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Queries Participated

Deepak Nair   27 April 2012 at 17:27

Business transfer agreement

A company wants to acquire other company including all their assets and lliabilities. Assets include fixed and movable assets, land, building etc.
Thus, can we include the transfer of assets/property in the business transfer agreement (BTA)?? OR whether a seperate deed is required for that transfer??
If BTA is enough, then how the court fee will be calculated?
Please advise me on this.

ganesh kumar   07 January 2012 at 20:43

Section 138 of ni act & section 397 of cr. p. c

I have filed a revision against the order of the MM, who dismissmed my compalint in default. I have filed the revision before Session Court who suggest me to withdraw the same and filed before high court because of Dhingra's judgement. Ld. Court told me that the Sessions court does not have the power. Kindly provide the details of judgement if any body have or put some light over the issue in question. The reason for the dismissed in default is non appearance only once. This is only due to problem while noting the date into diary

VINIT KUMAR JAIN   08 November 2011 at 16:55

Company law

In relation to the issue of shares other than cash. If the company is issuing Rs. 6,00,000/- shares how much stamp duty is required to be paid and what is the mode of payment. Agreement for issue of shares other than cash required. If form-2 is filed along with the copy of agreement then whether it is compulsory to file form-3.

Anonymous   05 November 2011 at 14:26

Stamp paper of partnership deed

I Inform you i will new business start with my other friend so legal documents as indian goverment law what amount stamp paper use in partnership deed & what is the terms & condition mention in deed. so pl.help me. my business start in 11-11-11 so advise require urgently.

Nidhi   23 August 2011 at 18:19

Indemnity clause

Hi All,

I am vetting a agreement and donot have much experience in vetting, kindly guide if the following clause is ok:
INDEMNIFICATION
Each party will indemnify, defend, and hold the other harmless against third party claims(Including, without limitation, the parties’ employees) for personal injury, death or loss of or damage to property caused solely by its negligence in the performance of this Agreement.The indemnitor’s obligations under this Clause are conditioned on receiving prompt notice of a claim from the indemnitee. The indemnitor will be entitled exclusively to control the defense. At the indemnitor’s expense, the indemnitee will provide reasonable assistance in defense of the claim including, but not limited to, promptly furnishing the indemnitor with all relevant information within its possession or control. Because the indemnitor will provide the defense, the indemnitor will not be liable for any attorney fees or costs of indemnitee.The indemnitee may participate in the defense, but in no event will the indemnitor be liable for the indemnitee’s attorney fees or costs. The indemnitee may not enter into any settlement, assume any obligation or make any concession without the prior written approval of indemnitor, which may not be unreasonably withheld.


LIMITATION OF LIABILITY

The maximum liability of Contractor to the Owner arising out of or in connection with this agreement, whether such liability arises from any claim based upon contract, warranty, tort or otherwise, shall in no case exceed the actual amount paid to the contractor by the owner for contract services to be delivered hereunder.
In no event will hail be liable for any incidental damages, consequential damages, special damages, indirect damages, loss of profits, loss of revenues, or loss of use, these limitations and exclusions will apply regardless of whether liability arises from breach of contract, warranty, tort (including but not limited to negligence), by operation of law, or otherwise.

this clause has ben inserted by other party in the agreement.

jayesh sinha   06 August 2011 at 19:41

Sale deed execution-j k sinha

i have executed sale deed but the bank from where i have taken loan are taking to my executed sale deed that in mode of payment their pay order number and date should have been mentioned my question is whether can impose such rules on me they have sanctioned my loan simply because the sale deed has been prepared by lawyer/advocate other than their nominated lawyer/advocate they are causing such harrasement to me i have told that on stamp paper of rs 100/- the person(vendor)from whom i have purchased resale flat he is ready to give acknowledegemt of pay order issued by bank they are not agreeing in that case i will have to make correction deed kindly let me know in correction deed is it mandatory that all pages of original sale deed have to be incorporated or simply the page which needs correction as per bank requirement is sufficient kindly answer to my query from expert panel by sunday evening if anyone can help me

Gargi Ranade   18 July 2011 at 12:16

Registration of Hypothecation deed

Dear All,

There are two party's who have executed hypothecation deed for hypothecation of Machinery (movable ) in nature.

One party reside in Japan & another at Delhi.

Kindly let me know what will be stamp duty rate for hypothecation deed executed at Delhi.

Is it compulsary to registered this deed.

Within what time this deed should get registered. How much delay is permissable.

waiting for the reply.

Thanks & regards,
Gargi

Anonymous   15 July 2011 at 10:37

MOU - waitage

a group of land owners have form a society. & started construction of Residential property. A is life member of the society. A is not having money to pay for the construction of flat. B is ready to pay the money to A if A sing MOU with B.
The terms are When ever A Will sell the Flat he has to Pay B ( agreed %)/ A has to return money with within 3 years from the date of possasion with interest @ 2.25 % p.m.

What is the waitage of MOU if Mr A after receiving possasion not able to pay money & not ready to sell the said property?

Here A is not getting bank loan since the said property is not in his name & he is only life member & also letter of allotment is not given to any member by society.

A do not want to sell the property since one more falt can be developed agais remaining FSI & if he sell the property he has to transfer his membership rights.

Anonymous   11 June 2011 at 10:22

stamping of multiple Loan Document

Is is possible to combine more tan one documents, say Loan Agreement, Hypothecation and Guarantee Agreement (in booklet form. In such case is it permissible to pay the stamp duty for the Document attracting highest Stamp duty and pay only minimum duty for rest under Indian Stamp Act / Bombay Stamp Act?

SUBHASH SHARMA   27 May 2011 at 17:43

AGREEMENT

WE HAVE (ABC LTD) SENT A MACHINERY TO A CUSTOMER ON DEMONSTRATION PURPOSE FOR 2 -3 DAYS HAVING MACHIERY VALUE OF RS. 50 LACS.

HE HAS PREPARED A AGREEMENT ON OWN COMPANIES LETTER HEAD.

IN CASE MACHINERY DEMAGE 100% ON THE SITE OF CUSTOMER.


1. CAN WE FILE A CLAIM AGAINT THE
MACHINERY TO GET THE CLAIM.
2. CAN WE RECOVER AMOUNT OF LOST OF
MACHINERY FROM THE CUSTOMER.
3. CAN WE FILE A CLAIM WITH INSURANCE
COMPANY.

PLEASE ALSO CONFIRM AGREEMENT SHOULD BE PREPARED ON STAMP PAPER PAYING THE STAMP DUTY OR NOT.