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ravisharma   08 September 2015 at 17:35

Ownership

We started a hospital under registered partnership firm a year ago. Last month we made and agreement where i decided to transfer my shares to my partner once i receive an agreed amount. But before giving me the amount my partner has leased out the hospital to third party. Further he has given 50%of the agreed amount while rest 50% cheques has been dishonored.
I have filed an application under rent control act but failed to establish my possession on the hospital.
is there any remedy where i can seek to receive the part of monthly rent by the third party to me or to be submitted in the court till my partner give me the full payment? If so under what act and law should i proceed? Thank you.

Anonymous   08 September 2015 at 15:38

purchase of land

I want to buy a part from my neighbour's land which is touching my house boundary of which the neighbour has already made an unregistered agreement on a 50 rupees non judicial stamp paper via notary public from a party last year,but the validity of that agreement has been expired on June of this year and registry is not done yet and the seller is ready to give that part from the land to me by asking me to give the whole amount at one time payment via agreement and asking to wait for 3 months for registering that piece of land in my name. Is it advisable to do so. and on what terms?

paresh zatakia   08 September 2015 at 15:33

Non payment of vat/tds by our sppler

MR.A BUYS GOODS FROM MR.B,WHO GIVES FULL INVOICE SHOWING VAT LEVIED,MR.A PAYS FOR BILL VALUE FULLY.

LATER MR.A RECEIVES NOTICE FROM VAT DEPARTMENT THAT MR.B HAS NOT PAID VAT,AS SUCH YOU HAVE TO PAY.(THIS IS THE PROVISION IN MAHARASHTRA).MR.B HAS REALLY NOT PAID VAT,BUT SWALLOED THE VAT MONEY.

SIMILAR SITUATION MAY ARISE IN INCOME TAC TDS.

IS THIS NOT A CLEAR CUT CASE OF CHEATING? CAN MR.A. FILE CRIMINAL CASE AGAINST MR.B?

CAN HE ALSO COMPAINT ECONOMIC OFFENCE WING OF POLICE DEPARTMENT?

KIND REGARDS
C.A.PARESH ZATAKIA
9833855518

Gaurav Gujrati   08 September 2015 at 15:09

Winding up petition

Sir,

If the company takes loan from the private bank and that bank is also shareholder of the company and thereafter the company fails to pay their loan amount in spite of various request made by the bank. In that condition can bank file a petition for winding up of the company for recovering their loan amount ????

Thanks & Regards
Gaurav

Anonymous   08 September 2015 at 14:55

agricultural land to non agricultural land conversation

Sir/madam,
Is it required any signature from local peoples while converting agricultural land to non agricultural land ...

As per village accountant signature is mandatory for conversion ,please suggest .thanks in advance

abhishek pathak   08 September 2015 at 14:40

Section-- 279, 337, 338

Respected All
i have an accident in dec 2003 a young boy put a cricket stump in front wheel of my bike,
he got injured n i took him to doctor, i paid for the initial treatment..n i get him to Senior doctor for full treatment.
After a few days he again started asking money which i denied to give.
so he put an FIR against me in..with claim case ....in jan 2004.
i filled claim of rs 14500.
and didnt go to any further hearing even my lawyer went out of city


now i have been contacted by sub inspector saying he has a arrest warrant against me under section 279, 337, 338
he says gov is about to finish the case and u should come to police station directly
we will get the case ended within a day AND lawyer will stretch the case for years and again you will have to attained all hearings,






while people suggested m enot to fo to PO,,,,,, as they can put me in jail for some days



kindly suggest what shud i do

Bhavita   08 September 2015 at 14:39

Export payment default - bill discounting bank - ecgc

Hi,
I had made exports under 90 days Usance LC to a foreign buyer. My export bills ( three in total )were discounted by bank as per my existing limits with them. However on due date, the LC issuing bank refused to honour/ Pay citing that they had negotiated the documents under “URC 522 (collection basis)” for all the three shipment / documents negotiated. Now, on taking up the issue with my banker here, my Indian bank says that they had negotiated and discounted the bill because they had received Acceptance on all three occasions from the LC issuing bank, and are asking me to pay up instead of accepting their fault in MISHANDLING OF DOCUMENTS and demanding the rightful dues from the LC issuer. On asking for the communication of swift exchanges between the two or the email exchanges, my bank here had always denied providing me the documents citing some reason or the other despite several reminders via email, msgs and orally to them for nearly 4 months. Only after sending them a notice under RTI, they provided me the communications between them and the LC issuing bank. To my utter shock, the contentions of the LC issuing bank were found to be true . Every swift communication sent by then to our bank here mentions “MSG UNDER URC 522”. This clearly shows the Blunder committed by my negotiating bank in handling documents and reading the swift communication / ACCEPTANCE messages properly causing ultimate losses to me. Had they noticed it in the first instance itself, we would have been in a position of not accepting their contention and would have been in a position to recall the goods back. Not to mention that further shipments would never have been sent. You will agree that it’s just because of their foolishness if i may call it; they have put me in this situation of heavy loss.
Fortunately for me (I guess), I had taken an SSI individual shipment policy from ECGC against the LC issuing bank and the exports. The claim for which is still pending with ECGC and is under process and review.
Now, they (my bank) have approached the DRT and have filed a case against me and they have issued me a notice under Sarfasai Act asking me to pay up all the bills discounted with huge interest, close the existing OD limit with them and have marked my account NPA. Or else they will seize auction off my property mortgaged with them.
My questions are:
1) Is my negotiating bank’s action justified in ignoring the swifts sent under URC 522 and now claiming upon me?
2) Is there any action I can take against the negotiating bank for its Blunder committed which has caused me heavy loss?
3) Is there any action we can take against the LC issuing bank ?
4) Is the negotiating bank justified in filing claim with DRT even if the fault is on their part?
5) Can the negotiating bank file a case , mark my account NPA and issue me notice even when a claim is still under process/ pending with ECGC ?
(In a smilar query of Sarfasai notice when ECGC claim is still pending on this forum Lawyer Club of India ( some two years back) on an query from one Mr Mehta Harish, Experts – Mr Raj Kumar Makkad and Devjyoti Bhramman had replied that the notice is illegal).
Kindly advice further.

Gunavant patil   08 September 2015 at 14:16

Clarification on admission in kv for mp quota

Hi,

I am working in Defense PSU sector unit i.e. HAL at Ojhar, Nasik .

Presently my address is Ojhar, Nasik due to my service from July 2015. and there is one KV at Ojhar.

my permanent address is at jalgaon Discrict and there is 3 KV in that dist.

i want to take the admission of both for 1st standard for next year (16-17) at Kendriya vidyalaya, Ojhar Nasik.

As per admission procedure of KV 1st standard i.e.
"Each Hon’ble Member of Parliament can refer 06 (six) cases for admission under the scheme in an academic year but such recommendations shall be confined to children whose parents belong to his constituency either by domicile or on account of having been soon-before posted there or else on account of exigencies of service, migrate to his constituency. Such recommendations would be for admissions in Kendriya Vidyalaya(s) located in his constituency only. In case there is no Kendriya Vidyalaya in the constituency of the Hon’ble M.P.(Lok Sabha), he/she may recommend these admissions in the Kendriya Vidyalaya(s) located in any neighboring contiguous constituency "

on the above clause from whom i have to take the recommendation for the admission. ( Nasik MP or Jalgaon MP) ?

Anonymous   08 September 2015 at 14:12

Additional Fees payable at the time of Late Annual Filing

Dear All, kindly opine on the following:
1. I had formed an LLP in 2012, and I had only one business transaction since the inception.
2. I have missed my Annual Filings and now I want to dissolve the LLP.
3. I understand that before that I will be required to comply with the Annual Filings, which is attracting exorbitant penalties, Rs.100 on daily basis.
4. I want to whether there is any provision or procedure for waiver of these penalties, especially as there has been almost no business.
Kindly let me know the steps to get absolved from penalties.

Thanking in Advance....

Gunavant patil   08 September 2015 at 14:11

Clarification on admission procedure in 1 st standard at kendriya vidyalaya

Hi,

I am working in Defense PSU sector unit i.e. HAL at Ojhar, Nasik.
I have twin kids (one daughter & one son)both age is 5 yrs. as on date.
i want to take the admission of both for 1st standard for next year (16-17) at Kendriya vidyalaya, Ojhar Nasik.

As per admission procedure of KV i.e.
"Single girl children in class I and from class VI onwards subject to a maximum of two per section in class I and two per class in class VI and onwards. It includes twin girl children also"

on the above clause shall i get the admission because i have twin kids (one daughter & one son) ?