Anonymous
06 April 2011 at 15:17
Respected All,
Kindly tell me what is the Transfer date and what is the effective date for the amalgamation within the meaning of section 391-394 of the Companies Act. Further what would be the right exposure for a in house Corporate Lawyer in such work. I have been entrusted with the work to prepare the scheme, notice to the share holders for general meeting, get the same approved by our learned lawyer, and to represent one company in the general meeting to be held in next month. Is it sufficient exposure for me? And regarding the application for Court order, for exchange ratio of shares etc can i have an entrance into the same being a qualified (non registered with court) Lawyer? Kindly advise.
Anonymous
06 April 2011 at 15:16
Dear Experts,
There was an agricultural land with number 105 and area 0.902 Hectare on a road side in the name of Mr. KP. The said road connects two towns( Town A and Town B) of the same district of UP. Some 4-5 years back I bought a portion of the land (No. 105). The sale deed for the said portion measuring 0.135 Hectare, square in shape, mentioning the boundaries - in North - road connecting town A and town B, in East – land of X and others, in South – the remaining portion of the land 105 of Mr. KP and in West - the remaining portion of the land 105 of Mr. KP, got executed by Mr. KP in the name of my wife V on date D.
After the execution of the above sale deed, Mr. KP executed another sale deed for another portion of land 105 in the name of N on the same date D. The descriptions for the second portion in the sale deed to N, are: area 0.65 Hectare, boundaries- in North - road connecting town A and town B, in East – land of V, in South – the remaining portion of the land 105 of Mr. KP and in West - the land of Y and others.
After the execution of the above mentioned sale deeds, the sale deeds along with parties were presented in the office of registrar for registration on the same date D. N got its sale deed registered with registration number R1 while V got its sale deed registered later with registration number R2.
Last year one KSK dealership from IOCL was rostered in my village on road connecting the towns A & B. The land requirement was 70ft X 70ft for KSK dealership. There were three applications from V, K and R. All the three applicants were called for interview and the result was declared on the same date by IOCL. K did not qualify as K got 0 marks against land & infrastructure. V got placed first and R got placed second. And V was the selected candidate.
But on the next day, K filed a Writ Petition in HC against IOCL alleging that there was favouritism and IOCL has awarded 0 marks in arbitrary manner. Moreover, V, the selected candidate was not made party. WP was heard by the HC and HC order that there is alternate remedy available i.e. the IOCL grievance redresal authority. HC further directed the IOCL to dispose of the matter within 3 months. Thereby, K & R submitted their representation complaints to IOCL. IOCL (state unit GM) called V, K & R and heard them one by one. After hearing, the GM/IOCL constituted one committee to investigate the complaints of K & R. During the investigation the investigating Officer asked me to bring the original sale deed of V and N. The same were shown to the officer.
Finally, in compliance of the HC order, GM/IOCL took the decision on basis of the report submitted by Investigating Committee, and cancelled the selection and ordered re-interview. GM/IOCL dismissed the complaints/allegations of K & R and stated that on basis of the report from Investigating Committee, IOCL erred in awarding 29 marks for land & infra. to V as V has not submitted the consent from co-owners - Mr. KP and N, of land 105 along with the application. Not submitting consent is in the contravention of the IOCL policy, said GM/IOCL.
Now my question is that even if there are clear boundaries of V’s portion in land 105, V is not free to use it for any purpose. V has to take consent from Mr. KP and N?
Or another interpretation of GM/IOCL could be that since N’s sale deed was registered before V’s sale deed‘s registration, N becomes first co-owner with Mr. KP in land 105, then the boundary of V’s portion vis-a-vis with N’s portion becomes unclear and that is why V has to take consent from N and/or Mr. KP.
How much this interpretation is legally sustainable? Please advise me the remedy if any as there is no appellate authority in IOCL.
Please note that a land measuring 0.135 H, square in shape has dimension 120ft X 120ft while IOCL’s requirement is 70ft X 70ft.
Thanks a lot
Anonymous
06 April 2011 at 15:14
sir, please tell me that what is the stamp duty under Bombay stamp act leaved on gift deed if gift deed made in favour of nepwee by his real uncle
Anonymous
06 April 2011 at 15:13
repected members,
i have filed a contempt petion agains two employees of forest deptt. haryana, and court summoned them, and they appear, but now divisional forest officer had filed the written statement of behalf of two employees, but d.f.o is not a party to our case, and the work was done by the employees in their private capacity, d.f.o is not a party to our complaint, and d.f.o has not filed application for impleading party. the presecution deppt. haryana directed the Public prosecuter to defend (specific words in letter) specially on behalf of " State of Harayna". but now d.f.o and P.P is defending them, however D.F.O and state of haryana is not a party to our Complaint, now plz give me authority/sitation that the act done by govt. employees in private capacity, the D.f.O cant fight on behalf of them, and the employees ar personally party to the contmpt complaint, so they will defend their case themself.
thanx i am waiting for sitation/authority
Anonymous
06 April 2011 at 15:05
Hello experts
1)When i was reading the direct tax code, 2009 a section say that between the assessee and the ITO, A.O. Or any higher authority will be designated as a civil court . so can i say that the conetmpt of court act, 1971 is applicable if any contempt occurs.
2) as i it also say that between the assessee and the ITO, A.O. Or any higher authority any proceeding will be considered as judicial proceeding so i think that the conempt of court act, 1971. also pls tell me what is the meaning of judicial proceeding.
Thanking u all experts in advance.
Anonymous
06 April 2011 at 15:04
WE ARW MEMBERS OF CO OP HSG SOCEITY (REGD) SINCE WE ARE OWNERS OF A FLAT IN MUMBAI.
DESPITE SUBMITTING THE NOMINATION FORM IN PRESCRIBED FORMAT THE SECRETARY OF THE SOCIETY HAS NOT YET REGISTERED OUR NOMINATION AND THE DUPLICATE COPY IS NOT RETURNED TO US.
Many reminders were sent orally , in writing including taking up the matter with the Managing committee who also took up the matter in the said meeting but still no response since 3 years. Even THE SECRETARY IS NOT ACKNOWLEDGING THAT WE HAVE SUBMITTED THE NOMINATION FORM. ORALLY THE SECRETARY INFORMS THE WORK LOAD IS HEAVY MATTER IS PENDING AND THERE IS NO HURRY AND THAT WE SHOULD NOT WORRY.
WHAT ACTION CAN BE TAKEN AGAINST SOCIETY AND ITS CHAIRMAN PLEASE CLARIFY SHOULD WE REFER THE MATTER TO REGISTRAR OF CO OP SOCIETIES WHERE IS THE OFFICE IN MUMBAI OR SHOULD BE SEND LEGAL NOTICE DEMANDING 10000/= AS INTERIM CLAIM FOR MENTAL AGONY TORTURED. IF THE SOCIETY FAILS TO PAY THE DAMAGES SHOULD BE APPROACH THE COURT OF LAW.
Anonymous
06 April 2011 at 15:00
Dear Expert
Thing is that our building contractor make a contract with mobile company to keep their network tower on our bulding terrace without our resident prior permission & the rent coming from this company is going into his pocket moreover building work is underprocess likely to be finish within one month we have not start to reside yet only one or two flat holder start to reside in this condition what step we can take against contractor however we have not yet discussed together with contractor about tower rent. if he deny to remove tower from our building as well as not share rent portion with our residents please let me know how we can claim against him.
i am from gujarat state
Anonymous
06 April 2011 at 14:59
Dear Experts , kindly advice me on final settelment dispute.
As per company policy (appointment letter which I singed) employee have to work in notice period of one month OR pay salary of one month (pay inlieu).
Sir, I resigned on 1st Feb.2010, and worked up to 6th Feb.2010 (I will to complete my notice period), but company blocked my last month salary (i.e Jan.2010) in which I worked full month. On the dated 8th feb. I came to know company blocked my last month salary, after enquery I came to know that HOD (General manager) given instuction to account and HR department about should not doposite Jan. salary.
And on the date 08th Feb I refuse to work in notice period because without salary it is difficult for me to servive for 2-3 months [i.e Jan, Feb, March without salary (final settelment have to take 20-25days after completion of notice period means my tentative final settelement cheque going to issue on 20-25th March)].
I requested HR manager to compansate my pending leves (32days including PL,CL,SL) or deduct my salary for remaining days of notice period but till date company not given me final settelment.
And now HOD & HR saying that you are not handover your charges so we will not issue your final settelment cheque until charge handover. But sir in my resignation latter I clearly mention that “Let me know my replesment to handover charges” but up to 8th feb. HOD as well HR not given replacement,
Before i stopped to work; I completed my pending work as well told everything related to senior (about wort status) but i dont have documentory proff of that.
I am not only facing this kind of dispute, before me (with me)4 other people are also facing the problem.
G.M saying that I given opportunity to work in this industry and you took disadvantage of it and now leaving organisation without my concern.
And one more thing i want to share that GM also cancelled my increment which suppose to be implente from month of oct.2009, other my colligues got the increment letters in month of Dec. except me.
So, please tell me in this situation what should I do and advice me for further step.
Anonymous
06 April 2011 at 14:55
Dear Sir,
want a format for a Public notice for advertising the LOSS of share certificate of an individual on a Housing society letter head as the News paper wants on the letter head.
kindly help
thanks in advance
regds
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Farm land being occupied by tenant
HI experts,
We have a small farm 4 acre of mango plantations in andrapradesh in my fathers name.
The same has been given to my cousin to look on yearly basis on payment of money. we bought the plantation in year 2002.
Now cousing is not ready to leave the plantation and is saying he wants to cultivate or buy at the basic cost of purchase. He had assisted ( not financially) in buying the farm as we live in the city.
We do not want to give the same, as it my father hard earned money. Now there is a dispute and not allowing any other tenant to cultivate the same.
Suppose he is of the intention that after 10 years of cultivation the farm becomes his. Is there any law of protection for landowners.
Please help, on how to proceed