Anonymous
30 October 2010 at 21:43
Respected lawyers,
reference my post on 28/10.my query is
simple-I think I couldnot present it it
right way.my salary account is closed by the
bank itself.now my query is--money/any transaction in the closed account is an offence by the bank or not?as an example
my friend has sent some money by cheque to
my account.He has put in drop box,now it
should be returned to him stating the account
is closed.if not done so by the bank what
legal action can be initiated?please advice.
Parthasarathi Loganathan
30 October 2010 at 19:02
Experts should not evade this query. Please explain honestly as to which Enactment or Statute legally defines Advertisement? What are the essential legal ingredients to qualify the concept of Advertisement? What is and What is NOT Advertisement. To be pointed, I need maximum participants especially from active experts like Makkadji, Barmanda, Subramanian Sir, Vishalji, Mr.Ramachandran, Kiranji, Rajooji, Shashiji,Tripatiji,Khaleel Saheb, Tomji, etc
Please go ahead
Anonymous
30 October 2010 at 12:01
Dear Learned Members;
We are Ltd Company and Agreement was executed with another Pvt Ltd for availing service.
Our MD and their MD was signed and stamped the agreement on 12-01-2007.
Thereafter due to some malfunctions both parties could not able to perform the obgligations.
In 2009 the Company Secretary of that Pvt Ltd company issued a letter for demanding amount of l lakh, which was paid to us, as per the agreement we should not return the same to them.
My question is that whether the Company Secretary can issue letter to us for breach for contract?
Bcz he is not at all an authroized signatory to the agreement.
According to me CS is the prinicpal office of the Company, but he cannot issued notice to us for breach of contract and money demand as he was not an authorized person to the agreement.
Request you to advice on this immediately
Anonymous
30 October 2010 at 03:36
I AM AN EXPORTER.
IN MOTH OF DEC 2009 I MADE 2 SHIPMENTS TO FRANCE AND DID NOT RECEIVED PAYMENT FROM PARTY.
ECGC COVERAGE WAS NOT POSSIBLE AS DOCUMENTS WERE UNDER DISCREPANCY.
TOTAL VALUE OF EXPORT BILL WAS AROUND 22 LACS. AND I HAD OD OUTSTANDING IN BANK AROUND 7 LACS
PAYMENT WAS DUE FOR BOTH THE BILLS WAS IN MONTH OF FEBRUARY 2010.
IN MONTH OF APRIL I RECEIVED SOME OF AMOUNT 5 LACS.
AFTER THAT BANK REFUSE TO SUPPORT ME FURTHER AND ASKED ME TO CLEAR THE ACCOUNT IMMEDIATELY.
I TRIED WITH OTHER BANK BUT TAKE OVER DID NOT TOOK PLACE.
FROM MONTH MAY TO OCT 2010 I PAID AROUND 1 LAC RS. TO BANK AND GAVE THEM CONFIDENCE THAT I WILL REPAY GIVE ME SOME TIME.
BANK JUST SEND ME 1 LETTER TO CLEAR THE OUT STANDING AS SOON AS POSSIBLE.
AGAINST WHICH I REPLY AND ASKED TO MAKE A TERM LOAN AND I WILL PAY IN MONTHLY INSTALLMENT. AND I SHUT THE BUSINESS AND TOOK A JOB TO FULFILL MY COMMITMENT TO BANK.
MY BRANCH REFUSE SO I SENT A LETTER TO CIRCLE OFFICE.
MY BANK MANAGER CALLED ME AFTER THAT AND TOLD ME HE WILL SUPPORT BUT HE SENT LETTER SAYING I DID NOT FULFILL MY COMMITMENTS WHICH IS NOT TRUE.AND I REPLIED TO THE SAME.
AND THEY SENT ME SARFAESI NOTICE.I WENT TO MEET BANK BUT MANAGER REFUSE TO MEET ME.
I WENT TO CIRCLE OFFICE AGAIN AND SHOWED MY PLAN TO REPAY DGM AGREED AND ASKED ME TO GIVE THE SAME LETTER TO BRANCH.
WHEN I WENT TO MY BRANCH WITH MY FATHER
HE ASKED ME TO SELL OF PROPERTY WHICH I GAVE TO BANK AS CO-LETTER SECURITY.
WHICH IS ON MY FATHERS NAME AND HE IS GUARANTOR IN BANK.
NOW DGM SAID THAT HE CAN NOT HELP ME AS ACCOUNT IS NPA AND IF BRANCH IS NOT RECOMMENDING.
I HAVE ALREADY PAID AROUND 6 LACS IN 7 MONTHS TIME AND READY TO PAY AROUND 2 LAC IMMEDIATELY AND OTHER 5 LACS IN 1 YEARS TIME AND COMPLETE TOTAL OUT STANDING IN 3 YEARS OR AFTER YEAR IF CAN RE START MY BUSINESS IN 2 YEARS TIME.
THEY ARE DEDUCTING ECGC PREMIUM ALSO FROM MY ACCOUNT REGULARLY.
PLEASE GUIDE ME HOW I HAVE TO GO FURTHER.
Anonymous
29 October 2010 at 13:08
Dear Experts
Is there centre for International arbitration such as "ICAC of Indian Federation of Commerce and Industry" in India ?? Pls. let me know if there is such centre in India.
ahmed
29 October 2010 at 08:47
hello brother
i have a small query
i m from Hyderabad India
i have small shop of video games
where i play SEGA GAMES(MEGA DRIVE),PLAY STATION 2 GAMES, OLD X BOX GAMES
i have a small problem here,
police men ask me for license or permission
how to make my shop leggal
what kind of license should i make
so that no 1 bothers me
Sabir Bavani
28 October 2010 at 16:04
In case of incresing the share qualification amount in the articles, whether the director holding qualification shares at the time of alteration of articles is liable for the increased amount of share qualification or the increased amount applies only to new directors. The reason for this doubt is the judgement cited at the end according to which if at the time of alteration of articles, a director already holds qualification shares, a subsequent increase in amount of share qualification shall not be binding on the director. It seems to be illogical for me as i think that the altered articles apply to the existing directors also. Further, i tried to find the full content of this judgement but failed in that attempt. Kindly, guide me in that respect.
Judgement:- Molineaux v London Birmingham and Manchester Insurance Co. (1902) 2 KB 589 (CA).
Hoping for the earlieast reply.
Thanking u.
Sabir Bavani.
Anonymous
28 October 2010 at 12:45
Respected Lawyers,
my salary account in a private bank has been closed by the bank itself in the pretext of a
false reason.if after that they receive cash
in the closed account-under which law they are chargeable?criminal/civil or civil law?
please advice.
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