Anonymous
22 February 2010 at 12:42
Hello friends,
A Company have two units and if the Company wants to change the name of its unit than passing of Board resolution is sufficient or any form is also to be filed with ROC.
Anonymous
22 February 2010 at 12:19
Mr. X is a property dealer with many investments around the country. Mr. Y is an Indian businessman based abroad but interested in making an investment in India. Mr. X proposes a hotel investment to Mr. Y. Mr. Y is interested and makes multiple cheque payments addressed in the name of Mr. X to be invested towards the hotel project. After a few months X and Y register a partnership firm for the project, and Y pays some more cheques in the name of the partnership towards funds for the project.
In the meantime Mr. X is making another investment and asks Y if he would be interested in the project. Since Y was leaving India the next day, he pays a cheque for investment towards this other project to X. He tells X that there is no money in the account and he will advise X on when to present the cheque. Later in the evening, Y decides not to be part of the new project since it is not part of their partneship. Y calls X informing him, and asking him to destroy the cheque. X assures Y that the cheque is destroyed.
X and Y continue their relationship on their partnership project and Y pays another cheque to X. When X asks for more funds, Y arranges an investor to the project. The investor asks to see the project papers and books of the partnership before making the investment. At this point X refuses to show any documents. Therefore the investor that Y brought does not commit any money. This upsets Y who feels X is not investing the money in the project correctly. He also refuses to contribute any further money to the project.
About 4-5 later, without informing Y, X submits the cheque that he should have destroyed. The cheque bounces due to lack of funds. X then files a case against Y under NI section 138 and thier is a summon recived from court.
How should Y approach this case? He is still a director in the partnership firm with X but thier relations have now soured.
Anonymous
22 February 2010 at 11:34
Dear Mr. RR Krishna, Mr B K R Rao and Mr. K Thadhani kindly refer my quary regarding corporate law posted on 12.02.2010. Many many thanks for your kind suggestion. Trust to get support in future also.Mr. Thadhani as you advised to get involved with reputed corporate law firm in this concern would like tell you that i have tried a lot but the firm which have agreed to retain me have provided very negligible ctc as compared to the present. But i shall try a lot so long i get a better because i want better exposure. Can you refer any good reputed solicitor firm of Kolkata. Please, if you have.
Regards,
ashwin sharma
22 February 2010 at 11:02
Respected sir,
i want to buy a duplex in bharuch. i have to buy it from the builder. but the issue is that the plot on which the construction is started is not a cleared one. according to builder this plot is under plan revision, so it will be cleared very soon.
when i booked that i paid some small amount to builder. he told me the plot will be cleared and then i will give him the remaining amount other than loan and then we will go for legal documentation.
but after passing 7 months the plot is not cleared, but builder started construction and it completes it upto c level of second floor. now he told me let the court matter continue, i transfer plot on your name and give me remaining amount other than loan. when plot cleared you will apply for loan and i will collect my remaining amount from bank.
so i am very confused about how to deal this issue. because if i transfer plot on my names and plan revision not sanctioned the plot then what happen?
so please guide me to deal this issue. because i never bought plot or land before. so i don't have any idea about what to do.
please guide, i will be very thankful to you.
Anonymous
22 February 2010 at 10:28
Dear Sirs/Madam,
In many agreements one may find the clause which is similar to ‘the doctrine of severability’
[i.e. if any clause in the document determined to be invalid or unenforceable the remaining provisions of the agreement shall not be affected thereby and shall be binding upon the parties and shall e enforceable as through said invalid or unenforceable clause were not contained in the agreement.]
If one can draft a document containing clause as mentioned herein above… can one also incorporate ‘the doctrine of eclipse’ in agreement????
Is there any precedent, ruling of courts etc????
[Agreements = License & Assignment of Copyrights, MOU etc...]
Thanks.
Anonymous
22 February 2010 at 10:09
Had approached HC for quashing of Chargesheet in 498a case against A1 to A9. HC has quashed chargesheet partly against A3 to A9 only. Aggrieved by the judgement of single judge of HC what can be done now? can I move division bench of HC to obtain quash of chargesheet against A1 and A2? or can I move SC only for seeking quash of chargesheet against A1 and A2.
Anonymous
22 February 2010 at 08:38
Hi
The appeal limit to approach upper court is 30 days from the date of judgment. What if the holidays like summer vacation (whole May month) falls in this 30 days limit period? Or this vacation is excluded from the appeal period?
For ex if the judgment date is 25th Apr after this entire May month vacation comes then what will be the start and end date of appeal limit?
Anonymous
22 February 2010 at 00:34
HELLO
my sister filled dowry case against her husband & they got arrested now if they come for out of court settlement with lum-sum amount of money then what will be the procedure?
what is the procedure of DV?
plz suggest
Anonymous
21 February 2010 at 23:52
hello,
as my sister filled 498 case against his husband for physical & mental haressment.
i want to know that can we get the mobile conversation voice-record from the mobile operator so that we can show it as evidence
if yes then how to get he records?
plz suggest
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GIFT DEED
I HAVE TAKEN LOAN FROM MY NRI BROTHER.
IT IS DECLARED IN TAX RETURN TWO YEARS BACK.
CAN IT BE CONVERTED IN TO GIFT?
WHAT IS THE PROCEEDURE & WHAT DOCUMENT ARE REQUIRED?