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Heaven 2011   19 May 2010 at 12:44

Joint venture agreement registration

Two companies A and B enters into a joint venture agreement to create Company C with certain reponsibilities and rights etc. Is it necessary that the agreement be registered?

Chandan Garg   19 May 2010 at 12:07

charges on NEFT

No bank is charging on NEFT Transfer, but HDFC is charging..

Is it legally allowed to them by RBI??

Dr C Suresh   18 May 2010 at 22:44

Important Hon Constitutional bench Supreme Court Judgment

Whereas the Hon Supreme Court in Union of India vs. Madras Bar Association (Civil Appeal 3067 of 2004) on 11-5-2010 has held:

Para 15 ( re: Independence of Judiciary) ..Its(judiciary) existence depends however not only on philosophical, ethical or moral aspects but also upon several mundane things- security in tenure, freedom from ordinary monetary worries, freedom from influences and pressures within (from others in the Judiciary) and without (from the Executive).

Para 20 (Recommendations for better working of Tribunals); Only if continued judicial independence is assured, Tribunals can discharge judicial functions. In order to make such independence a reality, it is fundamental that the members of the Tribunal shall be independent persons, not civil servants. They should resemble courts and not bureaucratic boards. Even the dependence of Tribunals on the sponsoring or parent department for infrastructural facilities or personnel may undermine the independence of Judiciary,

Para 35. ....If Tribunals are to be vested with Judicial power hitherto vested in or exercised by courts, such Tribunals should possess the independence, security and capacity associated with courts.

Para 40......Rule of Law has several facets, one of which is that disputes of citizens will be decided by judges who are independent of the Executive. Another facet of Rule of Law is equality before Law. The essence of equality is that it must be capable of being enforced and adjudicated by an independent judicial forum.

Para 44 (b).. Any Tribunal to which any existing jurisdiction of courts is transferred should also be a Judicial Tribunal......and the members of the Tribunal should have the independence and security of tenure associated with Judicial Tribunals.

Para 55 ......the provision for routine suspension pending enquiry and the lack of any kind of immunity, are aspects which require to be considered and remedied.

Para 56(xii) To maintain independence and security in service, sub-section (3) of section 10FJ and section 10FV should provide that suspension of the President/Chairman or member of a Tribunal can be only with the concurrence of the Chief Justice of India.

Para 56 (xiii) The administrative support for all Tribunals should be from the Ministry of Law & Justice. Neither the Tribunals nor its members shall seek or be provided with facilities from the respective sponsoring or parent Ministries or concerned department.

Anonymous   18 May 2010 at 21:19

Forex Trading

Hello,

I am resident of India. I am planning to do Forex trading with a Swiss company. I went to Axis Bank and came to know that money remittance is not allowed for Forex trading purpose. I inquired with HDFC bank and they told the money can be transferred to my overseas broker. I am confused because of 2 different answers from the banks. I need to know the following:

1. Is Forex (Foreign Currency) trading allowed for resident of India with a Foreign broker?
2. If remittance is not allowed, can I still deposit money by asking my friend to do it from USA and still do the trading?
3. What are the implications if I go ahead with remittance with HDFC bank?

The deposit amount is $2000 USD.

Please help me in clarifying my doubts. Appreciate all the help in advance.

Anonymous   17 May 2010 at 19:20

manufacturing activity

applying a chemical for processing semi finished leather into finished leather is a manufacturing activity?

rocky   17 May 2010 at 19:15

manufacturing activity

applying a chemical for processing semi finished leather into finished leather is a manufacturing activity?

VIJAY K. TEOTIA   17 May 2010 at 11:10

Arbitration clause

Is arbitration clause of indian council of arbitration similar to arbitration proceedings under arbitration act. What is the difference between arbitration under Indian council of arbitration and Indian arbitration and conciliation act 1996.

Anonymous   17 May 2010 at 07:48

Can trust lend money?

We are running a trust which is registered under Indian Trust Act. Whether we can lend money to our beneficiaries and accept deposits from them?

Anonymous   16 May 2010 at 23:30

cheque return cases ( Account Payee)

A Cheques is returned from the Bank A/c Due to insufficient Balance before 6 Months.
Now The opp. Party is not Paying the Cheque Amt. so how can i make a complaint agianst him.
I dont have any advocate, and can't bear the cost of Advocate due to financial Problem.

I want to Know,

1) Can i File a Complaints against him in cheque return case, by self without any helo of Advocate.
2) What is the Procedure for this?
3) What is the Max. Preiod of the day for Decision on such cases.
4) I want to know How i can file the case in court and which courts.
5) Can i get some sample copy of complaints.


Pls. reply me as soon as possible.

Navin Kumar Agarwal   16 May 2010 at 23:10

arbritation

I was in business dealing with a co in aurungabad , due to some losses in business and share market I am unable to pay their dues and I want to pay in instalments ,as i have closed my business and servicing in a firm now,but company has gone for arbritor and i have received notice from arbritor ,I have no money to fight as i am on salary and can pay my dues on monthely basis i am from allahabad and cannot fight case in aurungabad
suggest me what to do ,if i dont turn up what can arbritor award against me and how it will be enforsed against me as I have no property or any stocks that can be liquidated help me IF ANY LAWER FRIEND FROM AURUNGABAD CAN TAKE MY CASE PLEASE SMS ME MOBILE NO AT
9897041199

or mail me at (navinkumar2007@gmail.com) I need legal help to fight and i want best and economic solution i.e.I am not in such a bad condition that i cannt pay my lawyer his fee and expensess .Some one sugested me that I should wait for final order of arbritor against me and not to receive any summen or notice and after final order I should go to court against that order, IS IT RIGHT though my case is in primery stage and first hearing at arbirator is in may 20 2010 please help me as i am totally confused