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Anonymous   24 August 2016 at 14:49

Selling the litigated property

we have got the judgement to our side in the local taluk court.. the opposite party has appealed for the high court last year . still we have not get any notices from high court.. can we sell this property under this situation ..

CA Shraddha Vora   24 August 2016 at 14:23

Rotation of auditor

Suppose there is Private Limited Company ‘XYZ Pvt. Ltd.’ to which ‘Rotation of Auditors’ is applicable.
Facts are as follows:
(a) ‘M/s. RS and Associates’ was serving as Auditors of the Company till the FY 2013-14.
(b) Then the Company appointed ‘M/s. PQ and Associates’ as auditors on 30/09/2014 for FY 2014-15
(c) Then ‘M/s. PQ and Associates’ resigned as auditors on 29/09/2014 and ‘M/s. RS and Associates’ were appointed as new Auditors.
(d) Now, ‘M/s. RS and Associates’ wants to resign resulting into creation of Casual Vacancy.
(e) The Company proposes to appoint ‘M/s. PQ and Associates’ as Auditors to fill the Casual Vacancy (which has already served the Company for a period of 1 year)

The issue is, can M/s. PQ and Associates be appointed to fill the Casual Vacancy u/s 139(8) and is the Clause (a) of Explanation II to the Rule 6(3) Companies (Audit and Auditors) Rules, 2014 applicable to M/s. PQ and Associates.

PERVIN   24 August 2016 at 13:59

List of docs. to be submitted by legal heir for membership in chs after demise of owner

My mother is the 1st Owner of a flat in Maharashtra. 2ND Joint owner was her son-Deceased. His wife also deceased. But her grandson (heir) is alive. She has made a Registered will and nomination as well that her daughter will be sole heir to her share of this property after her demise and will take full charge of her property after her demise. Now she is dead. Pl. can you mail me the step by step formalities as Legal heir of 1st Owner how to proceed with CHS. formats of applications, letters and forms/indemnity bonds etc. the Legal heir has to prepare and submit to CHS to take charge of the property in such CHS with time limits. Her obituary given in one newspaper is available.When (after how many days after demise of owner) should legal heir put up her claim for the membership of property in CHS after demise of Main 1st holder. Pl. guide me a.s.a.p. please and mail me your detailed reply soon.

Thanks.

Kvijay12345   24 August 2016 at 13:07

Wrong notice under sarfaesi act

If the loan agreement is forged by the bank and the FIR for forgery cheating etc.against the bank is registered ; in the absence of valid loan agreement, if still the notice under SARFAESI ACT is sent by the bank, What is the penalty payable by the bank for sending the wrongful notice under SARFAESI ACT? To whom this penalty is payable by the bank? If in the absence of the valid loan agreement, the bank still files the case in DRT, is this case maintainable?

Saloi   24 August 2016 at 12:40

Regarding acknowledgement of my resignation.

Dear Sir/Ma'am,

I have resigned from my present employer as on 1st Aug 2016 on Mail, Its a Public Limited Company having corporate office in Mumbai . As per my Appointment Letter or Offer Letter,I have to Serve a notice period of 90 days from my resignation date. I am working in this company since 14th July 2014 and after one year of probation period last year i got confirmed my service and transferred to Gurgaon Branch Office. Now I am serving my notice period. I mentioned in my resignation mail to my manager that i will be serving my full notice period of 90 days and request to release after that and marked a copy to HR Dept and HR Head.

But my questions are-
1) My Manager has not given any acknowledgement mail to me about the acceptance of my resignation. Please advise me whether there will be any problem or not at the time of my relieving. By chance if they create any problem how to tackle?

2) What are the documents i will be required to collect at the time of relieving or joining in my new company?

Thanks and Regards,
Gautam

rathod murtza   24 August 2016 at 12:37

how to find ciatation

How to find citation of case when it given only party name and court case number.
Like madhuri devis v/s state of U.P which decided by Allahbad high court,lucknow on 21/08/2015 which case number is Misc.Bench No.7590/2015.Which available on indiankanoon but citation is not given
so how to find citation in this case,any webdite ot technique of it

Deepak   24 August 2016 at 08:44

Procedure

My grand father-purchased a lease hold property (House) in 1968 at new Delhi. He died in 1988 without leaving any will. My grandfather- left behind two sons & two daughters. In 1996 my father and his brother applied for mutation and conversion of property into freehold after obtaining NOC from their sisters and mother. Land & Development office converted the property into freehold and conversion deed was duly registered in their joint names. Now the property stand registered in the joint names of my father and his brother.In 2000 my father and his brother partition that property and got registered partition deed at registrar.

My query :-
Can file partition suit on my father.

S. Fernandes   24 August 2016 at 08:12

Reply to application under rule 58 of order 21.

Dear Sir,

I have in execution proceeding attached property of the Judgment Debtor's (JDs) to satisfy the Decree.

A Third Party has intervened, under R-58 of O-21, claiming that they have purchased the property and therefore the attached property is no longer the property of the JDs.

I am the Decree Holder (DH) and I am representing myself in these execution proceedings.

After filing my reply to the said application, I had realised that the reply wasn't well drafted, and therefore I applied to the Court to withdraw the first reply and file a fresh reply, which the Court allowed.

However I now have further pleadings to add. How can I do this ?

1. By an Additional statement?
2. By Draft amendment to the reply?
3. Any other method?

Your advise will be greatly appreciated.

With Thanks & regards,

Anonymous   24 August 2016 at 01:12

False threat / accusation of not paying back borrowed money

Greetings

I need urgent help regarding a false accusation and threat from a girl. In 2013 I borrowed 30000 rupees from a friend in p parts to pay for my bills while I was jobless. She always transferred the amount through bank transfer. I returned back to her entire amount in instalments and usually in cash as she asked for. Due to some misleading and inappropriate behavior I stopped speaking to her few months back and now she has started sending me mails that I owe her money and she will come to my house with account transfer details and my messages. She also sent this mail to my close female friends on Facebook.
I did not reply to her as I doubt in which way she will manipulate my conversation with her.
Please suggest me what can I do? I am more scared as she is a girl and might have a leverage. Also i do not mind paying her again as she helped me at a time of need but how can I ensure that she will not do this again? I need legal guidance.

Sincere thanks in advance

pavan kumar   24 August 2016 at 01:10

How to file a threat petetion

Plz advice me how file pvt complaint in ipc b4 megistrate above subject.
Threat in telugu pranahani, life threat in future thankxs