purshotam vyas
14 December 2013 at 11:59
Dear all,
our company has formed gratuity trust in 2011 and now company want to change its trustee.
I want to know what procedure for changing trustee as per indian law in force now.
Further trust deed say that
"The Trustees may at any time by a resolution in writing signed by not less than two of them and with consent of employer in writing as also of the insurer where the variation has a bearing on the terms and conditions of the master policy issued by the insurer but not otherwise, alter, vary or amend any of the provisions of this trust deed & rule.
provided further that no such alteration or variation in the ruels, constitution, objects or conditions shall be made without the prior consent of the commissioner of income tax"
As per trust deed i need to pass a resolution but before this we need to take prior consent from income tax department. but after approval of income tax and passing resolution should i require to change trust deed whole or anything else ?
Please assist in this matter with your comment.
Thanks in advance.
adsuppal
14 December 2013 at 11:54
The facts are that: My client has a public charitable trust. He is the creditor of it. All the creditors want it to be dissolved so that they can compensated for their loss and liabilities. But my understanding is that Public Charitable trust is irrevocable.
How can a public charitable trust be dissolved in Delhi? Under which act can it be wound-up?
What is procedure for winding-up?
thanks
Sanjay
14 December 2013 at 11:48
Dear Sirs/ Madams,
Request your kind help in advising about or any information and any links or docs or ppts about the precedence in various types of scenarios for various types of holdings between
Nomination Vs Will Vs Succession Law
Basically the focus point here is
(i) if there is a declaration in will then will it supercede both nomination and Sucession Law (as applicable)
(ii) If there is no mention in will then which will take precedence over the other.
Thanks in advance for the help.
Regards
prakash
14 December 2013 at 09:16
Sir,
Is it necessary to file a f.i.r.before filing the criminal case in court.
Manish Jha
14 December 2013 at 04:04
Dear Sir/madam,
I have been working with a small registered company where after dedicated and good work also due to cost cutting and internal politics they terminated me on the name of under performance.
In appointment letter sent by mail they had notice period of 2 months
whose content are like that:
You will be on a probation of 3 month. As per company policy, notice period is 2 Months.
1. At Will Employment. This is not an employment contract. Employee understands that
his/her employment with company is and will always be “at will” and nothing set forth in
this Agreement or otherwise shall prevent or limit Employee’s right to terminate his/her
employment at any time with or without notice, and company may terminate Employee’s
employment at any time and for any reason without notice.
Kindly tell me I have the right to claim legally to the company to get 2 Months notice period salary.
Here, I want to mention that after 10 months they told to sign another letter where notice period they made as 1 month. Is it legal to change notice period after 10 months of employment.
Kindly suggest.
--Manish
Bangalore
Kunal Sarkar
13 December 2013 at 23:38
One complainant filed a complaint case against her husband and in-laws under section 498 (A) of IPC and court after completion inquiry took cognizance of the case and issue process against the accused person.
Accordingly the accused persons are appeared before the court and took bail and the court fixed another date for evidence before charge.
The complainant obtain several adjournments on various grounds last the court reject the petition of the complainant and as the complainant failed to bring her witnesses after availing several opportunity the court passed an order to filed the case for non-prosecution.
Thereafter the complainant after 3 months engaged another Advocate and filed a petition to restore the aforesaid complaint case showing some medical ground and according the court restore the complaint case from its file and issue process against the accused persons by fixing another date for evidence before charge.
Now my question is :
a) Whether there is any provision in Cr.P.C. to restore a criminal case by the same court, if so under which provision ?
b) whether the order passed by the court is right ?
c) Can the same court entertain such petition for restoration of criminal case that too in absence of accused person ?
d) what is the remedy of the accused person in this circumstances ?
perwinder
13 December 2013 at 20:44
Please help me. I just signed a cheque for rupees 100000 as an advance and given to a developer to buy a plot for rs.367000. For this, he has given me an agreement on Rs.20 stamp with notary from Faridabad. Please let me know if this is valid in case of court case. Thanks
sanjay
13 December 2013 at 20:25
sir, can you clear my doubt that we got divorce through bangalore mediation center in which both of us sign on agreement for divorce without any maintenance and lumpsum alimony given to her. and got divorce on nov 13. (i)can she file petition against alimony or maintenance?
(ii) is my divorce can be challanged within one month??
(iii) if she will not leave my homee what should i do? as yet i didnt get certified copy from court
please suggest me sir/??
Rohini
13 December 2013 at 20:14
sir,
The plaintiff filed a money suit for Rs, 1,30,000/- under promissory note, the defendant filed his written statement denying the signature in promissory note, now on whom burden of proof lies to prove the genuenity of promissory note, kindly suggest me.
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Advice required
Hi,
I got married on 26th october 2012. Ours was love marriage (4 years of affair)but within days of marriage things went spiraling down. My husband is too much under the influence of his family as he receives monetary support from them. My in laws are from a small town called Narwana in Haryana and are landowners there. My husband and I took a rented accomodation in Vasant Kunj in Delhi post our marriage and I stayed there with him till 20th august. On 20th a fight broke between my husband and I and he got so abusive that he threw me out of the house and also took away the house keys from me. Though I did not want anyone in the family to know about it so went for some ceremony at my husband's extended family where he did not bother to talk. He called me just two days post the incident and I spoke with him just once and asked him to come over to my house and speak with me in presence of my parents so that we can resolve whatever issue we have alongwith his parents. But post that he vanished. Neither he nor his family contacted us. The entire incident was in the knowledge of my mother in law as she was constantly in touch with my parents and kept on asking them not to tell anyone in her family about it and she will soon come and talk about it but after that even she did not speak. On 28th my husband called my parents over to our rented house on pretext of talking things out in presence of his parents but instead he had his entire family present there where they humiliated my parents and spoke obscene things about me. I stated contacting my husband 30th onwards but he did not take my calls or replied to my messages. I was all through trying to get back to my home and requesting his family though messages to give me the house keys back but none replied. On 20th September I received a text from my husband saying that the lease of the house expired on 30th august so he had to vacate the house which he has done. He not even once told me about it and kept me in dark. He ran away with everything leaving behind this message. I still tried to contact him through phone, email and messages but he did not bother to answer except one email wherein he stated I should reconcile to the fact that we cannot live together.
Finally after running after him for 2 months I lodged a complaint with CWA cell. On 26th october 2013 my complaint was lodged and we had our first mediation on 5th November. We have had 3 sessions till now and everytime he says I will take her back provided she gives me in writing that she will not take a step like this again. In the interim I had sent him an RCR notice before filing the complaint. But few days back he sent a reply to the notice showing me as someone greedy for money and the one who is trying to break the ties. The fact is that I have from day one maintained marriages go through ups and downs and there is nothing more I seek but to get back to him and live a normal married life. This i have stated in all my communication with him since 30th august and still stand by.
The threat of divorce was from my husband's side and so I approached a lawyer and the CWA cell and I seek nothing but to get back to him. He comes from a family of lawyers (extended family with whom he was residing with in Delhi post marriage) and so there are many to give him the wrong legal advice to create more animosity between us. My last session with him was on 13th Dec where he did not turn up but instead left an application saying he was unwell and would be present in the next meeting positively. Also in the notice he sent me he stated that he did not receive any articles at the time of marriage from my parents but in the cell he left a list stating the said articles (household items, jewelry given to him & his family during various ceremonies and clothes etc.)are with him. He has showed himself as someone earning just 12k month where as the lifestyle we led was pretty lavish. He has 2 businesses and maintains a car, has a flat in Jaypee project in Noida and one commercial plot in WTC and we rented accommodation in the posh area of Vasant Kunj.
What can I do now to save my marriage? Is it a crime to report problem in CWA cell when repeated efforts to contact my husband and his family failed and there was no one from his side coming forward to talk? Is it still possible to stop any divorce proceedings from my husband in case he decide to do so? Why did he send stupid reply to the notice now when the case is with CWA cell and in front of police he agrees that the problems were from his side and he is ready to take me back but in the notice demands me to render an apology to him and his family for filing a fabricated complaint with CWA cell?
I need advice on is there a way to go back to my husband as I want nothing but that. No money no nothing.