Ameya Bodas
20 March 2012 at 09:44
Hello,
A term "Negligence" was defied under Agreement with ONGC/Reliance for oil exploration in Indian Waters.
In case of dispute between the parties term "Negligence" defined under contract will prevail or the term "negligence" defined/used under vairous laws will prevail.
Its very urgent matter.
sujay wayse
18 March 2012 at 12:17
dear sir,
i'm a small bussiness owner employing around 20 people. we are suppliers of special purpose engineering machines and jobs to companies like tata motors and their prime suppliers. we are getting notices and sms on mobiles with police prosecution threats for the non filing of mvat returns and payments.
after going thru the records we have found that in all the cases we have made the payments and we are not the defaulters.inspaite of that we getting this notices as if we are criminals.i want to file a suit against sales tax department for these notices. please guide me if this is possible.
with best regards
diganta
17 March 2012 at 20:13
I want to establish a law farm by virtue of a partnership Deed. My query is it mandatory for a law farm that all partners should be an advocate?
If one of them is an advocate then can it be treated as law farm?
Kindly forward me a draft copy of a partnership Deed to establish a law farm.
RAJESH CHOUDHARY
17 March 2012 at 18:48
Dear All,
Please give your opinion for below given Quary--
1) ABC Limited is a listed Company.
XYZ Private Limited is a Promoter of "ABC Limited"
XYZ Private Limited wants to transfer its shares by way of gift or sale to Mr. P & Mrs. P who are the Director of XYZ Private Limited & also the promoter of ABC Limited. (Please note Mr. P is holding shares in ABC limited under the Promoter Category. However Mrs. P is not having any shares in ABC Limited but since Mrs. P is a wife of Mr. P she will fall under Promoter Group)
In case of ABC Limited:
This transaction will fall under inter se promoter transfer since both XYZ Pvt. Ltd & Mr. P both are the Promoters of the Company. Hence SAST Rugulation will come into the picture.
In Case of XYZ private Limited-
Can XYZ pvt. ltd can transfer its investment (i.e. shares held by it in ABC Limited) by way of sale/gift to its Directors Mr. P & Mrs. P.
What could be the procedural Formalities for such kind of transactions from the point of view of both the Companies.
Pleae suggest.
Thanks & Regards
RAJESH CHOUDHARY
17 March 2012 at 18:44
Dear All,
Please help me to solve the following query:
Company A Pvt Limited, which is the promoter & Share holder of Company of H Pvt Limited. While incorporating H Pvt Limited as 100% subsidiary .A Pvt Limited had made Mr.X as the nominee share holder, who holds 1 equity share on behalf of the A Pvt Limited as minimum Two subscribers are required for incorporating Private Limited Company.
Now A Pvt Limited wants to sell all i.e. 100% shares in H Pvt Limited Company to V Pvt Limited Company and to AD Private Limited Company in ration of 1:1, my query is whether Section 187C will be attracted when Mr.X will transfer 1 Equity Share to V Private Limited Company, as MrX. is just an nominee share holder and A Pvt Limited Company has beneficial powers.
As per section 187(c) Whenever there is a change in the beneficial interest in such shares the beneficial owner shall, within thirty days from the date of such change, make a declaration to the company in such form and containing such particulars as may be prescribed.
In the above mentioned case nominee holder ( Mr.X) is selling 1 equity share to V Pvt Limited, beneficial share holder of this 1 equity is with A Pvt Limited Company . So now is Nominee Share holder (Mr.X) , Beneficial share holder (A Pvt Limited) is liable to give declaration under Section 187c and further is H Pvt Limited liable to File Form 22B with ROC.
Please note that share will be sold to V Pvt Limited and V Pvt Limited is not going to nominate any nominee share holder, it will purchase share in its own name.
Please reply.
shaik. Muneer Basha
17 March 2012 at 14:01
a manufacturing firm of hyderabad in the process of obtaining a Mortgage loan from a peoples co-coperative bank in maharashtra, for the purpose of mortage the Firm keeping its assettes situated in hyderabad and maharashtra as loan amount is 2crs,
All the requisites are fulfilled, now the co operative bank insisting to have its name on the Encubrance Certificate related to the property in hyderabad
how we can get bank's name on the Encumbrance Certificate as the bank is not the ownwr of the property/?
Adv. Sagar R. Jadhav
17 March 2012 at 12:05
Dear All,
Please guide me in the below mentioned questions:-
1. What is the procedure for the establishment of Proprietorship legal firm in Mumbai?
2. Whether name of the firm should approve from any judicial authority or anyone or not? (Because similarity in the two firms if any)
3. Wether any registration is required for the proprietorship firm.
Asha
17 March 2012 at 11:10
Please find below query and if possible please give the solution.
A private limited company, having two directors Mr.A and Mr.B and those two directors are the subscribers of the memorandum of association. The company does not have any shareholders. As on date the directors designations are Mr.A Managing director and Mr.B director. The company has increased its capital but it has not allotted any shares and there are no shareholders in the company. As they both got some disputes and now Mr.A, Managing Director wants to remove Mr.B Director of the company.
Can any one give the solution.
Regards,
koteswara rao jonnalagadda
16 March 2012 at 23:40
to.
the expert lawyers,
namaskaramulu.
i am from hyderabad sir.i have two daughters and i took two different foreign edu loans in the year 2003 and 2005 respectively by giving two differrent properties.in 2003 loan there is interest difference i observed and requested banker to look in to the issue,but they said that is right,but once again i verified it looks that caliculation mistake is there.
i have given a letter to chek the interest
along with a cheque for rs 85000/-under protest since they said that it is going to be n.p.a.to aviod it i have paid in the month of june-2011.after encashing the cheque also banker was not responded.
subsequently i have written to the higher
management with a copy to the banking ambootsmen-rbi-hyd.
my appeal is two points.
1.wrong caliculation of interest.
2.my original sanction is interest on quarterly compounding with monthly rest,
where as they have compouded on monthly.
there is no intimation about this to us and when we asked they said they dont have the system of informing.
now they accepted the interest caliculation
mistake and reduced rs 37000/-and given the revised statement asking us to conform it.but where as refusing the second point state ing that that was the rbi guide line.
mean while the second loan was closed in nov 2011.we observed there is also imterest caliculation mistake is there.
they are not releasing second loan security documents and making a link of first loan.
while correspondence in the process bank issued a surface act notice for which we replied through drt advin nov2011.
kindly advise me what to do at this juncture.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Letter of credit
Is letter of credit is the safest way to export, in this supplier get guarantee that he will get payment from buyer, what precaution should be taken. Kindly advise.