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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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GYAN RANJAN   29 January 2015 at 15:37

Query under companies act, 2013

Case details:-
Company has Share application money (pending allotment) for years ending 31.03.2012, 31.03.2013 and 31.03.2014.
Now Company has received a Show cause notice from ROC dt-23/12/2014 stating that there is a violation under section 205C of Companies Act. Because company has neither filed a form 5INV nor has done any treatment for the same in the previous years.
Acc to me now that the money is in the balance sheet for so long, it must be considered under the definition of Deposits.
Query:-
• Can I allot the shares?
• If yes, What is going to be the procedure?
• If no, what is the possible outcome?
• If it is a case related to Deposits, what is going to be the procedure for Refunding?
• Which form is required to be filed with MCA?
• What will be the rate of interest?
• How much Fine penalty will be attracted under Companies Act, 2013 for the same?

K Rajagopal   29 January 2015 at 14:41

Criminal tresspass

One of my flat owner has, without the consent of other flat owners, leased out the terrace portion of the building to an internet service provider for some monetary gains. We have issued legal notice for the same citing criminal tresspass. In the circumstances, I propose to sell the flat. Should I need to disclose the criminal tresspass in the common space to prospective buyer.

Rahul Lahiri   29 January 2015 at 13:22

Sec 482 crpc

Dear Experts,

The matter is relating some FIR being lodged by some miscreants in Allahabad against the Trustees of a Trust which has got immovable properties in Allahabad. Against this the Trust filed a Criminal Misc Writ and got a stay order from Hon'ble HC Allahabad - No arrest till the submission of charge sheet by police under Sect.173(2) CrPC. it also suggested that the FIR was defective and is registered basing on false information.
In such case, what is the possibilities of Section 482 of criminal Procedure Code- inherent power of High Court to quash FIR. Can the Trust file the same and get a suitable order?

Rahul Lahiri   29 January 2015 at 13:14

Appointment of id as per companies act 2013

Dear Experts,

kindly apprise me the time limit for an unlisted public company to appoint its Independent Director pursuant to the requirement as per S.149 of the Companies Act 2013.

Is it 31.03.2015 i.e 1 year from 01.04.2014??

Regards

VISHAL PARMAR   29 January 2015 at 13:00

Legal heir

Dear Sir,

My father expired and my grandfather is alive. So, are we eligible as legal heir to my grandfather automatically or my grandfather has to accept it through legal formalities?

nchf   29 January 2015 at 12:36

Withdraw from witnesses of will

I signed as one of the witnesses without going through the contents of the Will of my neighbour which he said is for giving his property to his son. But actually that Will was of his father. Now, he has filed a Probate Petition on the basis of that Will of his fater. I want to withdraw from that witness. What is the procedure that I should follow as the other wintess is expired. What action I can take against my neighbour on the above fraud?

Srinivas   29 January 2015 at 12:31

Women torcher by his husband

Dear sir please give advice for the below case my sister is 6yrs old married her husband is torchering her begining of marriage daily his is beating her in a very rude manner and she is enough her patience till now she beared all this obstacles because of their children finally her husband wants to leave her so how can we proceed further for her and her children future in what way they get compensate please tell us

Pankaj Sharma   29 January 2015 at 12:24

Delay in payment of gratuity

I resigned from MTNL after putting in service of 9.5 years, two years back. At the time of resignation, it was told to me that gratuity is paid to those employees only who complete 10 years of service, hence, I did not fill any form also for the same.

However, now I come to know that gratuity is paid after completing 5 years of service. I am claiming loss of interest also for delayed payment by 2 years.

But, MTNL is answering that I have not submitted the claim form, hence, it was my fault. Whether, their contention is correct or they are under obligation to process gratuity on their own and pass it to the employee. Kindly guide.

manishsinghbisht   29 January 2015 at 12:06

Inclusion of name in sale deed!

Sir,

While registering a gift deed, name of a donor (out of 2) was not mentioned. What is the procedure for the inclusion of the name in the original deed?

What is the name of that deed?

Gurvinder Pal Singh   29 January 2015 at 12:03

Correction of minor name

Hi Sir,

I had named my baby boy in the birth certificate in Chandigarh.
But there is spelling mistake in the name. We want to change it but department is denying to changing the name of my minor son.
Even I have made the affidavit but they said we can't change due to the ACT.

Please suggest me how can I change the name. Please tell me about the procedure and legal documents used and also their wordings.

Thanking you