Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   24 November 2011 at 18:57

Cahritable trust

Dear Sir,

If we have a public charitable trust and
running an educational institution or hospital and it is profitable.
My questions are:

1) Who has the authority to change the bye laws of the trust? can they be changed from time to time? is it the chairman or trustess?

2) Can the income be used for some personal purposes?

3) If it is foreseen that the reason for which the trust is set up i.e. educational institution is not operating properly due
to unforeseen circumstances, can the properties be sold and are the proceeds
kept by the chairman/trustees?

4) Can you change the public charitable trust to a private charitable trust?

Would greatly appreciate your response.
Thanks and Best Regards.

Chintaka Perera   24 November 2011 at 13:44

Registration of a business

Kindly let me know requirements and how to register a business in Goa by a Sri Lankan national who is already on Business Visa. i wish to know the contact details of Advocates who provide registration services as well.

Anonymous   24 November 2011 at 13:02

Law firm llp

Dear Experts,
I intend to open an Law Firm dealing with the Drafting legal documents of various types and law. Once the company LLP is incorporated I would start, Please advise me as to how and what should be my steps to this achievement.
Thanks & Regards

Anonymous   24 November 2011 at 12:44

Payment on behalf of

Can an public company in india make payments on behalf of another group company which is also a public company?

As such, such payments on behalf of another company will be an inter corporate borrowing?

What will be te company law and tax implications, if the above is allowed?

Altaf Batliwala   23 November 2011 at 23:42

Advocate act

Dear Sir,

Please clarify the following,

I appeared in person in Consumer Court and suddenly an advocate says that she is on a panel of the Bank and pleaded for the next hearing date and court accepted her plea.

1) Can an advocate appear in the court on behalf of Bank without the details of the case.

2) Can an advoacte appear in the court on behalf of Bank without any instruction from the Bank regarding the case.

2) Can an advocate appear in court without the knowledge of the Bank.

3) Can an advocate appear in court without the consent of the Bank.

4) Can an advocate appear in the court without producing the copy of appointment on the panel of Bank.

Regards

Altaf Batliwala

sudarshan jain   23 November 2011 at 22:50

Foreign remittance

We have an agreement with an Indian company say X (Registered under Indian company act, 1956).

Nature of agreement: Design, supply and installation of Cargo Handling System.
It is fully automatic system for movement of cargo under warehouse.

Now as per agreement with X we have to made an payment of their Germany nostro a/c.

As per my knowledge some payment are allowed such as infrastructure project but airport are excluded.

Further I don’t know exactly under which act it is falls.

So pl tell me I’m correct/not. Also tell me under which rule/section /notification /circular of RBI/other Act it is mentioned.

My observation is we can’t made payment in X foreign account and X also agreed with us.

Kindly do needful ASAP.

Deepak Nair   23 November 2011 at 17:57

Housekeeping?

A company appoints a housekeeping contractor for lumpsome yearly consideration. In that case, is it necessary for the company to follow the contract labour laws, Munimum wages acts etc. since the lumpsome fee is paid?
do minimum wages act apply in this case if the company asks for a specific number of persons to be present at the premises at one time?
Please advise.

AAK   23 November 2011 at 17:23

Recovery

Dear Experts

My client is a X company. I have sent notice to Y company demanding claim of Rs.2 lacs. The acknowlegement returned unserved. Now very recenlty from news paper it came to know that one Bank has seized [throgh DRT] the property of Y company and there is auction sale of the properties of the Y company on 05-12-2011. Now what is the remedy available to X company for recovery of amount? whether company petition for winding-up is to be filed? is it going to serve purpose?

Thanks in advance.

Anonymous   22 November 2011 at 18:59

Relevant date for conversion of fcds

Can the Relevant Date (to determine the conversion price)of a FCD be a date earlier than the date of subscription to the FCDs? Or it has to be a future date only (i.e., 6 months from the date of sbuscription). For example, if an investor subscribes into FCDs of a listed company on 22nd Nov. 2011, the conversion into Eq. Shares takes place on 20th May 2012. But Company says that the relevant date is 19 Oct 2011 since they held the EGM on 18 Nov 2011 and accordingly they determine the conversion price.

Please advise

Anonymous   22 November 2011 at 16:52

Interview for promotion of scientific cadre officers

Dear Sir,

I am working in a statutory body which is working under the administrative control of Central Govt Ministry of Govt of India.

The office intends to hold DPC meeting for interview for promotion of scientific cadre officers to various scientific posts like Sc` E` to Sc`F`and Sc`F` to Sc`G`on the basis of their ACRs for the period 2005 to 2009 under old FCS(Flexible complementing scheme) of DOPT/VI pay commission. The office held interviews in Dec 2010 (cut off date taken as June 2010) for above posts, but could not complete the interview process for all scientific officers falling due, for certain reasons. Now after 11 months, the process of interview is being completed for remaining officers adding some new names in 2011 after up gradation of old ACRs for some officers and conversion of leave for completion of residency period for some officers (for period 2005 to 2009). Thus the interviews for above posts are being held in Nov 2011 with old FCS, with cut off date as June 2010 and considering ACRs up to 31 March 2009. Some officers are not being called for interview saying their ACRs are below bench mark (as per DOPT OM No 21011/1/2010 dt 13 April 2010 ) when considered up to 31 March 2009.

Is this action of office legally correct -
i) when ACR/APAR of 2010 and 2011 are already available with office
ii) new FCS has come in to force from 01 Jan 2011 as per DOPT circulars
iii) The DPC is supposed to start this process every 6 months time to give fair chance to all employees becoming due for promotion as per FCS, but DPC has failed to complete the process in 6 months time schedule
iv) Same process when initiated in Dec 2009, the cut off date taken was 31 Dec 2009, but when they started in Dec 2010, the cut off date taken was 30 June 2010 instead of 31 Dec 2010. This has deprived a section of officers because ACRs of 2010 has been kept out of consideration.
iv) This type of promotion process being followed impedes the carrier progression of some officers who may get a chance, if APARs of 2010 and 2011 are added to their ACRs of 2005 to 2009. (see DOPT No 22011/1/2011-Estt D dt 11.03.2011)

Incidentally, DOPT is also on the panel of DPC.

Please advice.