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BHARTI KOTHARI (practising advocate)     12 January 2017

Question

Thanks my expert friends in anticipation.

Complaint under 138 has been filled against mr. A  by mr. b. The necessary resolutin has been executed as per complaint on 10.05.14 and as per the admission of the Mr. B in the cross examination he got the knowlege of dishonour after 2/3 days of dishonour. the return memo is dated 10.05.14. the resolution when executed was kept blank at the cheque No. and return date and subsequently after knowledge of dishonour the said blanks were filled and the said hand made fill in the blanks were not intialed by the directors or by company seal. even the resolutin does not have any seal on it of the company. weather this is valid resolution and what are the condition precedent of valid resolution?



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 3 Replies

adv.bharat @ PUNE (Lawyer)     15 January 2017

bharati ji it is your first case?

Law Aspire (Legal)     16 January 2017

It is not a valid resolution . It is suspicious document 

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     16 January 2017

Valid Resolution must have Sign and Seal of all Directors of company/ Majority .. Depends on A-O-A.



 


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