Mohammed Rizwan Shaikh
08 February 2017 at 17:38
Dear Experts,
A Partnership firm was formed as per Indian Partnership Act and was registered with ROF, Mumbai. The said firm consisted of 6 partners wherein 2 partners retired and 2 expired. It is important to note that the said changes were not updated with the ROF. Further, out of 2 surviving partners 1 recently got expired and now only one is left. Can a single partner continue the firm as a partner or proprietorship? However, a case was filed by the partner of the firm in the High Court, so now with only 1 partner can the case go on or the legal heir i.e. the widows of the expired partners should be brought on record for the case?
Please advise.
Regards,
Rizwan Shaikh
Ramakrishna
08 February 2017 at 16:12
Petitioner, accused, want to file in anticipatory bail in District Court/SCST special court. Is it possible filing of anticipatory bail in District court instead of high court?
Because petitioner is Government teacher, hence he prefers anticipatory bail
Thankyou
Aditya Dev
08 February 2017 at 15:48
Where does first regular appleal lie agaisnt an order(not judgment) passes by a single judge of delhi high court??
please give provisions if you can??
pushpakrishna
08 February 2017 at 15:11
dear experts
when the cheque received from the bank with a memo stating insufficient of funds we have to issue a notice with in fifteen days or with in one month.
please clearify on this
is there any amendement on this.
thanq.
Vasudevan
08 February 2017 at 14:50
Consequent to the Departmental Enquiry, I had been served with the order of Compulsory
retirement by the Disciplianry Authority who is also the Appointing Authority for my post held. In the order of the Disciplinary Authority, there was no mention on the quantum of reduction of pension or gratuity. I had 33 years of service. Whether full retirement pension and Gratuity be paid to me as there was no mention on the quantum on reduction of pension or gratuity was not mentioned? Please clarify. Thanks in Advance to the Experts.
Member (Account Deleted)
08 February 2017 at 14:31
Is it necessary that real brothers should have domicile of same state?
Imran
08 February 2017 at 14:12
sir
i am landlord. property situated at mumbai. tenant died. tenant has no legal heirs. room is locked. please guide how to take possession of tenanted property as per law.
Thank you
Kvijay12345
08 February 2017 at 13:43
My friend had taken a Personal loan of Rs.6,51,000/- from private bank in September 2007. He defaulted on loan in Nov.2008 due to some dispute over agreement & he immediately informed the bank accordingly. Since then nothing happened till 2011, when the bank assigned its loan rights to ARC,without informing the borrower. However when the borrower came to know this he raised his objection to the bank as well as to the Arc.Now the Arc has moved to the DRT. I want to know what is the limitation period & Min. amt.due is required to file the case in DRT? I have heard that the time limit of 3years from the date of default & min.amount outstanding over Rs.10,00,000/- is the criteria to file the matter in DRT. Is this true? Can an ARC instead of bank file the case in DRT?
Sagar Kotak
08 February 2017 at 13:29
The present case pertains to Cheque bouncing U/s. 138 of the Negotiable Instruments Act, 1881 in the state of Gujarat, Kutch. May I be apprised by the respected learned counsels on the following subject issues:
1. What is the precise amount or percentage of Court fees to paid before filing a Criminal Complaint before the Magistrates Court in the state of Gujarat, Kutch ?
2. I have heard that the complainant is not required to pay any court fees for filing complaints U/s. 138 of N.I. Act. To the contrary, the Accused is required to pay the required Court fees. Is this true ?
3. I have also heard that if settlement is arrived at between the complainant and the Accused, then in that case, 10 % of the cheque amount has to be paid as 'Court Fees. Is this True ? If yes, then who is required to pay the said Court fees in lieu of Settlement - Complainant or the Accused or 50-50 ratio ?
Awaiting the precious inputs of all the esteemed lawyers.
Warm Regards.
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Bonus amendment
Dear Sir,
I am a contractor. I had executed a work in a PSU from 01.04.2014 to 31.03.2016. During that period Bonus payment ceiling was limited to Rs.3500/- and I had paid the bonus accordingly.
With an extraordinary Gazette dated 01.01.2017 the Bonus act has been amended as follows
An Act further to amend the Payment of Bonus Act, 1965.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:—
1. (1) This Act may be called the Payment of Bonus (Amendment) Act, 2015.
(2) It shall be deemed to have come into force on the 1st day of April, 2014.
2. In section 2 of the Payment of Bonus Act, 1965 (hereinafter referred to as the principal Act), in clause (13), for the words ‘‘ten thousand rupees’’, the words ‘‘twenty-one thousand rupees’’ shall be substituted.
3. In section 12 of the principal Act,—
(i) for the words ‘‘three thousand and five hundred rupees’’ at both the places where they occur, the words ‘‘seven thousand rupees or the minimum wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher’’ shall respectively be substituted;
Sir, in my tender there was a condition which reads as follows -
‘It is imperative for each Tenderer to acquaint himself of all local laws, conditions and factors which may have any effect or bearing on the execution of works and supplies under the Scope of this Tender.
The Tenderers are required to familiarize themselves with (but not limited to)
ï‚•ï€ The Income Tax Act, 1961, Indian Companies Act, 1956,
ï‚•ï€ Indian Customs Act 1962, Factory Act 19
ï‚•ï€ Arbitration Act
ï‚•ï€ Contract Labour (regulation and abolition) Act 1970, / Factory Act
ï‚•ï€ E P.F. Act 1952, / ESI Act
ï‚•ï€ Workmen Compensation Act 1927,
ï‚•ï€ Minimum Wages Act 1948 / Payment of wages Act / Gratuity Act.
ï‚•ï€ Child Labour (Prohibition and Regu
ï‚•ï€ Other related Acts and Laws and Regulations of India, with their latest amendments as applicable.
Sir, I had paid the Bonus to the workers @ Rs. 3500/- per year.
Sir, the Principal employer is asking me to pay the arrears of Bonus wef 01.04.2014 as per the notification. They are not releasing my Security deposit until I pay the arrears of Bonus.
Sir, kindly let me know that –
1. Whether I am liable to pay the arrears of bonus as per the amendment of Bonus act and the tender condition.
2. Whether the arrears should be reimbursed to me by the Principal employer if it is paid by me.
3. Whether any case has been filed in any Court regarding reimbursement of Bonus and any order has been passed by the Hon’ble Court.
Sir, please help me.
With thanks & regards
Mahesh Agarwal