pankaj kumar gupta
24 September 2014 at 17:48
Sirs, I have a doubt, can a private limited company can transfer a piece of land via sale of shares or transfer of shares mode to a third party without payment of stamp duty, if no, then under what provision it is not possible as it can result huge revenue loss to the exchequer which it collects in form of stamp duty and registration, kindly note that the private limited company's balance sheet also shows few other movable assets including the land and building.
Please advice.
koushik sarkar
24 September 2014 at 17:34
Dear Sir,
Please note the synopsis herewith for your onward necessary action:-
I Koushik Sarkar worked as Project Coordinator in M/s.Kaveri Ultra Polymers P Ltd, Kaveri House, 1st Floor, 132/1, M.G.Road, Kolkata-700007. Phone:033-22695791. Email: sales.cal@kaveri.in, projects.cal@kaveri.in. Website- www.kaveri.in since 20th May 2008.
02.04.13 - I gave resignation Letter to Kaveri - Releasing time by 30.04.13
Reason for Leaving - Getting highly paid salary pkg - PF/HRA + all other benefits - Where in Kaveri they are not paying PF – I intimated several times but they are saying that I am not applicable. Where as anybody join Kaveri under Ultra – they are availing PF
10.04.13 - Salary HOLD (After cross check in my Salary A/c) - Intimate to my superiors Mr.A.k.Ray – Sr.G.M – Project - He informed me that he will discuss with Shri.S.K.Saraogi – Director – so that salary will be remit.
He also insist me to talk with him for the reason behind resignation. - I told him that as my dad health condition was not good and my mental condition is not good so I will talk you later regarding this matter.
NOTE: In the mean time I have started handing over my Job to my colleague (approx 60%)
22.04.13 - I talk with my next boss Mr.A.K.Ray – Sr.G.M – Projects – He informed me to withdraw my resignation and he will try to adjust/match my salary nearer to my offered salary package which I get from new company. And he insist me to not to accept the offered appointment letter. As I am working in this company since 5years hence I accept the proposal of my superiors.
23.04.13 - I have submitted withdraw letter against my resignation letter dt:02.04.13
24.04.13 - I again inform to Shri.A.K.Ray to release the salary as I am facing financial crunches (Holding salary means unable to pay my House rent/Ongoing medical expenses of my dad, My daughter school fees)
09.05.13 - Salary again not remitted to my Account.
NOTE: So March’13+April’13+May’13(upto dated:09.05.13 – Salary DUE)
10.05.13 - I informed to one of my manager that after several intimation Kaveri not releasing my salary – hence without salary I am unable to come daily to office to work. As soon as they will pay the salary I will join duty.
16.05.13 - Letter again sent to release my due salary
18.05.13 - Reminder –I sent a/g my letter Dt:16.05.13
22.05.13 - Reminder-II sent a/g my letter Dt:16.05.13
20.05.13 - I got an offer from a company
23.05.13 - I joined my new company
04.06.13 - Letter sent again to release my salary.
12.06.13 - Letter sent again to release my salary.
11.07.13 - I call to Shri.S.K.Saraogi – Director – to release my salary. I informed him that but holding salary after withdrawing my resignation where it is written to hold my all dues? Then he cut off the Phone.
03.10.2013 - Send Letter to Bangalore A/c. to issue my FORM-16 for the period 2012-2013. But no response i received.
NOTE: I several times inform to Shri.A.K.Ray that if I stay or left I will handed over all the balance job i.e. 40% time to time.
NOTE: Previously many left the company after taking salary but without giving intimation. But I have given my resignation in a proper way. But what I get after agreeing clear cut ward/version of my superiors to withdraw my resignation? Now request you to give your valuable suggestion.
NOTE: My March + April + May(9Days)+ Gratuity + 2012-2013 Bonus + As on date Interest = Approx Rs.1,57,625.00 is Lying DUE
Inform Next course of Action.
regards
Koushik Sarkar
M-9038085003/8961000152
Pranav
24 September 2014 at 17:27
Respected Sirs,
I'm seeking expert advice and in my search I found this website and panel very satisfactory. My Mother and Father are the only two Directors with shares in the PVT Ltd., of which my Father left for heavenly abode recently. My father had already initiated sale of the company due to debts primarily and other issues before his sudden sad demise. Can my Mother (she has our family members positive consent to go ahead) sign the sale deed and other necessary documents towards the sale?
As the company takeover person (buying party) has to make balance payment with us, we would like to be cautioned before signing any further papers for fear of non payment.
My mother being a housewife and us (sons and daughters) have little knowledge on the said topic and seek your help on the above said.
Pl advise.
devendra
24 September 2014 at 16:55
I and my wife have purchased one flat in mumbai as joint owners. The share certificate contain names of both me and my wife. The purchase agreement is in the joint name.
Our Managing comittee elections are due. Can I contest the election and hold the office either as Chairman/Secretary/Treasurer.
lovely bhatiya
24 September 2014 at 15:37
i want to marry with my second cousin.who is my grandfather's brothers son of son. means my fathers brother in relationship.i m Hindu Brahman can u tell me the marriage is legal or not . we can do court marriage or not.or we should move on with different religion for marriage because any how we want it.
ahsuresh
24 September 2014 at 14:52
Sir,
Iam plantiff , I made all complaints to concern departments regarding illegal construction of building on public road my question is that after he receiving notices from departments he will go for court to obtain caveat . How can I stop or any procedure to I will stop him to get caveat
pushkar nehete
24 September 2014 at 14:29
Respected Members,
A,B,C and D are the owner of one land where each person have a equal undivided share in the said land. A,B,C and D are making constructing the 4 storied building for residential purpose in Maharashtra, Now Question raised that, 'A' Want ownership of Unit situated at 1st floor, 'B' Want ownership of Unit situated at 2nd floor,'c' Want ownership of Unit situated at 3rd floorand 'D' Want ownership of Unit situated at 4th floor.
1) whether Declaration under Maharashtra Apartment Ownership Act, 1970 shall be registered by A,B,C and D ?
2) Whether after Declaration, A B C and D have to make partition deed for their UNITS?
3)Whether A,B,C and D have to execute seperate Deed of Apartment in favour of each one for said UNIT/s
4) what stamp duty will be applicable in this case?
or any other way/documentation is there to to confirm their Ownership Rights regarding Said Residential Units situated at 1st to 4th floors?
Regards Pushkar Nehete
sharon
24 September 2014 at 14:24
a case relating a property is filed in the bombay high court and we are not adequaltely represented by our lawyer. can i fight the case on my own.
also tell me what is the procedure to do so and what is the meaning of notice of motion, as the case shows the stage as notice of motion hearing.
pssthya
24 September 2014 at 14:21
Is use of force on person to
prevent entering
the place of residence which is a rented place
a criminal case
or
civil case.
police not registering the case
FOR this place.
1)I have electricity connection
and water connection on my name
2)I have original bills which i have
been paying and
3)New connection reciepts on my name of both the electricity and water connections
Please suggest what legal procedure to follow in such case.
thanks.
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Guidance related clause / acts and adevise for legal approch
I am from Burdhman District of West Bengal.
My complaint is against my employer who is having their Cement Grinding Industry in Burdhman district of West Bengal, for not allowing me to enter in to plant premises during officially allowed Notice period after Resignation from the company, for the intension of Insulting me and creating mental harassment.
I have given my resignation vide letter dated 30/Aug/2014 to the company from the post of Manager, on the ground of personal reasons. Infect I had been several times Insulted and harassed mentally by the management and huge delay for the non-payment of monthly salary for almost 3 month (June, July & August, up to 30th Aug 2014).
On the same day of resignation I was communicated by company HRD Manager through email, to serve One month notice period as per terms & conditions of my Appointment Letter, till 30/09/2014. Accordingly I have replied against management communication requesting my full & final payment/ dues clearance by 30th September 2014, i.e. against working days till date of full & final payment. During my notice period working I have received a mail from company HRD manager to avail 18 days balance Leave against additional working days on weekly Off & Holidays from 05/09/14 to 22/09/2014. Accordingly I have taken leave and resumed my balance days of notice period on 23rd Sept’2014, after proper official information to the management.
As per clause of Appointment Letter a Car without Driver was given to me for my Official duty. Same Car was taken back by the Management after 2-3 days of my Resignation and no other transport arrangement was made for me to attend my duty well in time, to make me harassed and Insulted. After availing 18 days balance leaves as per management instruction, again Management is not providing me any Transport to reach plant since last 2 days, no response is being given even after frequent call & message to Chairman, Managing Director & HRD Manager. Management is neither allowing me to enter in to the plant premises to complete balance notice period and nor clearing/ paying my full and final payment. My monthly Salary is due since last 4 months.
I really don’t know what I shall do in this situation. Clause of One month notice period is already mentioned in my Appointment Letter. Even though Management accepted my one month notice period officially through mail, they are not allowing me to enter in to plant premises and not taking my calls to speak and clear for their decision. I am pretty sure; management is not going to pay my balance Salary & dues of last 4 months on completion of Notice period, i.e. on 30th Sept’2014, as they are doing intentionally with other employees who have left them in last 3-4 months.
The second fact is that since several years there is no system in this company to disburse monthly salary well in time, PF deduction from senior staff, submission of income tax and professional tax to tax department from employee’s salary at all. No policy & record of standard Rule & Regulations, Standing Orders are available with the Employer pertaining to Designation, Appointment letter, HR Policy, Government taxes & duties payment.
No Records & register are being maintained for the Attendance, Leave record, Payment of staff, no PF is deducted for company staff and many more illegal acts of government tax, for purchase of raw material and sale of product, especially for nonpayment of Sales Tax & Excise duty etc clearly reveals their complete offense & Negligence on official obligations.
During last couple of years many employees have left company because of misbehave, using Abusing word & mental harassment by top management of Company and non-payment of salary in time.
Kindly please Guide me “What should I do, to approach/ Complaint to government official /authority, especially in West Bengal Estate/ Region, as my employer is not respecting/ following given clause/ condition of Appointment letter and not allowing me to enter in the plant premises during my official Notice period duration, for which Management have clearly issued a confirmation letter through Email.
I also wish to know all legal Acts their code nos for my above mentioned problem, in order to communicate my employer in writing mentioning all rules, regulations & acts of West Bengal Government, to threaten them to stop aforesaid acts.
Kindly also favor by guiding me, to which Office/ Authorities/ Forum of West Bengal should be contacted, if my Employer will not pay my full & final Salary & dues, after resignation & completion of Notice period, as I am not financial strong enough to pay for Legal advice from Advocate/ lawyer.
I will be grateful, If any divine soul/ official/ executive may help, guide & favor me for perfect & legal wayout to solve my aforesaid problem, I will be highly obliged for the same.
Thanks in anticipation