rajan kumar
23 April 2014 at 12:53
Hello everybody...This is very urgent...??
General power of attorney : Following acts were given to attorney by principals:
I. To appear and act in sorts civil criminal revenue and other offices in district.
II. To appoint advocate or vakils to sign vakalats petitioners plaints written statements counter memo or appeal grounds in the officers departments and courts mentioned in clause I.
III. To present sale deeds or documents or other papers signed by the principals in registration offices in district.
IV. To receive documents and other papers from the above mentioned offices and courts and tribunals.
V. To take delivery of property or and to give delivery of possession on behalf of principals in pursuance of any sale transaction.
VI. To admit receipts or consideration before registration before registration offices in district on behalf of principals and sign receipts.
I uploaded some of the clauses in GPA. From these points does the attorney has the power to do registration of plots signed by himself. ??
or
only the principal has the power to do the registration of plots.?
Meha Harish
23 April 2014 at 12:19
Bank had whole turnover ECGC cover on Pre shipment Packing Credit and Post shipment FBD advances. Exporter also had ECGC policy covering his buyers for default in export payments. One buyer defaulted for 50% payment. Exporter filed claim with ECGC through the bank under his policy with instructions to pay claim amount to bank since the bills were discounted.
Next week bank classified the accounts as NPA and one week thereafter issued Sarfaesi act 13(2) demand notice and 80 days thereafter issued 13(4) notice for possession of secured flats.
After NPA and Sarfaesi act notices, the exporter regularly kept on paying the interest and principal dues and requested revival of accounts. However, the bank adjusted all payments towards principal and interest was not adjusted.
1. RBI directives state that 'The credit facilities backed by guarantee of the Central Government though overdue may be treated as NPA only when the Government repudiates its guarantee when invoked.'
'Credit protection given by the following entities will be recognised:
Sovereigns, sovereign entities (including BIS, IMF, European Central Bank and European Community as well as those MDBs referred to in paragraph 5.5, ECGC and CGTSI), banks and primary dealers with a lower risk weight than the counterparty;'
Can the bank classify account as NPA till ECGC claims are settled or declined. Our claim was paid in full after one year by ECGC - to the bank.
2. RBI circular states 'In respect of post-shipment credit extended by the banks covering export of goods to countries for which the ECGC’s cover is available, EXIM Bank has introduced a guarantee-cum-refinance programme whereby, in the event of default, EXIM Bank will pay the guaranteed amount to the bank within a period of 30 days from the day the bank invokes the guarantee after the exporter has filed claim with ECGC.
ii. Accordingly, to the extent payment has been received from the EXIM Bank, the advance may not be treated as a nonperforming asset for asset classification and provisioning purposes.
Can the account remain classified as NPA after claims are received from ECGC???
3. After issuing Sarfaesi act 13(2) and 13(4) notice, bank filed claims with ECGC on both - pre and post shipment advances. ECGC paid both the bank's claim at a reckless speed of 10 days.
4. Bank sold the mortgaged flat under Sarfaesi act and adjusted the proceeds to wipe out the outstanding in Cash Credit & Mach Term Loan accounts. It lodged OA with DRT for recovery of outstanding in Packing Credit a/c for which ECGC claim was received and parked in Suspense a/c at branch.
5. Concerning ECGC's cover to banks, there various circulars in public domain which state:
ECGC gives cover to bank's for reducing their NPA's.
Claim shall be paid in case of protracted default by exporter
legal action for recovery after claims are paid
rehabilitation measures can be taken by bank for viable / potentially viable units after claims are paid with permission from ECGC.
ECGC's claim paid NPA accounts cannot be sold to ARC's.
In view of these,
a. was the bank legally correct in classifying the accounts as NPA before filing claims with ECGC.
b. Was the bank legally correct when it issued Sarfaesi act 13(2) & 13(4) notices before filing claims with ECGC.
c. Was the bank legally correct in maintaining the accounts as NPA after ECGC paid the banks claim - even though it had issued Sarfaesi act demand & possession notices.
d. Was the bank legally correct in pursuing recoevry action under sarfaesi act after ECGC paid claims for Pre & post shipment cover to Bank.
e. If ECGC claim paid accounts cannot be sold to ARC's, can the bank take legal action under Sarfaesi act at all.
f. Can the bank recover the ECGC claim paid amounts from Personal guarantors and continuous security given by directors by filing OA at DRT.
Please guide. Thanking all in advance.
dipen
23 April 2014 at 11:59
Hi,
my grand father has registered one will. . now my mother is expired.
this will somehow not executed yet so if i want a copy of that registered will\will number, how can i get it.
can someone explain me the procedure?
gudipati nagaraju
23 April 2014 at 11:27
Dear Sir or Madam
Can we claim service tax input credit , if rate is different
For example
I am collecting service tax @ 12 .36% (i.e collected on my services)
I am paying service tax to some other service provider @ 4.944% (Abatement) (for receiving services )
Can i claim service tax input credit which i have paid @ 4.944%
If I can claim , under which rule can I claim
Please let me know
Thank you very much for giving valuable solutions
SONY KABRA
23 April 2014 at 11:21
I own a house in Pune. Also, i own half of the terrace attached to my house.
Now the Society members are saying that water proofing work on terrace should be done by me only, as i own the same. If i do not do the work, they will serve Notice thrice on me & then ownership gets transferred to Society automatically.
My question is :
1) Why should i bear all the expenses of getting the water proofing work done? Is it not Society's Duty to incur those expenses from Society's funds?
2) Whether such act of serving Notice & getting owned property Transferred in name of Society is Valid? Can Society do so, even if i have legal documents for my ownership?
krishna Bansal
23 April 2014 at 10:38
Sir,
Good Day,
My husband[ved parkash,was in job at Delhi] had given poa to his brother twice in1969 & 2006 for a piece of land both time in Kurali, tehsil Kharar, [punjab].
Uptill now his brother[satpal] was looking after land & every thing,he is expired [dead]few months back. We came to know that his brother [satpal]had made 4places in his wife or son'name on the basis of power of attorney.Can we get it cancelled?
2 To restore it back what we will have to do?Please guide us asVed prakash is a patient of arithritus & setteled in Delhi.
Thanks & regardes
Krishna Bansal [wife of Ved parksh Bansal
498A-filed
23 April 2014 at 10:31
In my earlier query about filing counter case I have provided my case details. My case is in investigation stage and charge sheet has not been filed.
Since my case was filed in a different state from where i resided with my wife, the IO will mostly have few statements from my in laws and may be some recording on mobile which my wife may have recorded after instigating me in an argument.
The FIR filed by my wife is totally fabricated and false and for each and every line written by her in the FIR, I have gathered some proof to prove my innocence.
For eg. she alleged that I started physically and mentally torturing her after 1 month of marriage and she ran to save her life in aug13 after calling her brother.
I have her hospital discharge summary of july13 in which her medical history reported by her before the operation is given "no history of fever, no history of trauma, no history of weight loss or loss of appetite as per information provided by the patient".
She got an award from her office before leaving our home which says Exemplary performance for Jan 13 to June 13.
I have her hand written expenses of lakhs of Rs. much more than her salary. She lost huge money in stock market trading online which was linked to her salary account when she was on maternity leave.(again the losses were equal to 3 yrs of her salary). & many many more evidence showing that we were a normal couple and loved and cared for each other.
My question to the experts is the following
Should I approach the IO through someone and provide him with all my evidence?
Or should I personally meet him and provide the facts.
Or should I keep everything with me and produce them in the court as per the advice of my lawyer.
I have some fear that the IO may have been influenced by my in laws because he called me twice for settlement. This fear may be totally wrong also. I have no reason to believe that he is influenced but I do not want to take any risk.
Kindly provide me with your valuable suggestions.
R.Srinivasan
23 April 2014 at 07:51
Dear Respected Counsel,
Kindly be informed that we are students in Andhra Pradesh ( Tirupathi) Law Colleges and now Tamil Nadu Bar Council is not enrolling the law graduate who crossed 35 years at the time of admission in 2010,No we are waiting for enrollment , but they are rejecting our enrollment
So Please help us.
Your's sincerely
Srinivasan
manish
23 April 2014 at 07:05
Dear Sir,
I had fixed my sister marriage with a boy, Aman working in indian railway and his father (Bhushan ) is farmer.
We had given them 6 lacs rupees as help in marriage in april 2013
[1.51 lacs cash and 4.49 lacs in Bhushan's wife account(boys mother)-transfer through my a/c}.In Aug -2013 they started demanding more money and said either give 6 lacs more or we will cancel this marriage which was to be held in oct 2013.
We requested that whatever we had we have given and we are yet to bear marriage expanses ,but they refused.
Then they married their son Aman at other place in march 2014.
Even they didnot returned our money.
We are helpless.
Please guide.
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