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neeru20021   27 February 2010 at 15:39

Diploma Certificate

Helo friends,

thanks for your replies. They are engaged in diploma in excise, sale tax, accountancy or we can say indirect taxes. please tell me from where they can get affilation or recognition for these type of courses. these courses are in class-room mode as well as Distance mode also.

Anonymous   27 February 2010 at 15:28

MACT

If the Govt. Vehicle say Army vehicle is involved in an fatal accident on road, can the legal heirs of the deceased file a case for compensation under the MV Act? Is Govt. (Army) liable for payment of compensation? Cannot they say, they are discharging state function, therefore not liable to pay compensation under MV Act?

Anonymous   27 February 2010 at 14:52

section 138

Is the settlement possible after the appellant is convicted in a lower court?

Anonymous   27 February 2010 at 14:15

Ref. 1995 Supp. (4) Supreme Court Cases 590

Please from where I can download the Judgement of the Honable Supreme Court under Ref. 1995 Supp. (4) Supreme Court Cases 590 Shripal Jain v/s Torrent Pharmaceuticals Ltd and Others.

If anybody having this judgement pls mail me. to "pchatterjee5@rediffmail.com"

Thnaks/P.Chatterjee

Anonymous   27 February 2010 at 14:11

Non issuance of duplicate shares/fraudulent transfer of sha

This is to inform you that I have lost/misplaced 200 shares of a company in 1996, which were registered in my name and the same has been intimated to the company immediately by Regd. Post with A/D and requested them for stop transfer and for issue of duplicate shares, but the company inspite of my repeated reminders directly to them and through Investors Grievances Cell of SEBI, NSE, DSE, BSE till 1999 not responded my any communications.

Thereafter in early 1999 the Company sent me a back dated letter having date of Nov.1998 along with a copy of a letter of a broker of NSE who have simply claimed the said 200 shares on the ground that their one sub-broker who has already closed his business, delivered the said 200 shares, without supporting any document in support of their claim and accordingly the Company refused to issue me duplicate shares and asked me to settle the matter with the said NSE broker, which was strongly objected by me by saying that I have no relation with the said broker/sub-broker in any manner whatsoever but the Company did not paid any heed on my request.

Thereafter in 2000 I approached the Dist. Consumer forum against the Company and from the written statement filed by the Company, I came to know that out of 200 shares, 100 shares has been transferred by the company in favour a third party(a nominee of the said NSE broker.) I strongly taken up the matter before the company through my advocate’s letter for recall and cancellation of the said fraudulent transfer of 100 shares in favour of third party but inspite of my repeated reminders once again the Company did not paid any heed on my request. My above case was dismissed by the Ld Forum on contest on the ground of limitation and Jurisdiction.

Thereafter I have filed a title suit for declaration and mandatory injunction against the company and the said NSE broker. The said suit was contesting by the company but the said NSE broker avoided to appear, hence expartie against them but unfortunately the suit was dismissed in 2005 without having trial on evidence on the ground of Limitation and Jurisdiction by relying upon a judgment of the Hon able Supreme Court under Ref. 1995 Supp. (4) Supreme Court Cases 590 Shripal Jain v/s Torrent Pharmaceuticals Ltd and Others in which it was held that “The proper forum in respect of issuance of duplicate shares on account of loss of original ones is not the Civil Court but the Registrar of Company who should have enquiry under section 84(4) read with the Rules and taken a decision himself… Companies (Issue of Share Certificates) Rules – 1960, (filed by the Company).

Thereafter I challenged the above judgment in appeal court but the same was also dismissed in Jan.2010 as per findings of the lower court and above judgment of Supreme Court.

Thereafter in view of above judgment of Supreme Court, I once again requested the company and their Registrar and share transfer agent to draw up the proceedings for issuance of duplicate shares, but the company once again did not paid any heed on my request nor replied my any communication.

Under the circumstances please advise me what is to be done and which is the right forum and the sections under which I got relief in such type of case. Thanks/P Chatterjee

Anonymous   27 February 2010 at 13:54

DIVORCE

Dear Sir,
my cousin got married 5 yrs ago and soon after her marriage her in-laws started torturing her both mentally & physically, along with harassment for dowry.after a period of 2 years her husband deserted her and has been untraceable since then.subsequently we filed cases of dowry,domestic violence & maintenance against her in-laws.we now want our cousin to get married and as such we seek divorce.
in this circumstances we want to know if we can file a divorce case and get the divorce even when we have already filed other cases ( as said above )?

AMAR RANU   27 February 2010 at 13:41

Whether Section 2(9) of the C.P.C is applicable to Cr.P.C ?

Section 2(9) of the CPC defines a judgment" to mean the statement given by the Judge of the grounds for a decree or order.
(1999 (8) SCC 396), it was inter-alia held as follows:

"There is yet another infirmity in the case which relates to the "judgment" passed by the single Judge and upheld by the Division Bench.

"Judgment" as defined in Section 2(9) of the Code of Civil Procedure means the statement given by the Judge of the grounds for a decree or order. What a judgment should contain is indicated in Order 20 Rule 4(2) which says that a judgment "shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision". It should be a self-contained document from which it should appear as to what were the facts of the case and what was the controversy which was tried to be settled by the Court and in what manner. The process of reasoning by which the Court came to the ultimate conclusion and decreed the suit should be reflected clearly in the judgment."
In the light of the above,I would like to know the opinion of the esteemed experts here as to whether such a similar provision is available in Cr.P.C.also,which may be applicable to orders passed in criminal cases.
If yes,please let us have similar provision in Cr.P.C.Kindly pinpoint where it is available.
If not,kindly throw some light on some case law in support of above said contention.
Amar

deepak   27 February 2010 at 13:30

lodging caveat

civil justice senior. div. court gives order in favor of plaintiff for his share in property. the suit is more than Rs 100000. now in which court plaintiff should lodge a caveat? whether in district court or high court or both. is there any valuation limit to lodge the caveat such as for suit?

Anonymous   27 February 2010 at 13:16

1% subsidy on home loan!!

Dear Sir / Madam,

As per the union budget 1% home loan Subsidy for the property value less than 20L and loan upto 10L to individual. My property value is below 20 L and my loan sanction is 12.6 L. Am i eligible for above scheme?

Thanks & Regards

Amruta   27 February 2010 at 13:16

Section 4

If a JV Company which is a pvt company is formed with 51% holding by a foreign body corporate and 49% by an Indian company, will the said JVC b deemed to b a public ocmpany? Please clarify.

Thanks.

Amruta