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dhananjay pathak   07 April 2011 at 15:51

conversion of agri land into non agri

i have asked to get na certificate for my land which i want to use for my residential purpose. the land is held under non-development agriculture section. its in maharashtra near pune. please let me know the procedure to get na certificate and related documents and fee for the same. also how much time it takes to get such certificate.

Anonymous   07 April 2011 at 15:43

Hello

Paralegal certification courses in Mumbai


Hello

I work as an Compliance officer for a pharma company and i am looking for paralegal certification courses in mumbai. Can you guide me which institute conducts such course and which institution is reputed?

Anonymous   07 April 2011 at 15:40

Transfer of Property Act 1882


"73. Right to proceeds of revenue sale or compensation on acquisition
(1) Where the mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears or revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgagee, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of any surplus of the sale-proceeds remaining after payment of the arrears and of all charges and deductions directed by law.
(2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (1 of 1894), or any other enactment for the time being in force providing for the compulsory acquisition of immovable property, the mortgagee shall be entitled to claim payment of the mortgage-money, in whole or in part, out of the amount due to the mortgagor as compensation.
(3) Such claims shall prevail against all other claims except those of prior encumbrances, and may be enforced notwithstanding the principal money on the mortgage has not become due."
The quote is in respect of acquisition made after a mortgage is registered. What will be the status of the mortgage registered after the acquistion is notified under 4(1)?
Will it be considered by the court that the Bank that registered a mortgage "after 4(1) notification did so at its own peril"
as declared in the case of the judgement in SC 540-1996 against the purchaser of land after 4(1) notification?

Anonymous   07 April 2011 at 15:34

Very Urgent - Capital Structure


A Private Company is incorporating the subsidiary company. The project cost is 5 crore, but the promoters do not want have paid up capital as 5 crore. And they are planning to issue 5% of the initial paid up capital to one of the first directors (A) under ESOP/ Sweat Equity Plan over the period of three years i.e, 1.67% at the end of each year.

Can a company issue the shares at premium for the first allotment?

Please guide me to structure the capital of the Company, and what will be share of the promoter Company and the director A (Remember Company wants Rs. 5 crore for its project). Its urgent, please help me out

Anonymous   07 April 2011 at 15:31

Winding Up


One of our client is going for winding up of the company. It is voluntary winding up by the members. Major problem is there are 5 directors of which 3 are foreign national and 2 are Indian National in the company. But at the time of filing DIN 2 & 3 by the Company it has filed only for 4 directors. The one director left with out any DIN is Indian National having no DIN 1 up to now and at present he is settled in foreign country a year back. He is not co operating for filing DIN 1 in his name. Can we mention that the office of the so called director has been vacant under section 283 of the companies act for not attending 3 boar meetings. If so there is any requirement of filing any document with ROC for such vacation Or there are any alternative methods. If so please suggest the same at the earliest along with the checklist for complying with requirements of ROC for winding up of the company.

The company was formed in the Year 2002.

Is the any simplified exit scheme (SES) for the Year 2010 if so pls intimate.

Pls resolve the query at the earliest.

Anonymous   07 April 2011 at 15:28

Firearm Licensing Authorities are asking for NSC deposits

Opinion of learned experts of forum is needed. It has been experienced by a number of firearm license applicants, especially in states of Uttar Pradesh and Uttaranchal that the licensing authorities are verbally asking to purchase National Savings Certificates worth Rs. 50,000 per firearm endorsement on license. Apart from NSC, they also ask for amount towards red cross etc. If one does not comply, then practically it becomes next to impossible to obtain firearm license, since licensing authorities have practically unlimited discretionary powers under Arms Act 1959 to deny, delay or cause various kinds of hardships. It appears they are exploiting the need of self defense of people and kind of blackmailing and forcing them to comply. In my opinion, at least they are trying to circumvent Indian Arms Act 1959
CHAPTER III - PROVISIONS RELATING TO LICENCES,
14. Refusal of licences
(2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.
Are they trying to cleverly bypass this clause by asking to deposit money(movable property) after the grant of license? What is practical solution to this problem, since nowhere their "demand" is in writing?

Anonymous   07 April 2011 at 15:19

LIABILITY OF RESIGNED COMMITEE IN DISPUTED AMT


Rs. 10000/- COULD NOT BE RECOVERED BY PREVIOUS COMMITEE UNDER FOLLOWING CONDITIONS:
1. EGM HAD SANCTIONED Rs. 80000/- TO BUILD OFFICE. CHEQUE OF Rs. 40000/- WAS ISSUED TO CONTACTOR ACCPTED BY EGM.
2. WORK STRATED BUT COULD NOT BE COMPLETED BUT HAD TO STOPPED DUE TO POLICE COMPLAIN BY NEBOURING SOC.
3. WORK COMPLETED WAS ESTIMATED BY COMMITEE TO Rs. 30000/- HENCE CONTRACTOR WAS ASKED TO REFUND Rs. 10000/- BUT CONTRACTOR REFUSED TO OUR ESTIMATE HENCE HE GAVE BILL OF Rs. 40000/- & REFUSED TO REFUND.
4. MENWHILE COMMITEE HAD TO RESIGNED DUE TO HARRASMENT BY A MEMBER.
5. NEW COMMITEE CULD NOT BE FORMED HENCE ADMINISTRATOR WAS APPONTED.
6. NOW NEW COMMITEE IS IN PLACE. Rs. 10000/-
ARE SHOWN DUE FROM CONTRACOR SINCE THE DISPUTED YEAR 2006 TILL DATE
KINDLY ADVISE COURSE OF ACTION FOR NEW COMITEE.
CAN NEW COMIITEE RECOVER THIS DISPUTED AMOUNT OF Rs. 10000/- FROM PREVIOUS COMITTE MEMBERS AS THEY HAD ON RECORD TAKEN RESPONSIBILITY TO RECOVER THAT AMOUNT FROM CONTRACTOR?

Anonymous   07 April 2011 at 15:18

sale of commercial lpg against d1&d2

please clarify if commercial LPG can be sold against D1&D2 if so pl . clarify the category of users.Also whether the buyer can claim the input.What is the right of a regd. vat dealer to take goods against D1/D2 and what is liability of the seller if the assessing authority disallow the form D1 or D2.This is specifically for haryana state.

Anonymous   07 April 2011 at 15:12

Licence Agreement

Lease or Leave and Licence agreement, which one is better option to give a residential property to a tenant. Can licence agreement be made in respect of a residential property or it applies on commercial property only. Is regn. of licence agreement compulsory.

Anonymous   07 April 2011 at 15:09

guarantee on "foreign loan"


Dear All,

Please advice: can Indian banks issue a bank guarantee for ECB loan?

Regards