal