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shantilal k. patel   05 August 2008 at 15:36

Public Litigation in case of Auditors of Listed Public Limited Companies


Can firm of chartered accountants be prevented to act as auditor of listed public limited companies if

(a)one of the parter has filed criminal/civil cases against other partners
(b)They do not talk to each other.
(c)there was fight amoung the partners,matter went to the court and court directed that all the financial transactons should be sign by two partners each representing one group
(d)filing cases by partners against each other is a ongoing process

Can Hight Court restrain such firm to
act as a Auditor of Listed Public Limited Companies if PIL is filed?

Anish   05 August 2008 at 12:15

Seeking discharge from service

I am a 26 year old Indian Naval sailor posted at Mumbai...Presently completed 8.5 years in service...My bond is of 20 years which commenced from 05.02.2000 till 2020...When I joined service, I was having a younger brother who was studying in 10th...But due to an accidental death of my brother in Aug 2005, I have become lone child to my parents...Now, I want to go out of service to be with them and moreover the risk associated with my present job is bit high which makes my parents very much uncomfortable making them prone to worries and health probelms...

So, its my humble request that please tell me the legal way of getting discharged from service..Is there any case which is supposed to be put from my side or from my parents side?? and please suggest any lawyer from mumbai who can handle my case...Your help will be highly useful for me...
thanking You,
Regards
Anish A Arvindakshan
EAAR-3
Mob No: 09867472739
email: anish.dmaverick@gmail.com

SRIPRAKASH BHATTACHARYA   02 August 2008 at 19:30

WHETHER SECRETARY OF A CO-OPERATIVE HOUSING SOCIETY CAN DELEGATE HIS POWER OR GIVE A POWER OF ATTORNEY.

DEAR SIRS,
THIS IS A QUESTION REGARDING A CO-OPERATIVE HOUSING SOCIETY IN KOLKATA WHERE THE WEST BENGAL STATE CO-OP. ACTS AND RULES ARE APPLICABLE. HOWEVER,IT MAY KINDLY BE NOTED THAT I FIND THE BASIC CO-OPERATIVE RULES ARE SIMILAR IN ALL THE STATES.IT IS ALSO FOUND THAT CLARIFICATIONS TO SUCH QUESTIONS
ARE NOT AVAILABLE IN THE BOOKS. HENCE THIS QUESTION.

IN CASE OF A CO-OPERATIVE HOUSING SOCITY, SECRETARY OF WHICH IS AN HONORARY POST AND REMAINS BUSY WITH HIS OWN EMPLOYMENT. SINCE, AT THE TIME OF TRANSFER OF FLATS ETC. THE SECRETARY HAS TO BE PRESENT IN THE OFFICE OF THE REGISTRAR OF ASSURANCE FOR PUTTING HIS SIGNATURE ON THE 'DEED OF CONVEYANCE'. DUE TO HIS PREOCCUPATION, IT BECOMES DIFFICULT FOR THE SECRETARY SOMETIMES TO MAKE HIMSELF AVAILABLE AT THE TIME OF SIGNING ON THE DEED OF CONVEYANCE, DUE TO WHICH THE MATTER GETS DELAYED. UNDER THE CIRCUMSTANCES, IS IT POSSIBLE THAT THE SECRETARY GIVES A'POWER OF ATTORNEY' TO ONE OF THE DIRECTOR OF THE CO-OPERATIVE HOUSING SOCIETY TO DISCHARGE THE DUTIES OF THE SECRETARY (SIGNING ON THE DEED OF CONVEYANCE FOR AND ON HIS BEHALF)FOR WHICH THE BOARD OF DIRECTORS WILL TAKE A RESOLUTION. ALTERNATIVELY, IS IT POSSIBLE THAT THE BOARD TAKES A RESOLUTION AUTHORISING THE SECRETARY AND ON EDIRECTOR TO DISCHARGE SUCH JOB.

SHALL BE GRATEFUL FOR A CLEAR CLARIFICATION.

Sriprakash Bhattacharya
bhattacharyasriprakash@gmail.com

Jayaram   02 August 2008 at 18:15

Auto DEbit of bank

Person A has obtained personal loan from a bank and signed the document to deduct the loan amount from the salary thro auto debit. the salary is credited in X bank where he has obtained personal loan. In the mean time before the loan tenure(48 months) he has decided to retire voluntarily.(Still 38 months of loan tenure is existing at the time of retirement) the loan amount is still pending to clear. the auto debit thro salary is stopped automatically because the salary is not credited in his account because of his retirement..In the Mean time A has obtained a portion of i.e.,10% retirement benefits which was credited in the same account. The bank manager without getting consent letter from the loanee using the auto debit tecniques deducted the entire loan amount from his account.(foreclousure). The problem is the consumer or loanee is not willing allow the entire foreclosure because he neither get his salary nor get his pension till the entire pension proposal verification process ends.To run his family 10% portion of amount of retirement benefits was given by the h.Q. it was deducted by the bank autodebit for the loan amount foreclosure. 90% of the pending benefits still has to come. the entire 10% of benefits is debited from his S.B account. Now the customer is now the customer not able to and mentaaly depressed.
Is there any violation of consumer protection prevails? the affected person wish to contact consumer court for the damaging his mental upset. Expers are invited to comment.

puja   31 July 2008 at 11:18

need urgent advice

Can a adopted girl child disown her parents(who adopts her)?



the query is: a girl who is the adopted child is abused by the parents who adopts her. they started abusing her and also torture and beat her. the reason being that a cousin of her left her house with a boy without intimating any one or her parents and they all are blaming this girl for this.
she is living in a rented premisies alone, all the relatives are now torturing her. she wants to get rid of all this stuff.

whts the remedy for her? can she disown her parents?



tell me the procedure? wht she can do? whts her remedy according to law?

R.Manivasagan   30 July 2008 at 19:52

Notary Public

I had 10 years of Bar Experience in Civil an Criminal side. Shall I become a Notary Public

T Nageswar Rao   29 July 2008 at 15:08

Cyber Law - Issue- abusive mails is been sent by using Orkut A/c.

Dear All,
As we know in Orkut(.com)account, its easy to access any account.The issue is somebody has accessed one of my friends' account and by changin the password, he/she has sent some abusive messages to others by using my friends account. Please let me know what action can be taken.Can we approach Police?

advocate satya   29 July 2008 at 14:27

third party insurance claim

hi i need some guidance from u all, in an accident no f.i.r is been registered by the partys since no injury happened and the offensive vehicle provided the copy of insurance policy to other party, but insurance company not setteled the matter and denied the claim, can this matter will be filed only on M.A.C.T court or can it be filed in consumer forum , since no F.I.R is there will the matter sustain in MACT court and the party if goes to consumer forum claim but he is not direct consumer but the offensive vehicle who provided the copy of insurance certificate is direct consumer of insurance company , but the owner of offensive vehicle is not turning up for any payment claim from his insurance company, kindly guide what to do?

Mohan   29 July 2008 at 12:41

Stampe Paper.

Maharashtra state's 100 Rs. Stamp paper is valid in Goa state ?

R.VENKATESAN   28 July 2008 at 13:35

Recovery of Debts Due to Banks and Financial Institutions Act, 1993.

A recovery certificate was issued by the Debts Recovery Tribunal. Thereafter the mortgaged property was auctioned by the Recovery Officer as provided under The Second Schedule to the Income Tax Act 1961 and as per the provisions of The Income Tax (Certificate proceedings) rules 1962.

The auction purchaser deposited the entire amount before the Recovery Officer. In the meanwhile, the mortgagor/borrowers filed writ petitions before the High court and the confirmation of sale was stayed.

In the meanwhile, the auction purchaser filed an application to deposit the bid amount in Interest bearing fixed deposit and the same was deposited in a Nationalised Bank.

The Writ petitions filed by the mortgagor/borrower were dismissed. The auction also confirmed by the Recovery Officer in favour of the auction purchaser.

The bank wanted to adjust the bid amount deposited with the accrued interest. The auction purchaser has filed an application seeking relief before the DRT stating that the interest amount has to be paid to the auction purchaser.

Whether the auction purchaser is entitled to the said relief. Any case laws on the said subject.