Gaurav Saini
02 September 2014 at 20:25
It is well understood that a Pvt. Ltd. Company is a separate Legal Entity and can hold property in its own name.
Now, if a Private Ltd. Co. is holding property in its name, Can a Director (who owns 1/4 share capital) sell a part of the property of the company?
In this case, one Director of Co. has sold 1/4 land belonging to the Co. to an individual buyer. Is this legal?
Can you suggest any provisions of Company Law or any Judgments/ Citations for reference?
santhosh.g.
02 September 2014 at 20:24
effect of lower court decisions passed based on high court rulings before it is overruled by the supreme court?
eg:- madras high court in the year given ruling that accused can adduce evidence by filing affidavit U/s 145(1) N.I.act. In the year 2010 supreme court overruled it and decided that under N.i.act accused is not entitled to adduce evidence through affidavit.My question is that within that time in lot of cases accused adduced evidence by affidavit. what is the fate of that cases?
shabana
02 September 2014 at 17:58
i am mother in law of 498 bahu,who has implicated me in false 498 case.I am on bail since 2011,and my case has not started.My son is out of the country since 2010,he has not been here since the police case,DV and 498.Their marriage was a love marriage ,and she has never lived with me in India,but I have been implicated .I am a widow, senior citizen ,with no family or support .My lawyer tells me that since my son has not been investigated,the case cannot start,the chargesheet is incomplete.On the last date ,the judge(new ) was asking why case is delayed,and if I knew his whereabouts.PLS Advise if there is any way to get out of this mess.I was advised against SQUASH becz my son has not been here.
sonal
02 September 2014 at 17:57
Dear guests,
i want to give my first floor to rent. Now talk is complete with one party and he is sayig that we will prepare lease deed fr 11 months. I said y lease deed, we can make simple rent agreement also.
He says lease deed i want because it is safer for both of us as it is made on 100 rupee stamp paper and it shows commercial transaction between owner and tenant.
Experts pls guide, is he saying right?
can i being a owner do this, any risk involved?
can rent agreement be made on stamp paper or only lease deed is made on stamp paper/.
Surrender K Singal
02 September 2014 at 16:10
A State Power Utility having placed a purchase Order on Micro Industrial Unit requiring 10% security deposit before establishing Letter of Credit for payment of ordered goods to be supplied. But, showing urgency, it procured almost 50% of the ordered material without opening LC on assurances of arranging LC and in the meantime, it cancelled the Order alleging delay in supply even though the basic leg of the contract being mode of payment remained neglected. Apparently, Power Corporation did not need balance material for which the MSE unit had already invested in inventory and to add fuel to fire, Corporation forfeited Security Deposit and other unpaid dues for material supplied in good faith. Writ Petition against arbitrary cancellation and forfeiture of Security Deposit remains to be considered even after notice to Respondent which has filed preliminary objection about Court's jurisdiction vis-a-vis Arbitration clause that was available in Tender but omitted in Purchase Order. Any advisory help in support of WRIT jurisdiction, please ?
Tashi Norbu Basi
02 September 2014 at 16:00
Can a company say ABC Pvt. Ltd. set up a Charitable Trust in its own name say ABC Charitable Trust.
Advocate Jagadish T G
02 September 2014 at 15:19
Dear Lawyers Club India Friends,
My father was working through the Security Agency for One company as Security Gaurd.
In the month of Mar'14 he worked for 31 days & after 3 days in Apr'14
Then he went to village due to death of my father's monther (My Grand Mother) on 2nd June'14
And he came back and went for work on 08/07/2014,
On 10/07/2014, 9:30AM (Approx) my father was fall down from 1st floor in the company premises on duty unfortunately.
at that time some people saw my father & take him with the ambulance & admitted to Batist Hospital, Bangalore at 10:15AM (Approx), after that doctors isisted to take may father to NIMHANS hospital. After that field officer of that Security agency
bring my father to ESIC hospital, Rarajinagar, Bangalore because my father having ESI Card, ESI hospital refused to admit my father due to invalid ESI Card & after that Field officer took my father to NIMHANS at 2:20 PM, After CT Scan at 3:00 PM in NIMHANS, my father was dead at 3:30 PM (Approx).
Next day I went for getting FIR from Judicial Police station at 9:30 AM (Approx), but no proper response from Police officer, They scold me a lot with very very abusive words infornt of people finally they given 1 & half page FIR at 1:30 with wrong death day i.e. 11/07/2014 (Actual death day is 10/07/2014)
Now, my question is how much I can get the compensation from Security Agency as my financial position is very bad due to death of my father.
I am eagerly waiting for your response in this regard.
Thank you.
Naim Bux
02 September 2014 at 14:48
I worked as DGM-service since Jan'2013 now I resigned from my company on 11th aug 2014, my company adjusted 100% of my july salary against advance which I took against incentive which is a part of my package. co says the incentives accrued but not due will not be considered. I have requested to release my July's salary but in vain. I need money to meet my house hold expenses. Secondly keeping in view my advances and my salary + incentives earned(accrued) I have agreed to get release in month notice serving as against 2 months notice period in appointment letter. Lateron when my co refused to consider accrued incentives and sent me an account by adjusting all my salary upto 11th sep'2014, I wrote them that in such circumstances I would be allowed to complete 2 months notice period i.e till oct'11 and requested to release my July's salary. My co neither replying my queries nor paying my salary of July. Pls advise whether legally co can deduct 100% salary and also advise legal steps to be takens to recover my earned incentives..
Thanks
Naim Bux
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Exclusion of pvt ltd company of husband from matrimonial dispute
Dear Experts
I filed execution petition for the maintenance order awarded to me in DV Act. After the notice of this EP my husband dint appear and order for warrants of attachment are issued. Now my husband has filed an application for inclusion of his Pvt Ltd Co as a respondent in which he is 98 percent shareholder through another director who is only 2 percent shareholder. On this basis he is asking for a stay on the EP by praying to remove the assets of the Company from Execution process.
Pls guide.