CS Jatinder Kapoor
01 May 2014 at 23:51
Dear Sir,
one of my client is running a company and in the balance sheet of this company, loans to the tune of rs. 4 crores are outstanding. The composition of this Rs. 4 crores is as follows :
Rs. 2 crores from directors
Rs. 1.25 crores from shareholders
Rs. .75 crores from others
1. Now As per Acceptance of deposit rules,
Deposit does not include the amount received from the person who at the time of this receipt was the director of company so as per this rule Rs. 2 crores are not falling within the definition of deposit.
2. what about the remaining Rs. 2 crores received from shareholders and others ??
should we file the statement with ROC within 3 months and repay the amount within one year from the commencement of this act or is there any other remedy available ??? As the company is not in position to repay it within one year.
PRASHANT
01 May 2014 at 23:30
My Salutation to all senior experts,
my grandfather,having two wives {first expired long ago giving only a son, while from second wife-5 son & 2 daughters release and my father(sh.Satish) is oldest from second wife of my g.father). My grandfather expired in 1998 due to bad intention (wrong medicine were gave for clinical death) of my 2 uncle's(youngest brother of my father)and both they make a FORGED WILL having THUMB IMPRESSION by declaring from grandfather that"HATH HILNE KE KARAN ANGUTHA LAGAYA HAI" rather my grandfather was well versed in english-speak,read & right.this forged will was of date containg 4.10.1998 on which date my g.father was died.
As per another case decided in 1947 between my g.father and their brother,only my father and his elder brother sh jagdish (from first g.mother) was in this world.
my uncle (sh.jagdish) filed a suit for partition in 1999 and chalenging the will.
my father (sh satish) and (sh jagdish) both was entitled each 7/18 of total property.
but in case filed in 1999, there was compromise between (sh jagdish) and remaining 4 uncles and they accept some cash in lieu of compromise and transfer their share to one of my uncle. we never make any objection in the case as advised by lawyer even we appear in the case.
now today,i cleared LLB and now i want to challenge the will.
Q 1. i think most of property for which WILL was declared consist of ancestral property so how my g.father can declare will for whole property.
Q 2.How we can calculate portion of ancestral property in total property.
Q 3.WILL dated 4.10.1998, so approx 16 years lapsed, is my father still eligible to chalenge the validity of WILL ?
Q 4.I READ ON THIS LAWYERSCLUBINDIA that Probate play a important role in validity of valid WILL. can i ask for probate ??
Q 5.How we can claim our 7/18 share since 2 uncles have forged WILL and they never agree to give our valid share.
Q 6. can i start criminal proceedings u/s 420,467,471 crpc. will it be benficial for us OR harmful to opposition.
please reply must since as an Advocate i am also belongs to all your world.
Advocate Ravinder
01 May 2014 at 21:48
Mr.A and Mrs. B have given their male child of 14 yrs in adoption to Mr.C and Mrs.D by complying all legal formalities. Both families are Hindus by Religion and both families are having self acquired properties. Whether the male child gets succession right in the properties of C & D family. Whether the male child will get succession rights the right in the properties of A and B along with C & D family. I require the comments of learned Advocates.
Nagaraj
01 May 2014 at 20:18
Hello,
I'm from Bangalore, My father is having a property in Tumkur. Recently we come to know its been forged and registered to a third party. But we have taken the position of the plot & made fencing around it. Initially there was some objections from third party not now. My concern is, since there is no dispute from third party, we have not taken any action / lodged any complaint on forgery. Will there be any issue if the forged registration is not cancelled. Please suggest.
Regards
Nagaraj
naseeb kumar
01 May 2014 at 19:55
Sir,
I am working with district court, Delhi. I have joined the office in 2009 as an L.D.C.. Now in 2014 I have selected as stenographer in the same office/department in a open competitive exam. I have applied for the stenographer post through proper channel. I have joined my duties as stenographer in April, 2014.
After joining in April, 2014 the accounts officer told me that you will not get the Annual increment due on 1st July, 2014 because you are not completing 6 months service from 1st January, 2014 to 1st July, 2014 in one cadre, neither as a L.D.C. nor as a stenographer. Therefore, you will not get the Annual increment on 1st July, 2014. When I asked accounts officer that whether I can submit the Option form for the increment. He told me that Option from cannot be given in Cadre change case. It can only be given when promoted in the same cadre and your cadre has been changed.
But I am a candidate from the same department and I applied through proper channel. I have also intimate the office through a letter for considering me through proper channel. There is no service break. I should get an increment for the year 2014.
Therefore, all experts are requested to kindly provide/ suggest me any law/service rule for getting increment for the year 2014.
Thanks and regards
Naseeb Kumar
Rahul Mendiratta
01 May 2014 at 18:41
Hi Experts,
I am facing many cases (498a, DV, DV appeal, Bail cancellation appeal, 125 by Father in Law and his daughter in their city very far from my work place.
It is becoming very difficult for me and my family members to attend all dates and keeping track of what is happening.
In 498a I'm getting dates every 15 days because of their local influence. It's frustrating to see judiciary working as per their will.
1. Is their any norm of giving dates?
2. Can I do something so that I get dates not so close.
3. There are many cases started by them which is difficult to cope up with. What can I do?
karthikeya manickam_M
01 May 2014 at 18:09
pls see my attachments
karthikeya manickam_M
01 May 2014 at 18:06
please see my attachments
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Maintenance & deomestic voilence
Dear Experts
Thanks for your valuable reply
After reading i have certian query
1.yes my wife has filed a petition u/s 125 for seeking interm maintenance of litigation and she is employed has chemist and she has getting 9k per month and her salary income is sufficent to maintan herself and my son and here parents are finacial sound and she is staying with here parents since dec 2010 and i produced a salary slip and appointment letter in fornt of judge and told has i am jobless and no property i cannot pay maintance has she is employed and she is not staying with me since dec 2010.How she can apply for maintenance know after 3 years? why she has not applied when i was in job? y she applied after my father death?To dismiss maintenance case what section and act we can apply?
2.My wife has left me on her own from dec 2010 after many counselling has she never came after my father death she is thratening me for extraction of my father property by putting flase causes on me.To dismiss domestic violence act u/s19&23 and stay order on my mother self acqired house which we have rented on that my wife has bought the stay order that she was staying in that house by producing electric bill. what act and section i can apply to vact stay order?
3.can i take judicial separation from here without giving divorce and remaining as a husbhand and wife as she is not staying with me since dec2010 and apply for divorce after one month in bangalore because i will stay in bangalore 15 days and in native 15 days?what acts and section i can apply. 4.depriving of RCR by my wife after marriage is a curelty against me & residing away and deprining me from physical relation & depriving RCR ex-party court order also.For that y court will not take any action on my wife?
5.i would like to know will court deny maintenance to my wife and son according to section 4 which says that wife is not entilited for alimony if she deserted her matrimonical home without any reason?
6.can i ask the court to appoint court commissioner to invested a false cases on me which my wife has put on me?
7.Some experts says i will go to jail if you not pay maintance after court order also and my wife has deny RCR ex-party court order also from 20-10-2012 for my wife y court will not taken any action? 8.Has my son is minor& my wife has put a case on my mother u/s (1)(10)151 will my son will get a share in my father self acquired property.My father has made the will in my mother name? To dismiss the case what acts and section i have to apply? 9.Can i put maintenance on my wife u/s HMA 24 has i am jobless no property & mentaly upset?
10.My friend told if judge send me to jail your wife has to pay amount to court has jail will never give free food and shelter has you are not paying maintenance after the court order also and court will release after 3 months if no one give bail to you ist true u/s?
Dear experts
please give solution for the above and how to come out from this matrimonial cluthes please help me sir as day by day i am under going tension and stress.
warm regards
mohan.D
9880962229