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Legal Eagle   02 April 2009 at 17:17

Bombay Public Trust Act

Hi everyone. I am having five to six trust in Bombay duly registered before the Charity Commissioner's office. The object clause of all the Trust deed is the same. Now because of the increase in work, I want to amalgamate all the Trust on the ground that all the Trust deed have a clause that the Trust can donate its corpus or part of it or amalgamate with any other trust having similar objects. Please note that the recital of the deed says that it is an irrevocable trust. I am desperate in amalgamating, as it will be easier for me to handle.

My query, Can I amalgamate, if so then under which section of the Bombay Public Trust Act? Do I have to take prior written permission of the Charity Commissioner or have to inform him about the amalgamation. With this irrevocable clause in it can I still amalgamate, taking permission. Please also let me know the procedure step wise if I can amalgamate?

Awaiting for an early reply,thank you.

neelam desai   02 April 2009 at 16:48

Stamp duty

Does a Company (Transferee Co) require to pay stamp Duty on transfer of shares/ Debentures by the Transferor Co upon Demerger (Scheme of Arrangement) ?

Request your views

Regards

Rajesh Semwal   02 April 2009 at 14:05

abusing some one

Respected Members,

PLease tell me about the above term and Section apply on it.

M. PIRAVI PERUMAL   02 April 2009 at 11:59

Need help for drafting an agreement

A & CO. IS MANUFACTURER OF 25 DRUGS/PRODUCTS.

B & CO. WANTS TO PURCHASE 25 DRUGS/PRODUCTS FOR MANUFACTURING AND MARKETING THROUGHOUT INDIA.

I HAVE TO NOW DRAFT AN AGREEMENT ON BEHALF OF B & CO.

LEARNED EXPERTS PLEASE ADVISE ME THE VITAL CLAUSES WHICH I HAVE TO INCORPORATE IN THE AGREEMENT.

lakshmi   02 April 2009 at 11:27

filing of Pursis - 138 NI

What is the meaning of filing a pursis?

The present context relates to a 138 complaint wherein evidence of the complainant has already been recorded but the representative has left the orgn. The court is insisting that not to declare the repr. as hostile witness instead file pursis in the Court i.e. give off evidence.

Hence, clarification is required whether filing of pursis is a correct thing to carry out or not.

Chetan   02 April 2009 at 09:39

Sub-Sec. (2) of Sec. 231

sub -Sec. (2) of Sec. 231. provides that the cross of a witness is deferred with permission of judge till the cros examination of another witness.

Res Member, In my case (138 NI Act) I want to take the cross - examination of another witness by deferring the cross of complainant till the cross of another witness.

whether I can take the benefit of Sec. 231. if any citation pls. provide

Chetan   02 April 2009 at 09:21

Gift Deed of Self Aquic

Facts :- The widow lady living her parents house after the death of her husband with her female chile (4yrs). She demanded a share (Orally)to her father-in-law but they refused.

Now the father-in-laws ready to execute the figt deed about the field property whhich is his self-acquired, and ready to pay Rs. 2 Lakh cash and also ready to pay the premium of policies of his grandchild.

Under such circumstances what documets to be executed in between the lady and her fathe-in-law pls. quote along with draft.
thanking u

n.k.sarin   01 April 2009 at 22:48

cancellation of oral licence

Hi friends,
A widow have five sons and a doughter. Some how she got in her possession a piece of land, at that time all his sons and doughter were minor.Doing hard work she earned money and constructed a house.At present all sons and doughter are married and adults and are living together.every one have a room in his possession.Now dispute is created.
Third son says I am the owener of the house. This house was builtup with my physical labour and money.In fact when house was under construction he was only 12 years old.No one has any document and title deed in their possession.
The old widow has sent a legal notice to her said son terminating his licence showing herself owener of the house.
My query is:
1. What is the status of the son in the said house?
2. Is he(third son) a licencee or not?
3. What is the remedy for old lady to confirm her title?
4. If she file a suit for his ejectment what court fees she has to pay?

R.K.MURARKA   01 April 2009 at 20:51

ARBITRATION AND RECONCILIATION ACT 1996

I WANTED TO KNOW IF I WANT TO FILE A EXECUTION PETITION IN SENIOR DIVISION COURT THEN CAN I FILE THE SAME IF YES ACCORDING TO WHICH SECTION CAN I FILE THE EXECUTION PETITION IN SD COURT GUJARAT THIS HAS BEEN A DECREE AS AWARD WAS NOT CHALLENGED BY TH OPPOSITE PARTY AND THEY HAVE KNOWLEDGE ABOUT THE SAME FOR MORE THEN 6 MONTHS HENCE IT HAS BECOME DECREE.
AS IT IS ALREADY FILED IN SD COURT AND NOW THE OPPOSITE PARTY SAYS THE SAME PETITION IS NOT MAINTAINABLE BY SD COURT GUJARAT AS THE PRINCIPLE JUDGE CAN ONLY ENTERTAIN SUCH PETITIONS I.E. DISTRICT JUDGE AND NOT SENIOR DIVISION JUDGE HAS POWERS TO LISTEN TO THIS MATTER OF EXECUTION AS PER ARBITRATION ADN RECONCILIATION ACT.

AWAIT YOUR REPLY TO THE QUERY.

sanjeev murthy desai   01 April 2009 at 17:32

sports club


Dear All,
Employees of a company want to start a society in the form of a sports club.In this regard i need the following clarifications:

1. What is procedure to start such a society?
2. What is the forms that is required for the same purpose and where can one get the same from?
3. What is the prescribed fees for the same?
4. And any other information that would be useful in this regard?

Also, please also clarify if a foreigner national can be part of such a society or is there any bar for such an foreigner being a part of a society to be registered in India?

Thanks in advance

With regards,
sanjeev desai,
Advocate, Bangalore
+91 9886037926