Anonymous
20 November 2009 at 16:19
Even though there is no outstanding dues to be recovered and no disciplinary proceedings is pending or contemplated against the retiree about 50% of Retirement Gratuity has been kept withheld by the Sanctioning
Authority for one year.Is it legal? What is the effect of Ex-Parte order obtained by a private unknown person for recovery of money alleged to be paid to the retiree as loan without any permission of the Employer?
pratik
20 November 2009 at 15:41
63. Criminal liability for misstatements in prospectus
(1) Where a prospectus issued after the commencement of this Act includes any untrue statement, every person who authorised the issue of the prospectus shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to 1[fifty thousand rupees], or with both, unless he proves either that the statement was immaterial or that he had reasonable ground to believe, and did up to the time of the issue of the prospectus believe, that the statement was true.
(2) A person shall not be deemed for the purposes of this section to have authorised the issue of a prospectus by reason only of his having given--
(a) the consent required by section 58 to the inclusion therein of a statement purporting to be made by him as an expert, or
(b) the consent required by 2[***] sub-section (3) of section 60.
Rule 8 (c) of the Compaines (Disqualification of Directors Under Section 274(1)(g)of the Comapines Act, 1956)Rules, 2003.
1.) As Per Rule 8 (c) of the Compaines (Disqualification of Directors Under Section 274(1)(g)of the Comapines Act, 1956)Rules, 2003. The Central Goverment shall take such Steps as may be required to update its web-site to ensure taht name of the person, in whose Disqualification period has experied after 5 years is deleted from the web-site.
It Means that the Disqualification director name should remain in the web-site of the central goverment or MCA or minimum 5 years.
2.) Adjourments Send to ITO OR Any higher Authority above the ITO or the adjourment send to the court to taken the adjourment can be sign by the employee , managing director, director or any unqualified person of the company , firm, properitor concern, aop, boi, co-operative society.
3.)how many Adjourments can be made To the ITO or Any higher Authority OR to the court .
Above Mentioned Queries As Per Which Section, Act, Rule, Order.
As per The Companies act, 1956 Extraordinary General Meeting
1) In Case of approval of any document or documents has to be done by the members of the meeting, the notice must also state that the document would be available for inspection at the registered office of the co during the specified date & time.
So in case of co don’t display the document or documents which was approved than what is the penalty provision or any prosecution. As per which section or in which section it has been mentioned the penalty cause. Please help it out.
As per The Companies act, 1956
The Court on application, may order the holding of a creditor’s meeting. But if the court reject the application than what can we move any competent court or any other kind of provision under the Companies Act, 1956 can court reject the application if yes than on what ground the court can reject and how to rectify the grounds on which the court has reject the application. Please do the needful. Also as per which section the court can reject or act.
Ashish Joshi
20 November 2009 at 15:31
If there are two partners in partnership. both are from Mumbai and they wish to start retail shop at banglore. then from where stamp paper for partnership Deed is to be taken. and what is the place for jurisdiction.
Anonymous
20 November 2009 at 15:23
THIS REFERES THE JURIDICTION OVER THE CASE U/S 138 ( BOUNCING/DISHONOUR OF CHQ) . THE CASE WAS FILED ON THE OFFICE ADDRESS WHICH IS IN ONE DISTRICT . AND THE RESIDENCE AND BANK FROM WHICH THE CHQ IS DISHONOUR IS ON THE OTEHR DISTRICT. THE OTHER PARTY IS APPLIED FOR TRANSFER OF CASE .
pLESE LET US KNOW THE BRIEF DETAILS ABOUT JURIDICTION OVER THE CASE AND CASE LAWS IN THIS MATTER
malashree
20 November 2009 at 15:09
In a service matter case which belongs to a para-military organization one official holding the rank of Insp/PA Gd.II(Group 'B' Non-Gazetted) prematurely transferred to a lower post of ASI/Steno Gd.III. The organization is reluctant to consider his request for posting to a post which the official holds. Please guide what would be the appropriate course of action and related judgements if any exists given by the High Courts or Supreme Court of India.
malashree
20 November 2009 at 15:00
My father died during Dec.,1990 leaving behind a house consisting of three floors in Delhi. My mother getting family pension as well as her own pension as they were in govt. job. Since the death of my father my mother is collecting rental income of ground floor. There are three legal share holders of the above property. Besides myself, one unmarried sister and widow mother are the three legal heirs of the property. I have two minor children and my husband took VRS and doing her own business. My mother has been always assuring me that my rental share would be given to me. Recently I came to know that my mother alongwith her aged unmarried daughter has secretly bought a society flat jointly and my mother relinquished her share to my younger sister. Now they clearly told me that they would not give me anything. My sister is unemployed and the main source of income by which they have bought the flat was from the rental income of my father's property. Please advise me the ground/points on which I can file the claim of share from the appropriate court of law.
Teena
20 November 2009 at 13:56
Hi, any one is having Resolution to giving authority to do all acts for NMMC Cess.
Anonymous
20 November 2009 at 13:43
I had a problem with my tenant over harassment of my daughter. Based on the complaint the poice filed an FIR on Harassment of Women act and was remanded. He came out on bail. Later he has vacated the premises and sent a lawyers notice alleging mental torture etc and has said that he will give the key on return of his deposit of Rs 50000/-, For five months he has not paid the rent of Rs 7500/-.Once he sent the rent to us by post but we did recieve it. One lawyer suggests that we claim that the key is already given to us and state that the remaing amount that is due to him minus rent arrears and power charges since the tenant might still not hand over the keys. Another suggests that we go in for a straight deal and settlehis amount and take the key.
Which is the best option?
chandranil S Belvlakar
20 November 2009 at 13:34
Dear Experts,
Suppose there is X co of which promoters who are not directors of X company forms a peivate company Y
now this private co Y will it be treated as subsidary of X
as per my knowledge it does not fits in any of the conditions given under section 4 of the Companies Act, if there is any other openion kindly let me know
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