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Anand Thakkar   19 February 2015 at 17:44

Absconding

HELLO EVERYBODY AND GOOD AFTERNOON,,

I am practicing as an advocate at Gujarat High Court since last two years. In a Regular bail matter i need some help on some serious topics. As per prosecution case My client was the Managing director of a limited company and company was failed to deposit the amount of PF, ESIC, TDS and PROFESSIONAL TAX which it deducted from the salary of the employees and registered an fir u/s 409,418,201,114 on 04/09/2013.
Actually as the company was facing some critical financial problems it has come to collapsed and my client has left the country due to fear of personal assault before the 70 days ago of lodgement of compalint. and then after he was caught from the liberian country after approxx 1 year of incident. Now, my question is that as he left the country there was no complaint against him and company. Then is he called "ABSCONDER" ? and alleged by prosecution that a managing director is an agent for company so he can be punished u/s 409 of IPC. So, kindly guide me on particular questions requested below.?
(1) Is my client called absconder ? and if yes then kindly provide judgments of regular bail though person is absconder.
(2) Is a managing director of company is agent of company ?
(3) Is a managing director is personally liable for the dues of company?

Kindly provide judgments if available.



Thanks.

Prashant   19 February 2015 at 17:23

I want to learn drafting religiously

How must I proceed and what books must I refer to ?
Any other advice from experience are welcome.

rashisharma   19 February 2015 at 16:53

Employee fraud-what to do?

Dear Professional Members

One of my friend was working with an MNC as International Sales Manager. He worked with that company for 2.5 years. He resigned one month back.

But the Company's Director didn’t want to let him go as the company will suffer business loss due to his resignation. After many ifs’ & buts’ he finally resigned and his resignation was accepted by the Director and clear off full & final dues from the Company.

Now the Company's Director want to investigate the reimbursement of expenses taken by him during his employment period. Although it's a part of his salary package.

Director start checking out each & every Travelling Bills, Conveyance Bills, Hotels Bills, Telephone Bills, Food Bills, Medical Bills, etc claimed by him as reimbursement from the company. If any fake bill was submitted & found during that investigation, the director will sue him for Fraud.

As discussed with him (My Friend), he told me that during his employment period he submitted all bills correctly (original copy) EXCEPT Medical Bills (For medicines).

He submitted fake Medical Bills including a fake VAT number on it total of Rs.8000 (Approx) during the period of his employment and usually other employees were also doing the same practice in the company.

NOW MY QUESTION IS :

WHAT ARE THE LEGAL ACTIONS CAN BE TAKEN BY THE DIRECTOR AGAINST HIM?

WHAT PENALTIES & PROSECUTION HE CAN FACE UNDER LAW?

HOW CAN HE SAVE HIMSELF FROM THIS?

Advocate M J   19 February 2015 at 16:15

Sarfaesi act

Honorable learned members,

My client has filed a case with DRT under sarfaesi act under 13(2), which went on for a period of 1 year after which the DRT has issued orders against my client to pay Rs. 5 lakhs giving a period of 3 months.
Can my client approach the High Court challenging the DRT orders as my client has filed a PCR complaint against the same case in the magistrate court so my client wants to file a Writ petition in the High Court challenging the DRT orders requesting the High Court to give a stay for the DRT orders till the PCR case filed in the magistrate court is decided, the PCR case is filed against the same financial institution in the Magistrate court.

AJAY KUMAR DAS   19 February 2015 at 16:14

Section 15 cpc

DEAR SIR, WHETHER GRANDSON HAS RIGHTS OVER DECEASED GRANDMOTHERS SELF-ACQUIRED PROPERTY , CAN GRANDSON BRINGS SUIT FOR PARTITION OVER THIS PROPERTYS.ANY CITATION PLEASE HELP ME?

Gitesh Kumar Shyamkuwar   19 February 2015 at 15:51

Dismental nagar nigam borewel (handpump)

Some year ago in my absence nagar nigan diged a handpump on my housing plot.To day i construced house above said plot.but in presence of handpump some distrubance raised in construction. Several application gave to the mc for dismental said handpump.but no action has been taken by the MC till date.In such condition what can I do sir?

devang   19 February 2015 at 15:40

Change in birth certificate

Hi,

My Birth Certificate was issued by Municipal Corporation Of Greater Bombay in 1977 and it shows parents name as "Dakshaben" and "Tarunkumar" but now I want to change it to "Dasksha" and "Tarun" for some reason.
I also want to update address mentioned in my Birth Certificate.
Kindly guide me on how to get the changes done.

Thanks and regards,
Devang

Mercy   19 February 2015 at 15:37

Initial issue in passport issuing

Sirs,

We are trying to get passport for my 10 year old son. Passport authorities have rejected for the following reasons.

His Details as per his birth certificate
His Name: D. Robin Joseph
His Father's Name: G.A.J.David

My Husband Passport Details:
His Father Name: George
His Name: Andrew Joseph David

From his school days, my husband used the name G.A.J. David instead of G. Andrew Joseph David. All his ID cards (Voter, Pan, Driving etc..) has this name only (G.A.J. David)

Now, the passport officials are saying that either we have to change my husband name or my son't initial as A.J.D to obtain the passport. Strangely the same day we applied for our 2and half year old daughter and her application is accepted and we even received the passport through speed post now.

Please advise. What can be done to resolve this?

Can I book an appointment again and ask the passport officials saying that we wanted our son's initial as just D and not the A.J.D and thus followed the same and refer our daughter's passport also to get it clarrified?

Really puzzled and look forward to hear expert's opinion.

Thanks in Advance.
Mercy

vineetkumar   19 February 2015 at 15:12

Threatening to extend my probation period on account of EOL

Hi,

I joined as an LDC in the central govt office and completed my 2 years of service last October during which I took 15 EOL as I was preparing for graduate level exam for assistant grade, now my office is threatening to extend my probation period on account of the number of leaves that I took. Can they go ahead and do so and if yes then for how many days can they extend my probation period. Pls suggest.

Pradyot   19 February 2015 at 14:48

Order obtained by perjury from consumer court till supreme court

If Respondant obtained order by filling false affidavit in evidence and obtained order from consumer court & even from supreme court and subsequently it is noticed that affidavit is false&he has commited perjury which can be proved with documentary evidances.
Whether to file petition u/s151 of cpc to national commission to sqash the lawer court order -OR
To file WRIT under article 226/227 to High Court to sqash the lower court order which was upheld by national commission