Ghanshyam
12 March 2010 at 15:50
Hello There
I would require Some EXPERT advice only, please Guide iam in a deep Trouble
I had started a partnership firm with one of my friend and his friend, In total we are 3 partners A,B & C and we had invested around 15 LAC in total
With a ratio of A= 40%, B= 40%, C= 20%-(silent partner).
I and my friend had a share of A= 40%, B= 40%.
We started this GYM (FITNESS CENTER) in the year 2006, the place was taken on rent, the rent deed was made on my friends name and we had invested around 10 Lac on interior modification & furniture
We had made a partnership deep on a stamp paper of just RS-500 and duely signed by all the 3 partners, (Notary done) , but we had not registered the deed (since proper guidance was not provided to us by the lawyer), and in the deed it was Cleary mentioned that,
• The Bank account will be operated by both the partners, and will be used for Business purpose only.
• New machinery or loan will not be taken without the consent of all the partners.
• If any partner retires he needs to give 1 month notice in advance.
As per the discussion held between all the partners we gave the right to Mr B to operate the account.
I & Mr B had decided to sell off the GYM as it was not running successfully, but at the last moment Mr B denied and told that he will run the business, he is not interested in selling it off
So I gave a verbal notice to Mr B as he was interested in running the business in may 2008 & told him to pay me my share, which he agreed on. But as there was no result I gave him a written notice on a piece of paper on APRIL 2009 That I wish to withdraw,
profit was not shared with me since 2008,.
I DID NOT receive my share of withdrawal money till date, So officially iam still a partner in the business
In the month of June 2009 Mr B sold off the old machinery and brought NEW MACHINERY ON A LOAN of RS 8 lac, without the consent of the other partners ( which was without the rule as per the partnership deed)
And as the SHOP ESTABLISHMENT LICENSE had expired, Mr B made a new license with only his name as a proprietor.
I had lended a loan of appprox Rs80,000 / - a friendly loan by using my credit card to Mr B (which Mr B promised to pay and had not yet paid, he is been paying just the minimum payment since the past 18 months, due to which my credit worthiness has been spoiled in the banking industry)
And when I checked the accounts I found around 3.5 to 4 Lac of Cash entry was missing from the records, entries was present in the BANK passbook but not in the collection book.(this was done by MR B)
Now Mr B is telling that as per the government rule there will be a deduction of 15% PA on the amount invested. & the amount invested for modifying the plot will also be deducted from my share as the plot has to be brought in its original state when we windup the business( but he is not interested in winding up the business for the next 5 years)
I am also eligible for Royalty as the business has become a good BRAND name in the market
Now please guide me the steps which I should take so that I can recover my money since I have given him a written notice in April 2009 I should receive Amount +Interest + the profit+ Royalty.
IF WE CAN STOP THE FUNCTIONING OF THE GYM, this will pressurize Mr B to pay MY MONEY FAST
PLEASE GUIDE ME WITH ACCURATE STEPS TO STOP THE FUNCTION OF THE BUSINESS WHICH WILL HELP ME RECOVER THE MONEY.
Vishu
12 March 2010 at 15:45
Dear Sir,
I have lost my original property documents. I want to register a complaint with police station. Can you please guide / provide me with standard letter format or help in writing a letter to police on same.
Regards
Vishu
ashish agarwal
12 March 2010 at 15:41
DEAR SIRS,
IN A CHEUQE BOUNCING CASE COURT HAD ISSUED SUMMON TO THE ACCUSED, AFTER WHICH OUR ADVOCATE SENT THE COPY OF THE SUMMON TO THE ACCUSED BY EMAIL ALSO. IN REPLY OF IT ACCUSED SENT A MAIL BACK SAYING WE WILL PAY THE AMOUNT IN APRIL,2010.
ON THE OTHER HAND VERBALLY HE IS SAYING THAT HE WILL NOT PAY THE AMOUNT NEITHER HE IS APPEARING IN THE COURT.IN THE MEANTIME COURT HAS TWICE ISSUED BAILABLE WARRANT TO THE ACCUSED.
SIR MY QUESTION IS WILL COURT ACCEPT THE CLIENT'S EMAIL TO OUR ADVOCATE AS A PROOF IN THE CASE AT SOME POINT. AND ALSO THAT INDIRECTLY CLIENT HAS ACCPETED ITS FAULT BUT NOT APPEARING IN THE COURT. WILL COURT TAKE IT AS CONTEMPT OF COURT AND ISSUE NBW. AND EVEN AFTER IF THE ACCUSED MANAGES AND DOES NOT APPEAR IN THE COURT.. THEN WHAT SHOULD BE OUR STAND AND HOW CAN WE USE THE EMAIL AS A PROOF? BUT FIRST OF ALL WILL COURT ACCEPT THE EMAILS AS A PROOF?
Djrao
12 March 2010 at 14:47
Hi Experts,
I bought a flat in a apartment last year and katha transfer is pending or didn't applied yet since builders not got occupancy certificate from BBMP, bangalore.
I got questions like -
1. Can we form association even before katha transfer and Occupancy certificate.
2. Does association become responsible for getting the occupancy certificate if its formed.
Chatchithanantham Deivasigaman
12 March 2010 at 14:38
Dear Sir,
We purchased a conditional patta agricultural land from a owner in 1998 who bought it from the original owner on whose name the conditional patta was issued. The conditional patta was issued in 1961. The land was bought from the original owner on 1980 we bought the land from him in 1998 in my mothers name and from 1998 onwards we are paying the required taxes properly up to date.
My owner bought the land from the original owner in 1980, on whose name the conditional patta was issued. But it was not registered. Later when my father bought the land from my owner in 1998, it was registered on my mother’s name. The Chitta and RSR copy are in my mother’s name now.
My neighbors encroached a portion of my land in the past few years. So we gave a complaint to the district authorities to remove the encroachments.
After investigating the issue, now the authorities saying that we have no rights to purchase a conditional patta land and the land is still in the name of the original owner and asking us to give proper explanation.
One of the conditions mentioned in the patta is that the land cannot be sold for the next 10 years from when the Conditional patta was issued. (As per the condition, it can be sold only after 1971) if at all it can be sold after 10 years, it can be sold only to a scheduled caste person. (My previous owner and my self both belongs to scheduled caste)
Now following are my doubts/queries:
1. The revenue department is saying that the land is still in the Original owners name to whom the conditional patta was issued. But we made the registration in 1998 on my mother’s name. How it is possible?
2. If at all we bought the land wrongly, the Registration department should have highlighted it when we registered and the Revenue department should have highlighted it when we changed the RSR, and Chitta in to my mother’s name and should have objected us when we paid the taxes every year after 1998 in my mother’s name.
3. Now how should we proceed the matter to save the land and to remove the encroachment?
Kindly guide us.
Anonymous
12 March 2010 at 14:31
Dear experts
The quesry posted earlier:
Kindly advice me if the designation of a government employee ( Working as a permanent employee under centre government against class-I post)can be changed to a lower side on up gradation of the parent organization where he/she is serving.
To my above request I received the below detailed answer from one of the honorable experts: If the organization has been upgraded under any scheme and if such employee has been downgraded and no service conditions, perks and duties have been changed then it hardly matter what designation has been given to the employees.
Sir, downgrading and employee shall definitely affect his / her status and avenues of further promotion. My designation at present is Librarian and if the new designation is imposed on me It shall make me Assistant Librarian and two new persons shall be apponited senior to me as Deputy librarian and Librarian.I am fully qualified for the post of Librarian with Ph.D Degree in the subject. It is not only my same is the position of all 20 NIT librarians. It is mentioned that RECs have been upgraded to NITs. Kindly clarify.
Regards
Anshul
12 March 2010 at 14:26
is it true dat................. exemption of 214/86 is availaible to job worker only if it is an intermediate goods for principal manufacturer?
or it is availaible irrespective of dat d goods r final product or intermediate goods 4 principal mfrer....
pratik
12 March 2010 at 13:58
Hello experts
1)When i was reading the direct tax code, 2009 a section say that between the assessee and the ITO, A.O. Or any higher authority will be designated as a civil court . so can i say that the conetmpt of court act, 1971 is applicable if any contempt occurs.
2) as i it also say that between the assessee and the ITO, A.O. Or any higher authority any proceeding will be considered as judicial proceeding so i think that the conempt of court act, 1971. also pls tell me what is the meaning of judicial proceeding.
Thanking u all experts in advance.
Trinadha Rao
12 March 2010 at 13:55
QUE.1.Please tell me if their is a way for a Salaried Person to file Insolvency or (Bankruptcy)? Please spell out the Procedure if any?
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Limitation to File an Appeal in high court
Dear Experts,
The district family court has judged an ex parte divorce for me. Along with the divorce petetion, my wife had also filed a compensation petetion. In that she added my father as second party. This petetion has been judged as partially exparty as my father defended the case.
He want to go for an appeal in the higher court. what is the time limitation allowded for this ? Is a copy of the judgement is required to file an appeal.
I heard from my father that , he will have the copy of the judgement after one month of the judgement(even if he filed an urgent petetion) .Kindly help me on this