ess
25 January 2017 at 06:15
Is there any provision in law under which a company can be asked to update signature of a shareholder?
Sandy
24 January 2017 at 02:34
Hi,
I worked in Accenture India for 6+ years and left my job after almost one month I submitted my resignation, but HR asked me to complete 90 days period else will initiate absconding process. Since they had initiated absconding process earlier, now they ask me to pay for 2 months notice period which is more than 2 Lacs. I would like to avoid paying this amount if possible, but in worst condition I will pay. But my main concern is that, I should get all my revealing letters, experience letters etc. without any negative remarks. Also in future if any verification comes to the company, there should not be any negative remarks maintained for me in the system of Accenture.
Please provide your precious expert advice.
Himanshu Mandot
23 January 2017 at 05:06
Hi, I am Himanshu Mandot, working with Cure Life Care Pvt. Ltd. as a manager -commercial since May 2013. My Salary is Rs. 75000 p.m. which i did not got since October 2016. Company has given me a notice stating that due to it's financial condition, they are forced to close the employment contract from 1st of january 2017. Now they have paid only thirty thousand on 06.01.2017 and that too from their sister concern and not paying the pending salaries, saying that the bank has feezed the company account, (due to account become NPA) hence can't pay the salary. They say that they can pay the salaries only if the account comes under working condition. I do not know how can I recover the salary
please suggest if any legal advice can be taken
shivshanker jain
18 January 2017 at 13:06
tere are two directors in pvt ltd company , one out of it has appointed one more director with forged documents filled at mca.
please suggest what action can be taken and how appointment can be cancelled
gurudath
17 January 2017 at 18:25
SPL [Complainant] is a private company established in 2003 and they are engaged in manufacturing Iron bars etc.
Whereas, M/S. AML [ Accused] is engaged in Manufacture of Steel with Registered office at Hyderabad.
M/S. AML have been purchasing the Sponge Iron- Lumps from M/s. SPL since several years on credit facility. Over the years the accused have gained the trust and by misusing such trust, it had purchased the Iron ore for its factory under various invoices by placing orders to them. The details of the total supplies made during the period for 01.04.2015 to 31.03.2016 under various invoices.
In-spite of Acknowledgement of receipt of the goods in good condition, M/S.AML has defaulted in making payment against overdue amount and Yet to issue the C-Form for submitting to the Sales Tax Department.
The complainant raised invoice against the Purchasing Orders placed by accused, the following three Invoices, are in respect to the three cheques which has been returned un-paid by the Accused. (Cheque Bounced)
AML (accused) in its letter dated 5th March 2016 it had written a letter stating that the Company is a sick company and its case is registered duly with H'ble BIFR (Board for Industrial & Financial Reconstruction), NewDelhi. Under the defence of reference to BIFR requested the complainant not to present the cheques against the material supplied.
According to accused, BIFR, while registering the reference of company dated 17.11.2015 has restrained the accused from disposing of or alienating in any manner any assets of the company without the consent of the Board. The accused is a sick company and presently running the unit at low capacity hence not able to realize the pending amount. And hence, the accused cannot be forced to honour the post dated cheques.
The Management of the Complainant have gone ahead and filed the case under Section 138 of Negotiable instrument Act stating the criminality of dishonour of cheques. But, Contention of Accused seems to be that the restraint order passed by BIFR remains operative based on facts and circumstance, for instance, before the date on which the cheque was drawn or before expiry of the statutory period of 15 days after notice, a restraint order of BIFR under section 22-A was passed against the company then it cannot be said that the offence under section 138 NI Act was completed.
Here, It is evident from the action of the accused, that there is mala-fide intention to commit fraud on the complainant(supplier) as the accused initiated the above purchases of materials despite the knowledge of filing case with BIFR. Whereas, the accused is actually economically wealthy person and owning huge properties and owning various companies with same management.
The accused have proved to be habitual offender as accused has indulged in to same modus-operandi with other material supplier company.
What could be the remedy for ensuring the recovery of money and C-Form.
Filing a case of corporate Fraud
or can the liability be fixed on group company
or can BIFR approval be obtained as a Interim Relief for allowing the accused to release the fund(accused does not seems to be interested in payment).
Or a suit only under section 138 of NI Act.
Kindly advice your point of view.
Regards
Gurudath
9916123071
Member (Account Deleted)
17 January 2017 at 15:48
Dear Sir/Ma'am,
As per the Law of Partnership it is illegal for a partner to dispose of the "Partnership Property" without the prior consent of the other partners.
Can you please provide me a case law where a partner disposed of the "Partnership Property" without prior consent of the partners and the court held that the "property" was to be reinstated to firm.
Please see: I am requesting a case law where the property was reinstated to the firm and not any other relief like damages/compensation for the same.
Payoja
15 January 2017 at 01:03
Under a Lease Agreement, if a foreign party is Lessor and an Indian company is Lessee then in order to give any notice, intimation to the Lessee does the Lessor have to mandatorily comply with the provision of Section 20 of the Indian Companies Act, 2013 in light of Section 6?
BHARTI KOTHARI
14 January 2017 at 07:22
Sir complaint has been filled against me for cheque bouncing by a company on the basisi of ressolution. however the said ressolution does not bear the seal of company and further the blanks in the said ressolution for cheque number and date were filled by hand written without any intial after the execution of ressolution. now my query is that can it be valid ressolution and beside this what are the requirement for valid ressolution under companies act.
shivshanker jain
12 January 2017 at 19:38
i have resigned from private limited company, i want to take no due certificate from company so company can not claim any liabilities of creditors . company has not taken any sort of finance till today.
can i have format for legal no due certificate to take from compan as well as tell what all docs i should take from company for my safety
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Disqualification of director under sec 257 now 160
A person while being nominated to director ship in a public company failed to submit the deposit amount of Rs. 10000/=, a requisite under sec 257 / 160.
The Director was elected and appointed without noticing the error.
After a couple of years, the error was found. Can the director continue to be a director or does his appointment become null and void from the date of discovery as he is in violation of the rule.