LAWYER ASSOCIATES
20 August 2019 at 16:23
1. Whether proof of delivery of notice of agm is required to be kept?
2. What is the proof of delivery of notice sent via courier?
3. If courier does not come back, is this a sufficient proof of delivery to recepient?
4. Whether denial of notice of agm served by hand shall be treated as notice served? Director after reading notice of agm returned and denied to receive it.
Rohitash Kumar Arya
19 August 2019 at 17:03
Whether stamp duty is payable in uttar pradesh on immovable property when subsidiary companies gets merged into parent company by transfer of 99.04%shares in 2013
Anonymous
12 August 2019 at 12:42
My company is involved in consulting foreign companies on entry to India. Recently, we charged a company from New Zealand USD 1000 for our services. The transaction was confirmed through an agreement and invoice. As per the agreement, amount paid is non-refundable under any circumstances. The New Zealand company has signed the same.�
Secondly, the services to be delivered had a lead time of 3-4 weeka as already informed to our client.�
They remitted the payment on 2nd Aug, it arrived in our account on 5th July. The amount got credited in our bank account.�
On 7th Aug, I noticed that my account balance reduced and on investigating, I found that the USD 1000 amount was marked "lien". .
1) The bank marked the amount lien without any consultation with me, did not even inform me that they are marking lien.�
2) As per the bank, they received a "recall request" from the foreign bank based on which they marked lien. As per my bank, they say that foreign bank claims that this is a fraudulant trabsacrion and wants to recall the funds.�
As I said, I have the following:�
1) Signed contract from our client (remitter of the funds)�
2)Invoice that we issued.�
3) Lead time for service delivery is 3-4 weeks, while recall came in just 2 days of funds receipr.�
Just for your info., we are banking with the same bank / branch for 5 yrs and receive international transfers very regularly and have never had any troubles.�
My main questions are:�
1) Does the bank reserve the right to mark lien without consultation / consent from me?�
2) Even if they mark lien, isn't the bank supposed to atleast inform me?�
3) Shouldn't the bank have waited for any firm proof of "fraud" transaction as claimed by the foreign bank?�
The reason for recall request seems ro be that remitter got nervous and wanted to call off the transaction.��
I had a word with the remitter on 9th Aug and they said that this must be an error or some security measure by their bank.�
They have written to me on email that they have no objection to the transaction.�
My bankers say that they'll remove the lien after the foreign bank replies and asks them to remove the same.�
What is your opinion on this situation?�
Anonymous
28 July 2019 at 14:25
Promoter of a listed company on NSE AND BSE has teamed up with a market operator and they have opened multiple accounts with brokers and bought shares in the brokers by paying part margin money . The promoters have sold the shares which were bought in the trading accounts so opened with the brokers.
The brokers are now stuck with shares which they cannot sell . it is organized criminal racket created by the promoter and operator . We want to take appropriate legal action against the promoter and this accomplice . please advice experts
sailu
26 July 2019 at 12:56
Dear Sir,
Please Advice for below as.
Tenure of Work order.(Validity).
Anonymous
19 July 2019 at 09:10
What are the law firm that can help a corporate to drafting a Tender documents/RFP and contract to be concluded with domestic and or Foreign parties.
Are there any slandered tender documents and contract documents for turnkey work involving material & services.
Anonymous
10 July 2019 at 14:40
My Bank Guarantee has been expired on 10.10.2008. It was given as a performance in favor of xyz against the contract awarded. The contract was terminated in March 2010. I have a dispute with the departement. I have given a legal notice to that extent. I have asked the Department to give back the BG originail as it it is expired and no use for them. They have not responded. I have approached the Bank to discharge my BG. They have asked for Original BG. I have informed that is not necessary as the BG is already expired long back. They have told that it is certain that we will not invoke the BG after expire date; but dicharge the BG original BG is required; that is the Bank Rule. Anyy body advise in this context. Is there any such rule either in Banking Laws or in legal paralance?
A Sen
04 July 2019 at 09:43
My questions to the learned forum arises from observing how SBI Cards recovery agents are mentally, emotionally and verbally harassing a recently widowed senior citizen on the credit card dues of her deceased spouse who was the principal holder and she was a supplementary/add-on card holder and seldom used her card.
The recovery card agents statements try to link, apart from their usual derogatory verbal communications from virtual numbers (no call back numbers) – which is against the established norms set by the Master Circular regarding Credit Card and BCSBI norms, run around the following two declarations of the Most Important Terms and Conditions (MITCs) declaration of SBI Cards:
1. Terms and Conditions Governing Credit Card facilities shall be applicable to the Supplementary /Add on Cardholder as well.
2. The total Outstanding on the Card Account, together with the amount of any Charges effected but not yet charged to the Card Account, will become immediately due and payable in full to SBICPSL on bankruptcy or death of the Primary Cardholder and the Card Account shall immediately stand cancelled. The Primary Cardholder's estate will be responsible for settling any Outstanding on the Card Account and should keep SBICPSL indemnified against all costs including legal fees and expenses incurred in recovering such Outstanding. Pending such repayment, SBICPSL will be entitled to continue to levy finance charges at its prevailing rate.
My questions to the learned forum are:
1. Since credit card is an unsecured personal loan agreement between the principal holder and the bank, and the add-on card holder’s card was dependent on the principal holders and its issuance/termination is dependent on the status of the principal holder, under which legal provision SBI states that all the responsibility of due falls on add-on card holder after the demise of the principal holder, whereas during the life of principal holder, all liabilities of dues of both cards were on the principal holder alone – under which Indian law this antipodal reversal of role is possible when a credit card issuance does not require a mortgage/guarantor;
2. Since it is an unsecured personal loan, thus not covered under SARFAESI Act, under which legal provision the bank declares that on demise of the Principal holder, the estate of the principal holder will be responsible for recovery of dues. I am aware that the exact phrases are used in some of the USA States (not in most), but under which legal provision can the bank make the estate of principal holder be responsible for the repayment of an unsecured personal loan without mortgage/guarantor.
It is important to note that I have seen similar cases with private banks (ICICI) that on reporting demise report with original copy of death certificate, block the card and credit card loan has been waived off and the case terminated.
Harshad Sakpal
03 July 2019 at 18:04
Dear Sir / Mam,
Please suggest me how to register a complain against website developer for cheating and fraud.
One website developer has cheated me on agreement documentation and toked all the developer charges by blackmail me for website, now he is not ready to return the money nether website. Please guide me what to do to inform consumer forum to take strict action against this kind of peoples.
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Proof of delivery of notice of egm is required to be kept
Proof of delivery of notice of egm is required to be kept by company