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Confused Indian   04 June 2012 at 13:41

Cancellation of cheque

Dear Expert,

I have given a cheque to one landlord as initial advance for house deposit, on the same day I found the facility what he told were not actually present, hence I asked my banker to stop payment.

I have asked the banker to stop payment on the same day when I gave cheque to him, till date I have not taken possession nor signed any agreement.

That landlord is threatening of legal, is it possible.

Rajesh   02 June 2012 at 19:49

Change in name due to marriage

There is change in name of female investor due to marriage. Investor has approached one of the mutual fund company for registeration of change in name alongwith original copy of Affidivat in form of 'Annexure J' (A Joint affidavit alongwith her husband with joint photograph affixed) submitting that

She 'Maiden Name' followed by 'New Name' solemnly declare and affirm as under

1. That we are married under Hindu marriage act/rights/customs and are living together as married couple since 'Date'

2. 'Maiden Name' would henceforth be know as 'New Name' virtue of our marriage.

3. That our joint photograph is affixed below.

Mutual fund company has refused to register new name on following grounds;

a) Affidavit in invalid as it is required only for applying passport

b) Affidavit is required on Rs.100/- stamp paper (present affidavit was made in April 2002 on Rs.10 stamp paper)

Questions:
a) Whether declaration given by woman applicant under Annexure J for applying passport, cannot be taken as valid marriage proof in eyes of law?

b) If there is change in stamp duty rules from 2002 to 2012, whether old affidavit on stamp paper of Rs.10/- will now be treated as invalid.

c) Can an investor sue mutual fund company for service default and ask for compensation.

Thanks for patience reading and thanks in advance in anticipation of feedback.

Member (Account Deleted)   02 June 2012 at 00:08

Partnership act

Does transfer of share by a partner to another partner of the same firm for a consideration results in retirement of the transferor partner?

Gauri   01 June 2012 at 11:30

Appointment of director

Our Company is appointing a Additional Director to provide technical advisory on following terms and conditions:
1. He will not give advisory to any other Company except our company.
2. He will not start business in the same field after leaving our company upto 2 years (non compete agreement).

Can anybody provide me format of such agreement. Its Very urgent.

Thanks in advance


Regards

syed niaz ahmed shah   31 May 2012 at 23:36

Arbitration

i need to have a copy of AIR 1990 page 864
AIR 1992 page 232 in respect of Article 7 and its explanation and if there has been any modifications to limit the reference of dispute past, present and future.

Arul Kumar   31 May 2012 at 16:44

Lawyer as partner

Dear Experts,

Can a practicing laywer be partner of partnership firm (other than legal firm)?

Kindly provide me with informaton with appropriate provisions.

Thanking you,

Arul K

Shruti   31 May 2012 at 15:18

Personal guarantee in a npa account

Hi,
I am a freelance script writer working from home and my husband was a director in a pvt. ltd. company. Approx. 5 years ago my husband joined hands with a man to start off a business, for this business a loan was acquired from a bank and at that time my husband gave personal guarantee. We also mortgaged our flat in this process, I being a joint holder of the flat had to sign the mortgage papers. Now this account has been declared as NPA and I have learned even I am a personal guarantor (is this possible). I understand that the mortgaged property can be attached by the bank to recover the loan amount but what about other personal assets in my and my husband's name? Can they be attached by the bank? Also how can I be liable as personal guarantor if I am not a part of the company? Please help?

P.S. the house that I currently stay in is not morgaged to the bank but we have a home loan from the same bank(lender). And both, me and my husband are joint holders. Housing loan is in my husband's name.

Ravi Mittal   31 May 2012 at 14:24

Denial of service by bank

Hi All,

We had applied for an internet payment gateway with HDFC Bank. However, they declined our request saying they do not support our category of business.

However, they have provided the gateway to a competitor with the same business model.

This looks like a clear case of bias.

What action can I take against HDFC Bank?

Regards,

Ravi Mittal

Dr C Suresh   30 May 2012 at 23:16

Curable defect

A Financial Institution did not file original Statement of Account in DRT and this point was bought to the attention during trial. However the Presiding officer allowed the claim without a marked statement of account.
We got confirmation from registrar of DRT that Applicant never filed statement of account. We have filed appeal in DRAT.

My question Sir is can this defect of not filing Statement of Account as marked exhibit be cured at appellate stage? The institution is asking for the case to be sent back. Is it possible to send back to DRT for curing this defect?

Thank you as always.

PUSHKAR AGARWAL   30 May 2012 at 19:15

License for hookah bar

RESPECTED MEMBERS,
I WANT TO KNOW WHAT ARE THE REQUIREMENTS ONE NEED TO FULFILL TO OPEN HOOKAH BAR IN KOLKATA AS ONE OF MY CLIENT IS INTERESTED IN THE SAME.ALSO TELL ME THE WHAT PERMISSION NEED TO BE TAKEN?KINDLY HELP