sagar madan
29 July 2008 at 11:41
My company has obtained a execution decree from company court against 'xyz' company. My company has filed execution petition in civil court in mumbai. The 'xyz' company has filed a petition in Mumbai High Court contending that the civil court does not have the jurisdiction to entertain the same. Is the contention of 'xyz'company tenable.
Ambika.S
28 July 2008 at 16:31
There is a contract between X & Y and in the term of contract there is a clause for arbitration. The said clause states that in the event of differences either parties to the contract may call for arbitration and both parties are bound to sit for arbitration and a venue is fixed. The place of contract is different and the place of arbitration is outside the jurisdiction of the parties to contract. For example the place of contract is Bangalore and the place of arbitration is Mangalore.
The parties to the contract had difference of opinion. Both parties were not aware that place of arbitration place was typographical error.
In such a circumstances whether either one party oppose for sitting for arbitration in a place different jurisdiction?
Sushant Panigrahi
28 July 2008 at 12:09
what is maximum admissible sitting fees as per the Act.
Whether it include Travelling Expenses,
Whether the same is for per Metting
For Eg if Audit Committee and Board Meeting is held at once the what will be the maximum admissible sitting fees
KamalNayanSaxena
26 July 2008 at 00:48
What's the period of limitation to publish notice after taking possession of secured assets U/S 13(4) of the Act.
Please provide citation
MUNEESH DHAWAN
25 July 2008 at 23:43
Dear Friends, my client is a manager in a pvt bank in delhi..he has received insider trading violation letters, first letter states violation of code for first time for shares bought & hence warning letter issued..second letter states second violation for scrips sold which were bought in same April month, hence warning letter,accompanied with Rs. 1000 as fine with forwarding his name to audit committee of the bank as well as SEBI.
It is pertinent to mention that he has not bought or sold scrips of that bank or its group companies but as per bank’ s code he has violated the norms/policy as amount of trading exceeded 10 lacs though that was margin trading. My client has been trading into shares since three years much before joining bank (he joined in Dec 2007). He was completely ignorant of the insider trading policy & trading was carried out in complete ignorance of the rules/policy..mails were sent to all employees by bank regarding this policy but were not read by my client.
First/second violation as per bank was buy/sale respectively of same shares in April and bank will surely treat continuous viloations (3rd,4th, 5th etc.) whereas my client was intimated about April violations on 8th July (violations of May are yet to be intimated)..all transactions happened in April (for which 1st n 2nd violation notice) and May (for which 3rd violation notice is expected)
Now he is expecting third violation letter also which states as policy termination from the bank..my client first got information regarding his trading from bank on 8th July ... and thereafter stopped trading in shares since then...however bank will consider violations of policy since he joined bank irrespective that mail was first sent regarding his trading on his demat account on 8th July...they ought to have intimated then and there in April when first violation happened rather then in July till when it was continuing.
Please suggest what to advice my client so that he is not terminated and that too for his ignorance which was unintentional..to add last point that there were net loss arising from the transactions and no profits accrued
Anand
25 July 2008 at 23:41
Dear Legal Experts
Whether a society registered under West Bengal Registration of Societies Act can be construed as operating under commercial laws?
Thanks and Regards,
Anand
MUNEESH DHAWAN
25 July 2008 at 23:37
Dear Friends, my client is a manager in a pvt bank in delhi..he has received insider trading violation letters, first letter states violation of code for first time for shares bought & hence warning letter issued..second letter states second violation for scrips sold which were bought in same April month, hence warning letter,accompanied with Rs. 1000 as fine with forwarding his name to audit committee of the bank as well as SEBI.
It is pertinent to mention that he has not bought or sold scrips of that bank or its group companies but as per bank’ s code he has violated the norms/policy as amount of trading exceeded 10 lacs though that was margin trading. My client has been trading into shares since three years much before joining bank (he joined in Dec 2007). He was completely ignorant of the insider trading policy & trading was carried out in complete ignorance of the rules/policy..mails were sent to all employees by bank regarding this policy but were not read by my client.
Now he is expecting third violation letter also which states as policy termination from the bank..my client first got information regarding his trading from bank on 8th July ... and thereafter stopped trading in shares since then...however bank will consider violations of policy since he joined bank irrespective that mail was first sent regarding his trading on his demat account on 8th July...they ought to have intimated then and there in April when first violation happened rather then in July till when it was continuing.
Please suggest what to advice my client so that he is not terminated and that too for his ignorance which was unintentional..to add last point that there were net loss arising from the transactions and no profits accrued.
CHIDANANDA K R
25 July 2008 at 17:31
Dear Sir,
If a Ltd company issues a additonal equity shares to other than existing sharehoders of the company on preferential basis.
what are the doucments required for we have to submitt to the stock exchange for permission of trading and listing of addditional equity shares issued on pref. basis.
Kindly advise me.
With regards,
KR CHIDANANDA
Prity
22 July 2008 at 18:34
I would like to know how the law would be considering a case where a husband leaves the company to his wife and if she is declares as mentally unfit the power would go to the natural sucessor, say, the son. What decisions can the son take while he has the power in his hands. Can the mother fight it in court of law if she is back?
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