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Panther   20 May 2010 at 14:55

Legal precautions should I take to takeover a Company

We are in the process of buying a "Limited" company from its current owners. The deal is simple; we pay them X amount and they will relinquish their ownership make us owner.
What all legal precautions should I take to make sure I am legally protected and there is no trouble in future.
The company currently has many partners but it will be under single ownership after take over.We are buying it as individuals.

Anonymous   20 May 2010 at 13:13

drt/securitisation acts

Drat set aside a recovery order of DRT for allowing cross examination of bank witness.A loss and damages claim against the same bank is pending in the civil court,the amount is much more than the bank claims.The case is registered and yet to be heard.During cross examination the civil suit claim was asked to the witness.The PO DRT objected that it could not be raised at this late stage since this was never mentioned in the WS filed earlier.Is the PO correct in disallowing the cross examination of these points or new facts discovered against the bank though not mentioned in the WS?

Anonymous   19 May 2010 at 17:59

how to send notice for nonpayment

we send material to our customer.but customer given some payment and now some payment is balance. now customer is not sending his balance payment from last five years.
we want to know that how we get back our payment.

please do the needfull.

thanking you,
yours faithfully.
jiten mota

VIJAY K. TEOTIA   19 May 2010 at 14:43

MOU/Marketing agreement

Marketing agreement and MOUs generally are executed and signed in day to day business. do such MOUs and agreements requires registration, further does it requires to sign such documents on non judicial stamp paper of rs 100/- or plain paper.

VIJAY K. TEOTIA   19 May 2010 at 14:34

joint venture business

A is manufacturer and B is a marketing company. bothe registered under company's act. anther company C is registered under dubai law. A and B agrees to do marketing internationally a product of A under the banner of C. for this purpose a joint venture agreement/MOU signed. is there any legal bar to sign such agreement, is registration required and is it legally enforceable.

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?