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Rajes Agar   09 September 2010 at 16:57

Dishonour of cheque

We (Two partners) have started a partnership business of stock sub-broking.
1) all cash capital invested by 2nd partner, 1st partner come with office and furniture.

2) broking was not run because of scarsity of clients, so 2nd partner given additional Capital to 1st partner (in his personal name) to trade in his own name and make some profit, but 1st partner incurred a huge loss, about 2,50,000.
thats why 2nd partner wants to exit.

Then after much discussion the both decided to settled the compensation in 1,00,000, that would be given by 1st partner to 2nd partner.(The whole capital of 2nd partner was 3,20,000., in which 70,000 was misc. expenses) & 1st partnet capital was Office & Furniture.

After writing in a piece of paper of the above discussion the 2nd partner refused to agree on that Compensation, then after another meetiong it was decided to settle in 1,50,000 in place of 1,00,000.

Now the 1st partner given him 50,000 in cash as a part payment of 1,50,000. The balance of post dated cheque of bi-monthly payment of Rs. 10,000 issued by 1st partner to the 2nd partner.

Now the business is still not running good and able to meet daily expenses only.

So my question is can i get any legal relief by Law, if the 2nd partner misutilize those post-dated cheque. Because of trading I incurred a 2,50,000 and above loss in my account

VIJAY K. TEOTIA   08 September 2010 at 21:52

Commercial Agreements

Who should sign the day to day commercial agreements/MOUs on behalf of the company. Is it necessary to have a board resolution in favour of the person signing such document. if a senior person signs such agreement without having board resolution, is there any illegality/infirmity in case any litigation arises.

Member (Account Deleted)   08 September 2010 at 18:28

Partnership firm

If a partnership deed inter se partners is entered today and say after 3 or 4 months the application for registration of the said firm is made and the same gets registered after an about year after the constitution of the firm. now my question is :
1. When can a partnership firm be said to have come into existence i.e. whether on the date of the entering of the contract of partnership or from the date of the registration ?

2. What is the legal effect of a contract which is entered into a pre-registration period but after the formation of the partnership deed ? more specifically i want to know whether such a contract can be legal and valid notwithstanding the fact that it cannot be enforced in view of the sec. 69 of the partnership act. in fine, i believe humly that there is no legal bar to an unregistered firm to enter into a contract the only thing is that it cannot be enforced at its instance. am i correct ?

Anonymous   08 September 2010 at 13:53

Bank Dispute

I had taken a commercial loan from a top MNC bank for my commercial purpose. They handled my account with complete negligence and there were several errors and wrong charges charged by them.

I took them to consumer court, but the court dismissed my charges saying consumer court is not the correct forum.

There is a arbitration clause also in my agreement.

Please advice what I should do.

PRABHAKAR   08 September 2010 at 11:15

investment limit for induvigual of foriegn orgin (non-NRI)

what is the investment limit of a foriegner induvigual investor (non-NRI)willing to invest in india.

what are the rules to be followed for investment (foriegner induvigual investor)in stock markets in INDIA.

Anonymous   08 September 2010 at 11:05

Buy Back of shares

Respected Members,

My query is can a listed company enter into an agreement with a private investors for buy back of shares at a future date.

Also please suggest the authority for the same.

Thanks and Regards
Ankit Singhal

Shiva Kant Dixit   08 September 2010 at 07:47

Contract

What is difference between MOU and an Agreement.

Anonymous   07 September 2010 at 19:30

RETIRING PARTER'S RELINQUISH DEEP

Dear Sir

A partner (Mother)has retired from the partnership firm & new partner(Son) has joined the partnership firm. The continuing parter is also the family member.Retiring parter had 55% of profit ratio in the business.

Without releasing the rights by the mother, can the firm can give guarantee to other company for any borrowings. Or can the firm lease out the primises which were in the name of the firm while setting up he firm. If not, whether this relinquish deed is to be regestered ?
Please explain ? And give some detailed reference??

Anonymous   07 September 2010 at 15:37

CAN I PROCEED TO DIRECTLY TO CIVIL COURT OR NOT

I HAVE TAKEN SOME COMMERCIAL LOAN FROM THE BANK FOR MY BUSSINESS. I HAVE SIGNED THE LOAN AGREEMENT PAPERS.

IN IT IS MENTION ALL DISPUTED WILL BE REFERRED TO THE ARBITRATION

IT IS NECESSARY FOR ME TO FIRST REFER THE ARBITRATOR
AND THEN PROCEED TO CIVIL COURT

CAN I DIRECTLY PROCEED TO CIVIL COURT?

Anonymous   06 September 2010 at 18:18

What is the role of Arbitrator in Legal machinery ?

Who are they ?

What legal powers they have ?

Who appoint them and why ?

What if,we disobey them ?

What benefit we laymen can get by appointing them ?

I have a very vague idea about them,please clarify.