Vashishth Joshi
03 September 2019 at 14:09
BRIEF OF THE TRANSACTION
An Indian company is willing to enter into several trades with a company in Ghana. The partner/director of this Ghana company is an Indian resident. He assures to give the Indian company a certain amount of trade and a fixed percentage of return for the credit period he uses to pay the invoices. There is an understanding between this Ghana company and Indian company whereby, the Indian company would sell goods to Ghana company under credit terms (4-6 months). However, the Indian company needs some security of the payment. Hence, the partner of this Ghana company is ready to become a guarantor and give PDC (as security) issued in his personal capacity in favour of the Indian company. If the Ghana company defaults, the Indian company can encash the cheques of the Surety or sue him if it is dishonoured.
QUESTIONS:
1. Can this Indian person, being a partner in the Ghana Company, act as a Surety and give personal guarantee under the agreement?
2. Is Indian company entitled to receive PDC in INR as a security, for the given transaction (being in foreign currency) and be able to effectively use it to cover its debt, if the foreign company defaults in payment?
3. Considering the involvement of foreign currency bill being secured against Indian currency PDC, is there any requirement to report this agreement to RBI or need to follow any FEMA guidelines?
Tanx
03 September 2019 at 12:57
Hi. I stay in tulip petals society which is governed under haryana apartment ownership act. In last 7 years there was no audit conducted. Also recently the elections were held where there was a variance in vote counting and later displayed results. Please suggest who can I complain and escalate this matter. Can Election be null n void.
Sameer Apte
03 September 2019 at 11:12
I have purchased flat in Pune in 2012. Agreement to sale was registered in Dec 2012 and possession was accepted in 2014. But since then builder has not provided us completion certificate. I have requested him to register Deed of Assignment just to confirm all transaction completed smoothly. Draft of the same was submitted to builder's lawer for review and now his builder is saying according to MOFA you can not register such document rather form a co.op. Soc..
Does formation of society and deed of assignment are linked?
Banuvara Raja
03 September 2019 at 04:14
We are 6 decree holders in the same suit. We have filed execution petition against defaulters who are 20 persons.
On the crpc 200 application sworn in statement judge took oath of only one of us in the box. And took same persons sign but not all our signature.
Can you guess why judge did like that?
Anonymous
02 September 2019 at 23:21
Whether the complainant under NI case can drop one of the accused person from the case, stating the person has nothing to do with issuance cheque. Any decided case law please.
Anonymous
02 September 2019 at 23:09
What is the procedure, when the accused person does not deliberately appear in NI case/trail despite issuance of several bailable warrant against him. Interestingly, though he executes bailable warrant issued against him. Any decided case laws.
srinivas
02 September 2019 at 20:31
Sir,
I am from Telangana, I have made plots and sold some plots in my Agricultural land without conversion of NALA(Non agriculture land assessment).
But, after some days He cancelled his registered sale deed of that plots. Now I have removed all plots and only doing Agriculture in that land at present. Please kindly guide me I have not made any conversion to NALA and not paid any NALA tax and at present I am doing Agriculture in my land , as per LAW now is my land comes Under Agriculture Land or Non- Agriculture Land?
Anonymous
02 September 2019 at 17:07
Respected Sirs, Note : Complainant is a joint purchaser (second name in Agreement) and also holds a Share Certificate as the Second member of the CHS. Entrance fees and Share Application money for both owners/members have been paid long back when the property was purchased in 2008. Due Documentary evidence was also produced both before the MC and during the proceedings. In September,2014 MC wrote to the First Member ( complainant’s wife) that the complainant is not a member. 1. A complaint under section 23 of MCS Act was filed with DY. Registrar of co-op. societies in March, 2015. 2. The Dy. Registrar issued an order rejecting complaint in Oct. 2015. 3. A Revision Application was filed with Honb’le Divisional Joint Registrar in Nov. 2015. 4. After prolonged delay Hon’ble DJR passed an order in July, 2018, setting aside the order of the Dy. Registrar and remanded the matter back to the Dy. Registrar for fresh hearing. 5. Honb’le DJR held that: Respondent Dy. Registrar had not considered documentary evidence produced by the Applicant. Respondent Dy. Registrar has not considered facts and has not followed due process of law while deciding the case. Impugned order suffers from the violation of Principle of Natural Justice. Therefore, the impugned order is set aside and the matter is remanded back to the Respondent Dy. Reg. for afresh consideration and decision on its own merits. 6. In Aug. 2018, Dy. Reg. was approached for conducting afresh hearings. There were 6 hearings on different dates and the matter was closed for order in Jan. 2019. 7. Despite persistent follow-up, NO Order has been passed so far. 8. Recently, when enquiry was made, it was orally informed that it is decided to conduct re-hearing and a date in Sept. was conveyed. 9. When asked about the reason for the re-hearing no direct or satisfactory reply is forthcoming. But it is understood and it is likely that process under section 91 instead of section 23 will be insisted. MY QUERY : a) Although the initial order passed by DY.Reg. in Oct. 2015, went against the complainant, the matter was obviously heard and disposed off under section 23 as the order itself bears an inscripttion to the effect that it is an Order under section 23 of MCS Act, 1960. b) Hon’ble DJR , while bringing out various infirmities in the order of Oct. 2015, has not questioned the applicability of section 23, but has set aside the said order on account of illegalities mentioned in para no. 5 above. In the aforesaid circumstance, and especially since the matter has been remanded back for the limited purpose of AFRESH HEARING, can the present Dy. Reg. send complainant to co-op. court at this late stage? This will not only force the complainant to start the whole process de-novo but will also be vexatious for him. How can this be avoided? Can estoppel or res-judicata be invoked saying that the earlier decisions of the two authorities to consider and hear the matter under section 23, being a judicial decision, is correct and it should be followed for the AFRESH HEARING as well. I await your guidance.
sandhya
02 September 2019 at 16:20
Sir, I am a 36yrs old working women married 10yrs back.Now having two my husband is using abused language nd threating to go away from home nd stay with parents or Orphanage.I really got frustrated for his relatives to nd fro to our home.For that he is behaving like this.At present my mother is also hospitalised with major surgery.Plz suggest me how to solve this issue.
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What next after warrant issue?
Court has issued warrant in execution proceedings. My questoins are.
Will the court arrest them and put them behind bars for not obeying court order?
Shall I give application for issue of NBW now?