Asha
21 November 2012 at 12:23
Hi, we have made application for striking of name of company under section 560 of the companies act 1956. what is the next step ?. will i be getting any confirmation regarding the same in hard copy like closure certificate ?. It is been one year since the application is made and the company status is still active.
Asha
20 November 2012 at 11:51
Hi, Suppose Mr. A is a Director in a Company. Due to his inability to attend the Board Meeting, Mr. B is appointed as Alternate Director to Mr. A. Now Mr. B attends a Board Meeting as alternate director to Mr. A. Is Mr. B entitled to a cheque for sitting fees or Mr. A (who is the original director) entitled to the sitting fees?? Please answer my query. Regards Arijit
abhishek
19 November 2012 at 18:36
i want to formation of partnership firm but it is mandatory to apply for availability of firm name to the registrar of firms in Maharashtra.
Harshali
18 November 2012 at 19:08
hi,
we owe a manufacturing of leather goods bussiness, a year ago we made few bags out of which few were rejected by customer and few taken away by her. we committed her that we will replace the rejections but since the losses were heavy we could not give it in a certain frame of time we have made the goods but now an external inspector from india was appointed who had not much knowledge of the industry and who failed our inspection, but truly telling the grounds of failing inspection are really not worth rejecting our goods now the customer has threatened us that she will take legal action we said instead she can come down and inspect the goods thereof as we are confident that the material used is genuine enough we have undergone lots of losses in the entire deal. cant afford any more rejections as we did not keep huge margins and the production cost has also increased please help!!
pranab majumdar
17 November 2012 at 19:59
Respected sirs,
computer generated letter generally used by
banks does not carry signatures.legal validity of this letter is equivalent to normal signed letters or not?pl.advice.
Regards
pranab
Srinivasan
17 November 2012 at 13:05
Dear Experts,
We all know the Essentials Elements of a Valid Contract:
1. Proposal and acceptance
2. Consideration -- lawful consideration with a lawful object
3. Capacity of parties to contract -- competent parties
4. Free consent
5. An agreement must not be expressly declared to be void.
6. Writing and Registration if so required by law
7. Legal relationship
8. Certainty
9. Possibility of performance
10. Enforceable by law.
Having known and said that every Contract must be Enforceable by Law, Herewith Iam putting forward you all a question on a Particular Condition which keeps the Arbitrators, Jusrisdiction, Adjudication vide High/ Supreme Court away from the picture by introducing a new Condition/ system called "EXCEPTED MATTERS" and how can this become a Valid Contract in the first place?
As we all know the explanation of the same which is copied below:
Enforceable by Law:
A contract in order to be valid must be enforceable by law which element distinguishes agreement and contract. If it is enforceable by law it is contract otherwise it is an agreement. The aggrieved party should be able to obtain relief through law in the event of breach of contract. An agreement can also be inferred from correspondence exchanged between the parties.
If the so-called "Excepted Matters" are introduced in a Contract and agreed by both Contracting parties which clearly keeps away the above legal proceedings, then what is the remedy available to the aggreived party (Contractor) when there is an unsettled Dispute.
In other words, I shall try to put the point wise scenario for better understanding:
1. A dispute is established by the Contracted parties (due to the breach of Contract) which is an Excepted Matter under the Contract.
2. An in-house remedy is available in the Contract in order to treat them as "Excepted Matters"
3. In-house remedy did not provide a fair and reasonable solution to settle the Dispute.
4. Due to the same being an "Excepted Matter", the said matters cannot be Arbitrated/ Adjuducated.
The same scenarios happened and are still happening in many cases across our country and there are several Judgments awarded in favour of the Employer who has drafted such discriminatory Conditions...One of a similar case became a Landmark Judgment which is Union of India Vs. Sarvesh Chopra (IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 1791 OF 2002(Arising out of SLP© No.20727/2000)
Now what is the solution? Do you think the above Judgment is correct?
I further and fully understand that, if this is what the Conditions agreed for, Court cannot interfere or are not available to re-negotiate with the Parties. But my fundamental question is
1. Whether such agreements are Valid?
2. Can the Employers draft such conditions to keep the Legal system away from the Business?
3. Based on Good-faith, several Contracts are being executed in India, Is Good-faith not entertained in this Country?
4. If such Contracts are Void, then what happens to such Void Contracts (on this Ground)?
Now, when we talk about discriminatory Conditions drafted with supreme bargaining power, what happens if there is no Justice given to the Contracted Party.
Can anyone provide me with a resaonable solution or ways to take the Dispute to Court, since there is no prima-facie available apart from this to quash this Contract under the Law.
Kind regards,
Srinivas
Balaji
16 November 2012 at 13:41
Hi, here is my problem needing legal advice.
1. I booked a used car from a dealer in Coimbatore ,Tamilnadu.
2. I paid token of Rs.55,000 ( Rs.25,000 + Rs.30,000) and took the car with the xerox papers etc, when asked fro service records and originals he said he will give in post transfer and settlement.
3. I was shocked to find that Car Meter was misleading when inspected in Tafe coimbatore, I was told & shown 45000 as car mileage whereas it was 75000 on real. when enq i was been told it was mistake of service people.
4. After discussion I Applied Car Loan for the remaining With dealer Refered DSA of Kotak Bank, After a week of Process i was been informed the Loan was rejected on Employment grounds.
4. I revereted immd to Dealer by returning his car & informing him that i will try with another Finance & settle it asap to which he agreed. My Loan was too Aproved & in Process.
5. Suddenly dealers reports some problem from seller demanding car or Money and closes his shop next 3 days and dissappears with my money & Vehicle.
4. My problem is now that I have paid all the money and have the receipt for 25,000. But I dont have the original RC book or car or anything left.
5. When enquired The Dealer reports The Car has been Taken by the Owner & he has given it.
6. I am stuck.if I go to the police and this broker with his good links could easily getaway..
7. After seeing all these incidents from the beginning on Non Introduction of Owner, Car Price, Mileage tune, Finance & settlement Terms, disappearence of Vehicle & Money im very suspicious on the Fraudalent Dealings of the Used Car Dealer..
please help me how to go about from here without loosing my Money..
pawan
15 November 2012 at 14:11
What is liability of companies who has liaison office in India and Registered office abroad (dubai).
Poorna
12 November 2012 at 16:32
Sir,
I work in a small size pvt co. registered under companys act.
The employer pays bonus to the employee every year though they do not compliance with the Bonus act Strictly.
Bonus is usually paid on Diwali.
Due to some reason i had argument with my employer on minor issue where he spoked to me very arrogantly even after serving the company for 7 yrs.
So i decided to leave the company giving one months notice. ie on 30.9.12.
I had written to the company for my yearly Bonus( FY 2011-2012) . But no reply.
My question is can i claim bonus if paid to the present employees.
Pl reply
P dandekar
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Shell company
at the time of taking over a company , the company which wants to take it over says that they will treat as shell company
now, what is shell company?
is there any provision in indian companies act ?
to discuss with them what r the items to be kept in mind ?
frankly speaking i am not any guidance even from net . su i request ur help
regards