Sanjib Roy
08 January 2012 at 21:55
What is the law for product booking???
An example
An unique scheme to buy product by monthly recurring payment and enjoy bonus at the time of purchase / redemption.
Monthly Payment: 300
Total Payment: 3600
Product Value: 3900
What Law for this case?
ajay sethi
07 January 2012 at 22:51
1)elections were held for managing committee of association .
2)secretary was elected . on account of compalints of rigging in elections elected secretary was suspended .
3) show cause notice issued and after inquiry complaint of rigging was confirmed .
4)report of inquiry officr was forwarded to suspended secretary and reply sought . since no reply received and since evidence of rigging found managing committee declared defeated candidate elected as he had in fact polled more votes .
5) suit filed by ex secretary in court . however since he had not sought any declaratory reliefs application for injunction refused restraining the association from apponitng defeated candidate as secretary .
6) since no injunction was granted ex secretary made an application for amendment of plaint . application allowed .
7) the ex secreatry has taken out another application after emendemnt of plaint seeking an injunction restraining assocaition from appaonting defeated canduidate as secretary .
the query is
whether an indential application can be taken out by ex secretary for same reliefs when earlier application was rejected in same suit ?
whether principle of resjudicata would be applicable ?
Anonymous
07 January 2012 at 13:18
my friend want to apply merchant import export license for ready made garments and some vegetable such as onion potato etc. so i would like to know from where i seek application for this license and what this fees and other formalities please give me favorable recommendation..............thank you
MARIMUTHU P
06 January 2012 at 20:44
Dear Brothers,
Please clarify:
A bank is claiming from a client that an amount of loan was credited in to his account and there is some debits also from that account towards the instalments, as claimed by the Bank. But the client is confirming that he has not executed any document like pronote, agreement and any cheque or ECS authority given to the Bank.
In this issue how can the client's right be protected?
MARIMUTHU.P
New Delhi
Anonymous
06 January 2012 at 01:34
loan of Rs.200000 taken from bank for 5 year and paying EMI Rs.7227 monthly i have been paid the some of Rs.187000 and how much amt of balance we have to paid........how the interest and principle amt is calculate when there is a cut interest i.e. WDV int. pls show the calculation.
Anonymous
05 January 2012 at 18:46
Car loan was availed in April2008, from Mahindra financial services(MFS).The borrower did not even get the sanction letter containing the loan details.As borrower`s signature were obtained on various blank documents by MFS,the borrower demanded for the copies of those documents. after lots of follow ups to MFS for the copies of Loan documents & copy of Loan agreement, finally when after two years from the date of sanction of the loan the borrower got the copy of the loan agreement in may 2010, the borrower observed many doubtful things such as; the power of attorney was not notarised,rate of interest was not mentioned anywhere,many blank spaces still left in the agreement, different tenure (60months instead of 48 months as promised at the time of processing), no breakup of the initial down payment made to MFS, the unknown guarantor was added; even though no guarantor was provided ever by the borrower at the time of processing the loan. After getting the copies of the loan agreement , the borrower came to know about such misdeeds by MFS & As MFS did not furnish the details & the copies of the loan relevent document earlier, the borrower after giving the 3 notices to MFS, stopped the EMI on the said loan since June 2010. MFS called the borrower for arbitration proceedings where after observing such misdeeds by MFS; MFS was told to settle the matter amicably by arbitrator. Since then nothing has happened. Is it mandatory for the Non banking finance companies like MFS to furnish the details of loan and the copies of the loan documents to the borrower?What is the time limit for that?what action can be taken against MFS in this matter? Where to complain against MFS in his mater?
Rajat sahotra
05 January 2012 at 16:55
Following is the preposition of a business deal where the other party try to take balance money by cheating and fabricated documents.
Please guide what legally can be written in the notice for cheating and fraud and what other legal actions can be taken against the party?
Preposition is-
05 Dec. 2011 Phone no. taken from net and discussed own requirement of UV films for green houses.
05 Dec. 2011 Made an offer to purchase UV film via e-mail at 15.07 hrs.
06 Dec. 2011 Offer received from M/s so & so.
07 Dec. 2011 Bank details received from M/s so & so
Thereafter, idea to purchase film from M/s so & so dropped as they were unable to meet our delivery date requirements.
15 Dec. 2011 Rcd call from M/s so & so confirming that material can be supplied by 20 Dec. 2011 positively. Received e mail at 16.44 hrs confirming that dispatches can be made before 20 Dec. 2011.
16 Dec. 2011 Rates re-negotiated on phone for supply at flat rate of Rs. 160/- including CST @2% against form C, Ex-Jammu. They confirmed dispatch on or before 20 Dec. 2011.
Accordingly, a sum of Rs. Three Lakh transferred as advance. Also confirmed transaction via e mail at 17.13.43 hrs
Another confirmatory mail confirming payment, exact sizes and other relevant details with specific reference to dispatch date (latest by 20 Dec. 2011).
20 Dec. 2011 Asked for confirmation on readiness of material via e mail sent at 15.07.25
22 Dec. 2011 Thereafter, they started saying that material was under dispatch, and on persistent requests, and subsequent threat of order cancellation, confirmed on 22nd Dec. via e mail at 13.56.29 that whole lot of our ordered material had been dispatched vide Invoice No. 70 (Book No. 2) dt. 21-12-11 through Jaipur Golden (phone No. 09697501551) under Bilti No. 510-007165 dt (not given) Truck No. HP 64 3468 saying that balance amount ( Rs. 696487) be deposited at the earliest. Copy of bill was attached.
However, on online tracking of Bilti no given by M/s so & so, word “Not Found” was found leading to doubts on dispatch claims made by M/s so & so. Further doubts were created by the fact that balance payment of Rs. 696487 was yet to be made to them, and they wouldn’t have sent the material w/o payment being received by them.
Also, the transporter’s phone number given did not respond to our querry on dispatch status, and was evasive. Our request to fax copy of GR was not taken.
23 Dec. 2011 Tracked movement of material again on net – still no trace.
Contacted Mr. Som on phone who confirmed that material had not gone and was likely to be dispatched by afternoon only.
Since earlier confirmation of dispatch of material was a blatant lie, Cancelled order on phone and also sent confirmatory sms at 0925 hrs.
At 11.47.56 sent confirmatory mail canceling order citing to them late delivery and mis information as reasons for canceling order.
Received e mail at 13.18.32 saying they were sorry, and that some material had been dispatched a day before and more was likely to be sent that day. Raw material shortage was the cited reason.
Sent mail to them at 13.33.37 hrs reconfirming order cancellation, and also that part load was never discussed at all (Full truck load had been ordered to save freight and time).
29 Dec. 2011 Received courier (Way bill No. 145267047 dt. 26-12-2011) containing Covering letter dated 24-12-2011, Invoice No. 70 (book no.2) dt. 22-12-11 for Rs. 307162/- (part load of ordered material), GR No. 510 007175 dt. 23-12-2011
CONTRADICTIONS:
1. Copy of Invoice received on 22nd (Invoice dt. 21-12-11) & copy of invoice (Invoice dt. 22-12-11 received thru courier on 29th - same serial and book nos.- different dates and amounts – invoice is subject to central excise – bill has to be prepared after making a number of entries, and if cancelled the same number cannot be used. Also bill received on 29th has book no and serial no written by hand.
2. If material had not been sent on 22nd, how could they arrive at balance payable sum of Rs. 696487/- - intent of cheating and fraud
3. E mail received from them on 23-12-11 at 13.18.32 said that part material had been sent the previous day i.e. 22nd. However, the transporter’s GR is dated 23-12-11. The excisable bill has been prepared at 1000 hrs and goods have been shown as removed at 1110 hrs. Hence GR should have been of 22nd and not 23rd. Therefore, it is evident that the Invoice was prepared fraudulently on 23rd and not 22nd to convince us that the material has already been dispatched before we cancelled the order on 23rd.
4. The documents received on 29th have invoice dated 22nd, GR dated 23rd, covering letter dated 24th and courier way bill dated 26th.
On tracking the GR no. received through courier, the status was “ Dispatched on Dec. 26……..
5. The email received from them on 23rd Dec. at 13.18.32 said that “The dispatch could not be made on time due to shortage of raw material.” The covering letter vide which documents were received on 29th said “ As we had informed you earlier that our plant has witnessed a technical snag so the material with 9m size can be prepared only after 30th Dec.”
6. On 23rd when Mr. Som was contacted on phone, he did not say anything about part material having been dispatched on 22nd.
Please help experts
Anonymous
05 January 2012 at 14:58
A partnership firm is proposed to be converted into a Pvt Ltd Company.
As there will be tranfer of land also belonging to the Firm, what will be the position of stamp duty on the same.
The firm is in the state of Rajasthan.
Anonymous
05 January 2012 at 00:28
does the supreme court of India has the jurisdiction over the disputes arising in case of an contract where it provides that it would be subjected to Indian Laws. But was signed outside India and had a choice of jurisdiction clause stating that all the disputes shall be subjected to the english courts.
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Issueing of bonds with who's permission
I am running a Proprietorship firm. Planning to raise capital by issuing Bonds to the known people and companies.
For this kind of Bond, am I required to get permission from any authority like RBI or SEBI.
My issue is anyway I am going to rasie the capital in this route only (Bond private placement). what I am planing is to give Bank Guarantee to the people who is lendng to me. Say 50% of principle amount.
I had meeting with the Regional Manager of the Bank for the Bank Guarantee part. He raised two issues
1. about the Bond (is any requirement to obtain perior permission from RBI). according to my Knowledge there is no such requirement. that is why I am asking for some clarification with some solid evidence. As of now I can change the Terms and Conditions.
2. Bank Guarantee Text. This one resolved
Please reslove my quary.
Regards