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vijay   23 April 2012 at 21:30

Company law

MR X IS DIRECTOR IN ABC CO AND THREE OTHER DIRECTOR IN ABC CO.,WHICH IS PVT. LTD. CO.
THREE DIRECTOR HAVE DIGITAL SIGN TO SUBMIT DOCUMENT IN ROC. BUT MR X DOES HAVE. THREE DIRECTOR WANT TO DISMIS TO MR. X.
MY Q.= IS THREE DIRECTOR CAN DISMIS TO MR. X FROM BOARD OF DIRECTORS WITHOUT RESIGN GIVEN BY MR.X?

Neeraj   23 April 2012 at 17:27

Insurance cliam

Dear Sir,

I have received a letter for demand a claim of Rs. 658600/- towards the booked the consignment and deliver it to Nanglore from Delhi from Tata Aig Genral Insurance Company on A/c IFB Furniture Company for damage of Goods.

I have delivered this Consignment in transit in good Condition to A Packer Company which hire a Lorry.

Is am liable to pay Claim amount if yes Why?
Please provide any court case in this reference.

Thanks

syed niaz ahmed shah   23 April 2012 at 08:55

Arbitration

two parties are in arbitration regarding the supplies and price preference for the period of 1990 to 1999, and while the parties in the high court for price preference 1982 to 1990, and while the arbitration was on, the high court in 2007 gave the judgement that the period 1982 to 1990 can be also arbitrated as that remedy is available .
the aggrieved party approached the already existing arbitrator that he can take up the earlier and also the future disputes citing art 7 of the arbitration act and also art 4 with respect to limitation act , as the aggrieved party raised the issue keeping the court order and also the dispute being of the same nature and pertains to price preference given as incentive by the state in order the entrepreneurship invest in the state. moreover the other party is a mother unit, which is claiming that by allowing the incentive , the mother unit may incur losses. this plea the aggrieved party states that once an incentive is provided the mother unit has to give it just like cpf , factory act, income tax, sales tax etc as these are expenses any company has to bear especially when the mother unit is Government owned corporate.

Can I have citations to support that the arbitrator has to take up the past, present, future and arbitrate the dispute accordingly and the arbitrator cannot be bais on the basis of non calculable loss

syed niaz ahmed shah   23 April 2012 at 08:25

Legal opinion required

if a director of a company uses rent allowance to pay installment of his own house mortagage loan, when rent allowance is given as a perk if you have rented place and not your own place, does the property he has paid emi down payment from his own resources become property or asset of the company.

Binayak Acharya   22 April 2012 at 23:46

Judgement pending of a case in the high court cuttack

Sir,

Being a petitiner of a WP(C) case against dealership advertisement of 2007 I had a stay with respondent and a contemt against the Indian Oil but the matter is pending since first week of February 2012.

Can my advocate or my self mention for the same because it is delayed for three months.

Or it will automically heared when any due date/time comes.

In case it will be in my favour shall i prefer for a caviate petition because it is being prooved once by RTI that the company is having malafide intrest in bringing out non due list of empanelled candidate for dealership. Now I become second from third and there is only one first. I hope I will again first.

Please advice

Binayak Acharya

ragav   22 April 2012 at 14:54

Inward remittance for it services rendered in india

I am a freelancer residing in India doing IT related projects. Recently, I got an offer which asks me to do medical-records based work online. The provider(employer )is an American in US. He gives me online work and I complete it and send it through mail. The project will be for around 3-5 years or even more. The American will be paying me through wire transfer to my account in india. The payment will be around 1200 USD per month, will come every month as I continually do the project - say 1200 x 12 =15000 USD for one year.

1. Whether I need to open a current account or Savings bank account for this in any Bank in India? I have heard some banks open savings bank for salary purpose.

2. For my service charges, since my volume of work is only worth 1200 USD per month, and not a very big transaction, can I receive the pay in savings bank account by wire transfer mode. (Or) Is there a fine or penalty if I operate through Savings bank account which will be imposed by RBI or any other body for this transaction.

3. Suppose if I open a current account for inward remittance of my service charges, whether I need to produce any bills or any letter from the employer. My employer is very lazy in giving me any documents. He will just pay for the sake he has to pay and he is not interested in paper works etc. The only bill I have will be my work volume/per month that I submit to them via mail - that will look like an invoice. I will not get any approval for that, but will directly get paid from the employer.

4. While getting FIRC: While initiating wire transfer, the employer leaves the purpose of remittance in the swift note blank or some numbers. But since I have to mention the purpose for future reference, I am intending to obtain the FIRC stating the purpose as "service charges for IT related work". Is it okay to obtain this way.

5. Finally, is this okay to do this business without getting any IE code or fulfilling any other export-import formalities. (or) Do we have to do it like they do in export business? (I want to know if this falls under the export category, since I do not have any physical goods sent, I dont need a IE Code?)

Dr C Suresh   22 April 2012 at 09:37

Drt

In DRT a bank didnot file the statement of account as marked exhibit but gave a xerox copy to defendant. Defendant took the stand that Statement of Account is fabricated and not cerified as per BBE Act. DRT judge gave judgment that Statement of Account is valid and certified. Under RTI Act when Registrar was asked to give certified copy of Marked exhibit Statement of Account he replied that Statemnt of Account was never filed by bank. The said judgment is under appeal in DRAT.
My question sir is what action can I take against DRT judge for giving false findings when the exhibit didnot exist?

Arpita   20 April 2012 at 14:04

Share swap

There are three companies( A,B and C) incorporated under the Companies Act. Company A is holding 99% shares of Company B. Company C wants to swap the shares of Company A. Company C, a listed company wants to swap shares with Company A in the ratio 4:1

What are the compliances that need to be followed?

yash007   19 April 2012 at 21:16

Use of word bombay

Hello sir

Is the bombay word is allowed in law language?

pooja dedhia   19 April 2012 at 20:10

Prepayment of the emi of o/s loan

what is the meaning of the financial institution.?

when there will be prepayment of emi to the bank for the outstanding balance and penal of 2% is levied if same prepayment supported by other banks or any financial instituation.


query:-
but if finance is provided through the broker ,
is penal provision is applicable?