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Divya   11 April 2016 at 17:30

Liquidation of company and directors assets

Respected experts,
There is a main asset "land" which is owned 50% by the managing director and Rest share divided among other directors.
Managing director has a parallel partnership firm which borrowed crores from several business groups. All these groups have civil court decrees against the managing director and his firm
Land is the only asset which can be attached. But this land already has mortgage charge of few banks.
1. Is approaching the concerned high court, to put this land for auction and liquidation right remedy on account of several claims against it
2. All the business groups who have civil court decrees against the managing director and his firm, should these groups put their names on the saat baara of that land or directly high court receiver will proceed for decree execution by auction of land.
3. Do the business groups need to attach the share holding of the managing director by filing garnishee proceedings.
4. There are other directors who are holding some shares of that company and also d land ownership on account of that. Do the business groups seek attachment and auction of even these shares held by other directors.
5. Do the business groups seek attachment of personal properties of these other directors since they are a part of a company where the managing director is having liabilities from the same company and even liabilities from his partnership firm

Please share your expertise and knowledge herein.


Thankyou

monty lamba   11 April 2016 at 16:45

Order the meaning of ''appeal stands allowed''

Dear Sir,

a civil suit application u/o 39 rule 1-2

CPC, Dismissed by trial court but the

appeal court order pass on applicant

favour

''appeal stands allowed''

1. this order mean case application will be argued again in trial court.

2. this order mean allow the application on favour of applicant / plaintiff by trial court

3. trial court power of dismissed on basis of documents of this order

Please share your valuable advised

Priyanka   11 April 2016 at 15:28

Property bought with ancestral funds and invested

Dear Sir,
Please suggest and also wanted to check that My Grand Father came from pakistan in 1947 during the partition , at that time he brought some jewellery and precious stones at that time , after reaching india after some time he started doing jewellery business after selling some jewellery and reinvesting the same in jewellery business . After passing of some years in 1952 he invested the same money to buy/Rent a Shop and then House on Rent and after in year 1970 he ( dada) bought a property in his wife name ( my dadi ) by selling jewellery article, We don't have any proof that jewellery was sold to buy the property .

Now our Tau by fraud has got the property in his name by way of WILL 1985 which our dadi has done in his name .She died in year 2004 and my father died in year 2002 .

Our Tau is claiming that he bought the property in name of mother with love and affection , But he is also unable to produce any document that he bought the property from his funds , Only points he is stating that he starting working in Year 1962 and he was saving money and then he bought the property in name of his mother ( My dadi ) .

How does it possible that he has bought the property , We are astonished .

Do we have a chance to claim the rights as a ancestral property which has been bought from Ancestral funds (Jewellery ) bought from pakistan at the time of partition and later on investing same in India .

Our Bua is also with us to support , but what are the real facts which we have to produce in front of court .

Dear Sirs , Please suggest your thought ,How to tackle the situation and counter .

abdul   11 April 2016 at 06:17

online service

Sir I run a online job placement an resume writing service to costumers on paid. And service I given upto 45 days, bu Costumer after getting services and asking for refund. Sir he is saying to file case or fir. I had not given any refundable mail. And all terms an conditions are mentioned on my website with disclaimer. Sir please what I have to do because he gave me time for 3 days only for refund.

Samba Murthy Madeti   10 April 2016 at 21:18

Mortgage loans

Hello,

I would like to know the best way to mortgage a property in case of lending money.

I would like to give amount to my friend and I do not have any money lending license. He wants money and I am planning to I've him for a nominal interest rate.

Can anyone let me know if I can lend him money for a nominal rate of interest and also the best way of mortgage I can mortgage his property as security.

I need complete control over property and would like to avoid further issues.

Thanks,

dev kapoor   10 April 2016 at 18:16

Decree

My friend is a ticketing agent for airlines.In 2013 he booked three tickets for chopper service.As ill luck would have it, a bird hit chopper consequently chopper was capsized resulting in death of all passengers and pilot.Chopper service was offered by state government for pilgrimage.LRs of deceased filed consumer case impleading my friend/ticketing agent as well.Due to advice of an advocate that he has no liabilty,ex parte decree was passed against him.Consumer court held Govt & Insurance Co as well as my friend/agent as jointly and severally liable to pay Rs.2 crores to next of kin of deceased.
Now Consumer Commission pressing him to pay his part of decretal amount.State Govt appeal in HC & SC failed.My friend was not a parte.
I advised him that he is not guilty of 'deficiency in service' in this connection.He presented application before State Commission but turned down.
What is relief in his favour?
How can he save himself from making payment of lacs of rupees ????
Please advice with reference relevant law/judgments.

Anonymous   10 April 2016 at 11:35

about consumer act

Sir I run a online job placement an resume writing service to costumers on paid. And service I given upto 45 days, bu Costumer after getting services and asking for refund. Sir he is saying to file case or fir. I had not given any refundable mail. And all terms an conditions are mentioned on my website with disclaimer. Sir please what I have to do because he gave me time for 3 days only for refund.

Hardik   09 April 2016 at 11:44

Social networking proof

Dear Experts, can I use screenshots of my chat with my wife for proving her wrong that "I never tried to contact her". I have screenshots of my Facebook and Gmail account.
Can we use screenshots legally? Please help. I need to prove her wrong. After that I am planning for defamation case once I am done with mediation date on 28 April. Thanks in advance.

Anonymous   08 April 2016 at 22:46

enquiry

Sir please sir mere baba jee 3 bhai thy..sbse bdy Jo thy unki shaadi Hui the but unki aurat shaadi key tyrant baad unko apny mayky me rhny lgi aur 50 saal tak hmare Dada jee key pass nhi a aye to hmare Dada jee ney hmare pita jee ko ek registered bill kr diya .. phir hmari dadi Jo ki apny mayky me rhti thee unhony pk 11 ky that jameen any nam transfer krwa lee phir usky baad jameen apny bhaiya key naam kr di hai ..kya sir registers bill krny key baad bhii aisa hona chahiye tha.

sandeep rane   08 April 2016 at 21:10

Res judicata

Sir/Madam,

Fresh suit is yet to be file on same cause of action.

In a earlier civil suit on application to withdrawal of the suit with liberty to file fresh suit on the same cause of action, Defendant took objection of abatement & opposed withdrawal but court did not decide the objection of abatement & allowed the withdrawal of suit with liberty to file fresh suit on the same cause of action.

In this case whether objection of abatement if taken again by Defendant in fresh suit will hit by principle of res judicata by reason of Explanation IV to section 11?