C M Saldanha
15 April 2014 at 12:32
I have a query regarding our Housing Society. Five-year term of MC expired 8th August, 2013. Pending election procedure by State Government, Society did not release 31/03/2013 audited accounts even if under cover letter within stipulated period. Year end accounts as at 31/03/2014 are now also due.
Chairman has now written to Dy Registrar requesting him to conduct AGM for last year which to my mind is incorrect. In view of Commissioner circular dated 26.02.2013 stating no major decisions pending elections, besides office bearers being in titular (nominal with no powers) since August 2013, can 'AGM' be held?
Anupam Jadhav
15 April 2014 at 12:16
Hi,
Can 2 person from one family(mother & Son) become committee member in housing society? is there any bye laws about this they can or cannot. Mother was elected unopposed because of only female candidate and Son is elected in election.
Mother have 4 flat and Son have one flat in housing society but they stay in one flat and other 3 flat are no rent.
KETAN J SHAH
15 April 2014 at 12:13
Respected Sir's
The Landlord of the property in Mumbai Rented his premises to a Doctor A for Hospital in 1972. This Doctor A expired in 1986. His wife B took over but she was not a doctor so she could not handle the affairs. She handed over the premises to her sister and brother in law C & D in 1990. Before taking over the possession of the premises the sister/brother in law C&D converted the Tenanted property to a PVT LTD company without the NOC of the Landlord.
In 2002 the shares of the company were transferred from C & D to E & F without the knowledge of the Landlord and when he came to know this from the party itself the Landlord filed a suit in Small Causes court but the suit was disposed off and consent terms filed.
In 1990 when the Co was formed there was no Rent agreement signed as this law came into force from 1999. The Landlord didnot give any NOC for company formation.Then how was this company registered.
Recently the Landlord made an application by RTI to recover the documents filed in 1990 at the time of Co. registration but since the co is old the Landlord was advised by the office of Registrar of Companies to take physical inspection of the documents.
Now the question is if the Landlord does not get information of documents filed at the time of registration of co with R O C can he file an RTI on the PVT LTD Co directly to get the required information.
Please advice
Thanking you in advance
Janak Dalal
15 April 2014 at 11:53
We are a Trust regd in Maharashtra. A resolution was passed in AGM to appoint new Auditors in place of existiong Auditors, who have been auditors since past 5 years. Newly appointed auditors have asked for NOC from the retiring Auditors. They refused to give NOC and asked to clarify why they were removed.
1) My querry is : Have retiring auditors right to ask for clarification?
2) Whether NOC from retiring Auditor is required, when a resolution for appoitment of Auditors was passed in AGM ?
Advocate M J
15 April 2014 at 11:34
Dear Respected Learned members,
My client had issued an EMI cheque for Rs.10,000/-, after a gap of 3 weeks the party presented the cheque to the bank which bounced for insufficient funds. In the meanwhile before the date of the cheque bouncing the party had issued a position notice to my client.
The party is having their Head Office in Culcutta and a branch in Karnataka. Can the H.O. at Culcutta file a case against my client in Culcutta Court. If so how to safeguard my client.
Can I apply for an anticipatory bail for my client, if so what is the procedure. The anticipatory bail needs to be from Karnataka or Culcutta please advise.
Thanking you
balwinder
15 April 2014 at 10:38
sir we have rented a property on registered. lease agreement to a multinational company in punjab for a retail mobile showroom.the showroom is being run by a franchisee of the company.however for all practical and legal purpose we have to deal with company only i.e payment of rent etc.now on the expiry of lease period company does not want to extend ourlease.they want us that at our own discretion we may sign fresh agreement with the franchisee.my query is as a landlord are we legally safe to deal with a private party as the property is commercial.if so then what kind of agreement should i sign with indivisual 11 month renewable leave and license or registered lease say for 6 years
Ajay Sharma
15 April 2014 at 09:11
Hi Respected Sir/Madam
My bhabi Filed 498A case on my Elder brother and my parents,and my father is ex-deffence personnel(retired from Army).
I would like to know in case we lose the case can court order to Stop my father pension.
Thanks
PRACHI
15 April 2014 at 08:16
My client has executed Agreement for sale . Due to unavailability of loan the Agreement of Sale is to be Cancelled.The Property is situated in Navi Mumbai.Now Cancellation deed attracts how much stamp duty and registration fees.
Narsing Sahu
15 April 2014 at 02:22
Divorce is decree but wife again filed appeal in high court tell me what to do can I marry
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what if employer is not paying salary on time
Dear experts
Am a teacher .working at private school.my school iwner is not paying is salary od about 3-4 months.full staff has grievence towards them.i am new joinee heee.if they pay....they give us cash.no eecords at all.
Plz suggest me.how can i make my salary affordable n also am needy of job
Thank you in advance
Regards