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Law Aspire   07 July 2017 at 16:42

Initiation of insolvency proceedings and practical problems

Insolvency Resolution Process has been initiated against ABC Limited by NCLT by appointment of Mr.Shah , Resolution professional. The period within which the IRP process is to be completed by Mr. Shah is in 180 days.
During this period the powers of Board are dispensed and all the powers of Board and Management vests in the Interim Resolution Professional as per Section 17 of the Insolvency and Bankruptcy Code,2016.
Mr. Jain who is the Company Secretary of ABC Limited resigns during this process and intimates his resignation to Mr. Shah.
Now the Question is that who will be filing the e-form DIR-12 for the resignation of Mr. Jain with ROC.
As there is no option in the e-forms provided by MCA for affixing the Digital Signatures of Insolvency Resolution Professional.
Whether the Directors can File the e-form by affixing Digital Signature of any of the Directors. During the continuation of this process?

BHARTI KOTHARI   06 July 2017 at 20:07

Restroation of possession

owner has got notice from corporation of dielapted structure (s.354 MMC Act) by manipulating the authorities and then under the guise of said notice without giving notice to tanant it seems that the corporation has demolished the stracture when the tennant was not there without his consent and thereby dispossesed him. kindly suggest remedy.

Satpal   06 July 2017 at 10:57

Contitutions in business detail not ammended

Dear sirs,
Like a company name M/s "abc" /Prop. firm sold on 31march2017 and new prop. submitted all the documents which required for change the constitution in business (1st prop. name Rp - Pan 1234XXX) to (new prop./requester name Sp- Pan 1234XXXxxx) was not ammended/update successfully coz of department issue any how. the request executed by the requester on 18may2017.

ISSUE: Bcoz of nag of department request denied and auto migrated to old first owner/name/pan.
we have many issues now like:
how we get the TIN: with new owner/pan?

g.bharath   06 July 2017 at 02:03

On share in property of muslim widower on remarriage to wife

ON SHARE IN PROPERTY OF MUSLIM WIDOWER ON REMARRIAGE TO WIFE I HAD SAID THAT PERSON IS SUNNI MUSLIM. ALSO NOW I ADD THAT BOTH HIS SON AND DAUGHTER BORN FROM DISEASED WIFE ARE MARRIED AS WELL AS SETTLED OUTSIDE INDIA.
ALSO HE PREFERS TO MARRY ANOTHER LADY WITHOUT ANY CHILDREN.
THANKS

Ramesh   02 July 2017 at 22:06

My property bifurcation problem

There were two brothers bearing a joint property they transferred the entire property on the name of laxmaiah and neelamma ( youngest bro and wife) ,I was born to the eldest brother but I was adopted by the youngest brother ,now daugthers of laxmaiah are claiming that the property belongs to them and denying my share from property,deapite all these I took all the responsibility of being the son and performaned my duties as a son all my parents are dead now and didn't leave any will,how should I proceed to get my right on property?

Anonymous   01 July 2017 at 07:31

Public trust

At a Trustees meeting (a Public Trust, duly registered with the Charity Commissioner, Mumbai) , there were only three Trustees present (quorum being 3). The Chairman of the Trust was absent due to illness and one of the Trustees took the Chair.
A topic on the Agenda was appointment of additional Trustees.
The Chairman of the meeting demanded that this matter be taken up and resolved at this very meeting as it was on the Agenda.
He PROPOSED the name of his SON IN LAW (husband of his daughter, and understandably residing in his very same house when in Mumbai- he has given his permanent address as Pune) to be a Trustee.
One of the other Trustees objected vehemently that being a Public Trust it is incorrect for it to be slowly converted into a "family run Trust" by inducting a son in law (who incidentally has never met the two other Trustees)- the Chairman wanted a blind vote on this.
And that in any case, the Chairman of the meeting, being an interested party and a direct family member of the applicant had no right to be voting on an "interested candidate as a son-in-law".

This was overruled by the Chair so the opposing Trustee stated that he was AGAINST SUCH AN APPOINTMENT unless the Chairman of the meeting stayed away from the voting as an INTERESTED PARTY>

Without the contents of the Resolution being drafted, read out and put to vote the Chairman, stated that by a 2-1 majority (his own vote and that of the third Trustee) the Resolution had been passed and that his SON IN LAW was now a Trustee for LIFE. My objection was heard but I do not know if my views/ objection will find its way into the Minutes which I presume will come weeks if not months later.

I seek the valued views of our Legal Experts on the panel as I dread that this is the first stage in the creeping takeover of the Trust by this Trustee and his family- the Trust has large holdings in property and assets.

I look forward to such views.

inderjeet   30 June 2017 at 20:06

Photo copy valid in court

If original documents lost destroyed and it's photo copy available has any value in court to prove something

Anonymous   26 June 2017 at 11:24

Land issue

dear expert

my father ex army man doctor was purchased 3 thousand sq foot land in alibag in 1st June 1989 in 10 rupees bond paper written & sign by owner & three witness. on 11th may 2011 my father was dead after some days we know that now land owner transfer his 20 thousand sq foot land to his son with kharedikhat in register office in 2005 now his son taking objection on it when we ask him to clear our problem & get our name in satbara we are living on this 3 thousand sq foot land in last 28 years & we are paying all grampanchyat tax of our home when we ask main land owner to clear this matter he told us now this land is in name of my son you ask him . & his son told us go to court if you want this in satbara pls give me suggestion what should i do .

Shailesh kadam   26 June 2017 at 06:51

Unequal water supply and late water start-up timings

Sir, i am in genuine problem regarding unequal water supply and also late start-up of water supply. The operator gives various excuses and closes the valve of our line. When asked him he says problem of air pressure and all nonsence stuff. But other lines are running properly. Its a new Mhada housing project and society is formed. I dont get water from kitchen tap. When the plumber checked sent by the secretary, he said some one is using motor and therefore water is running reverse from my tap i.e suction created. But till now no action is taken and myself and some people living in my line are suffering much. When asked to chairman he said nothing can be done.pls help me out , where should i make a complaint instanly so that the problem will be solved.

Hitendra   23 June 2017 at 12:28

False Police Complaint by wife

My wife is living to her maternals for last app 2 months. I sent a legal notice to her this month to ask her to come back. She filed a false police complaint over it instead of replying.
Can police take me to custody if I visit to police station for this matter to put my views?