pravin jain
15 September 2009 at 19:28
A private limited company has paid professional fee to chartered accountant for setting up a project of Bio -Diesel and cultivation of Jetropha plantation . cheque in the name of Chartered accountants firm's issued for project report preparation fee. Another cheque issued to cultivate the nursery for plantation in favor of his HUF the karta of HUF is proprietor of Chartered Accountant's firm.( karta and Chartered Accountants are same)
After preparation of project report and raising of nursery for saplings due to some disputes , the karta of HUF has issued the cheque for entire amount to the company. The cheques returned and Director of the company has filled the suite under sec. 138 of N.I. Act.
Now question arises that whether the karta of HUF shall be liable for fees received by Chartered Accountants firm ?
Whether fees received by HUF returned to the company is a Debt or Legally enforceable debt ?
Whether cheque issued to return the fees is for consideration?
The karta of HUF has made an application under sec. 91 of Cr. p.c. for production of agreement , MOU, books of accounts, vouchers, other relavant records in support of transaction. The Company denies to produce any thing. And through its director furnished an affidavit that the company has no records, vouchers nor account books in his possession on nor in control and can not produce. The case is at evidence stage steel evidence has not started.
On the basis of above facts can a discharge petition be filed by HUF?
Or Director of company can refuse to produce the documents which the company is legaly liable to maintain under section 209 of Companies Act 1956.
PLEASE COMMENT ON THE PROBLEMriven
gopal narain mehrotra
15 September 2009 at 17:52
cause of action of the notice U/S 138 of N.I. Act will taken from the date mentioned on the notice OR the date of dispatched of the said notice by registered post.riven
sandip more
15 September 2009 at 16:02
i wanna in a matter that the respondant having a knowledge of defence without my. wt i can do.
sir also that in the 420 of ipc at the stage of wbp wt we can do.
riven
Kumar Gaurav
15 September 2009 at 13:56
Please suggest any good criminal lawyer in Nainital High Court for Criminal matters as my brother in law is in prision for 3yrs. in flase murder case. And we want to get his bail done. Once bail has been rejected by High Court & sessionriven
Adv. Deepak
14 September 2009 at 20:53
Respondent remained absent when the matter was kept for his evidence. Thereafter, he did not attend the court because of his personal reasons as he was jobless. Now the court has closed the evidence of the repondent stating that he has not availed the opportunity. The matter is posted for arguments. Can Respondent advance his argument? Will court admit it. If written argument is submitted and any document for his income proof is attached to it, will court consider it while passing the final order? Will court ask to show cause why he has remained absent so far? Request the Respected Experts may kindly advise me suitably. Regards. Adv. Deepak.riven
Sukumar Rao Pallepati
14 September 2009 at 10:15
Dear Sir
Pls Provide me Any judgments of Under Section 25 (1) of The Payment and Settlement Systems Act 2007
Sukumar
Advocate
Visakapatnam(AP)
9866022548riven
pooja
14 September 2009 at 01:11
hello this is pooja yadav from thane law student i heard from many people that practicing criminal law is not realy good for girls as in many times i have seen people swithing from criminal to civil at times is it true that it is not suitable for girlsriven
PRAKASHCHANDRA MARU
13 September 2009 at 23:18
hello i am gujarat based lawyer
i would like to appear on behalf of victim at the side of prosecution but i have sanad of gujarat bar association what procedure should adopt to appear in the said district court of the delhi regardsriven
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false 498A - DP3 -4
Dear All,
My wife has filed a false 498A DP 3/4 against me and my family, Self, Father and two sisters.
One sister is mentally ill from past 12 yrs. (treated in govt hospital)
Father is senior citizen.
THEY HAVE CALLED FOR COMPROMISE AND APOLOGISED AND ARE ASKING US TO STAY WITH OUR KID IN A SEPERATE HOUSE. AND THEY WILL WITHDRAW THE CASE WHEN IT COMES TO EVIDENCE.
WHAT LEGAL PROCEDUR SHOULD WE FOLLOW IN SELF & FAMILY INTREST AND START LIVING WITH HER.
OR
WHAT IS THE OTHER ALTERNATE I NEED TO THINK AND DO???
KINDLY ADVISE AT THE EARLIEST.riven