Divya
28 May 2018 at 10:58
Respected Experts
A director had to pay me money arising from a commercial contract.
Director was the MD of company and held shares and assets in his name jointly with the company.
In due course, director and company secretively sold off their immovable asset to evade making payment to me.
Property was fraudulently sold to a multi-state credit society
Question:
Can a company tribunal exercise jurisdiction to decide the entire sale transaction between company and credit society?
If situation demands and its not possible to cancel the sale, can the company tribunal exercise jurisdiction making the credit society liable for making payment to me?
If not the tribunal who can take a decision for deciding the disputes of all actions of credit society?
Please advise
ABHINAV SAXENA
28 May 2018 at 08:09
Dear Reputed Members,
I am looking for your valuable suggestion before proceeding to the below matter!
My sister is almost married now 11 years and has one son 9 years. We have been fooled from begining by my sisiters husband and family. They told us that the he has secured a govt. job in place of his father since he died and never join the same. In the term of 11 years of marrige my sister almost stayed with my parrent around 7-8 years in frequent time. Since he doesnt want to work and want to work so he joined so many private job at small level and never took any job seriously infact he is a big timer of jua & satta and do witch craft and local level and fooling lots of local, Every time he fought with my sister and demanded dowry and sent her to my parrents home every time and after six month some time 1 years call again and convinced my sisiter to go back. since she is a women with a son dont wanted to have a divorce or file a complaint due to hope that one day he will understand which never happensd so. althogh my parrents have given him some money time to time even several years of marrige some time bank transfer and some time cash alomost 6-7 lakh. Even repeated dowry demand and paid him sevral time he is not changing. currently my sisiter is their and now they are beating him every day and demanding 4 lakh to pay for people as his debt from the jua and etc. My sisiter finally realized that he is not going to change and now wants to proceed for Filing case against him ,his husband brother and his wife as they all are involve in all the torture and process.
My submission to you all is please guide me how we should proceed and what all we need to take care.
Gurvinder Singh
28 May 2018 at 06:41
Dear sir
A shop was given on rent by my grand father. Among my uncle who is NRI (all other uncles including my father are no more) can file a suit under Punjab Rent control Act . Pl. suggest
Regards
Anonymous
28 May 2018 at 00:26
As i am a govt. employee and i am a single now and i want to start a new business so guide me so that companywill not make any issue in future wit me and i will tranfer my business on my spouse name after wards
Anonymous
27 May 2018 at 23:46
was participated in a e auction of property of canara bank on 06.02.2018 (EMD). I was successful bidder (single bidder) of that immovable property and paid full bid by 30.04.2018. I received sale certificate from the bank on 02.05.2018 (not registered).
Now the borrower filed writ petition in AP High court hyderabad for stay of proceedings of sarfaesi and CM order of physical possession of property.
Background of case:
The borrower had received finacial facility from the bank in the year 2014. He made default in payment in the mid of year 2016. The bank had declared account as NPA and issued demand notice of 60 days on 29.04.2017 to pay outstanding dues as per rule 13(2) security enforcement rules 2002. After that no representation received from borrower. After that the bank had issued on 16.10.2017 for symbolic possession of property rule 13(4) of security enforcement rules. There after bank has issued sale notice on 29.12.2017 to borrower and publication in news papers in 05.01.2018 for conducting e auction on 06.02.2018. The borrower immediately filed a stay petition in DRT on 31.01.2018 to stop sale proceedings. THEN DRT issued order to pay 15% in 15 days and another 15% in 15 days to stay the confirmatio of sale. The borrower has not paid any amount as per order and after 30 days order automaticly vacated. The bank has also got the CMM order to tookover the physical possesion of property on 26.04.2018.
Now the borrower has filed writ petition in high court to stay the sale proceedings and CMm order on 24.05.2018.
Please tell me options avilable to auction purchaser
Is there any chances to get order infavour of bank
What are remedies available to bank
Anonymous
27 May 2018 at 23:10
Hi ,
Divorce has been declared by court, But the Lawyer is asking for more amount to hand over decree.
Is there any way of getting the same online or from court with out involving/paying any extra amount to the Lawyer.
Plz help.
Thanks,
Krishna
Anonymous
27 May 2018 at 22:15
A complaint had been filed in NI court for check bounce against (1) a pvt ltd company and (2) one Director of the company who issued the cheque on behalf of the Company
Now while the case is still under process in the court, the Director of the company (accused No. 2) has died. My question is (1) Can the case still continue against the Company (accused No. 1) (2) can another director of the company be made accused at this stage ? If yes what procedure has to be followed. Next hearing in the case is on 6th June 2018.
Anonymous
27 May 2018 at 18:34
Sir we 10 members with me was remanded on 9/05/2018 for 15 days for a criminal offence we got bail on 12 th day with condition to sign twice a day morning and eveng for 2 weeks we finished this.... Now I am going to apply for job in us will I get visa work permit without any disturbance or it will get cancelled.. Because I am going to pay money on it.. Please give me suggestion on this
Thank you
Gurvinder Singh
27 May 2018 at 17:46
Sir, My grandparents had given a shop on rent 60 years back. I am retd now. Can I evict the present owner. My grandfather had five sons four are no more only one is alive. pl. suggest and guide.
Regards
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Maintenance under sec 125 and wrong income declaration
hello,
I file a divorce petition in feb 2015 under sec 13 hma and in return after 2 months wife filed a maintenance case under sec 125.
Wife claimed monthly compensation of 1.25L out of falsely declared salary 2.25L for me. In reply my lawyer suggested me to declare a wrong salary of 36K instead of 90K under Oath in reply to the 125 case. When I argued with my lawyer, she mentioned that Onus of proving 36K wrong lies on wife's lawyer and nothing to worry on wrong declaration in court.
Based on this all replies and failed attempt of patching at Lok Adalat Counseling sessions, Judge at last announced a monthly maintenance of 30K on my wish, in contrast to 36K declaration. Its clearly documented in Order that no income evidences were reviewed and Order is purely based on declarations.
I was okay till this point as everything was going positive on my side.
What I noticed later was my lawyer was colluding with wife's lawyer as my lawyer was not trying at all to move motion to argument stage and just taking dates. Wrong income declaration was part of it. Hence I officially removed her through an application to Judge but yes, colluding as reason for removal was not mentioned on application.
Now wife has applied for discovery of income documents for last 5 yrs under Oder 11 CPC 12,14. So far court has not passed any Order for it but I need to reply and I don't have any objects in submitting documents. In parallel, wife has come down to MCD proposal on 50L and I am not agreeing to it. MCD wish from her end is documented in court file.
Questions are -
1) Can submission of document be done to Judge only and no copy to Wife, as documents are confidential?
2) As the income declaration on Oath is lower than actual, will this be treated as an offense and what is the sentence? How it can a case be initiated and by whom?
3) With respect to Question 2, can't Lawyer removal application be treated as a defensive document in my favor?
4) What if I take back my divorce petition in this case, will sec 125 claim for maintenance not applicable anymore?
5) Wife had income sources in past and owned numerous properties. Will evidences in support of this help me to counter wrong salary declaration and high MCD amount demand?
6) What if I resign from my job as last option as I can't let myself drain like this?
Please suggest!