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Smruti   16 April 2018 at 09:06

What are special problems of proof of infringement

Dear Sir/Madam Please explain with example Special problems of Proof of Infringement: a)Status of Intellectual property in transit-TRIPS obligation-Indian position b)The evidentiary problems in action of passing off Regards AKS

Pushkar Kumar   05 April 2018 at 23:23

Union bank of india, case of delay and conspiracy

Sir/Madam,

We are a startup based out at Jalandhar Punjab, We approached Union Bank of India, main branch Jalandhar for their loan product Union Startup Scheme. At first they clearly said 'NO' when they came to know that we are looking for the loan to be covered under CGTMSE. When we asked to provide a written reply, they kept us doing followups, calls, writing emails and we got a letter stating illogical reasons in the month of January, 2018 ( This happend because we had approached the DGM with our complaint about the delay.

We wrote to Banking Ombudsman, Chandigarh where the bank was severely warned and asked to produce fresh reasons if they are not approving the proposal, the bank then submitted two different replies one by the DGM and other by the Regional Head.
Both wrote arbitrary points like
1.Our credit worthiness not good as my landlord gave negative feedback but the fact is no one from the bank came to meet our landlord.
2. Similarly they wrote that we couldn't provide answers to their questions, but they never asked any question.

We now want justice on this, they have written 'anything' but completely different from what we got as the first reply.
We have voice clippings to support our points.

What should we do now?

Patanjali Dhar   04 April 2018 at 21:33

Liabilty of the financial institution to the frauds and prin

An Employee in a Bank fradulently sells the property of the Bank to a third person. The third person without due diligence makes the payment and asks the .Bank to hand over the possession of the property? As per the property laws, Corporate laws etc., is it incumbent on the Bank to hand over the possession of the property to the third person? If RBI advises the Bank to honour the transaction made fradulently by an Employee and accepted by third person without due diligence.What is the legal position?

ii) In case of PNB Nirav Modi fraud, a few Employees of the Bank fradulently issue LOU worth thosands of Crores. The Indian Banks in foreign countries honour these LOUs without due diligence, when they knew that LOUs in India are issued for 3 months and they have been issued for 1 year. RBI is reportedly said to have advised Bank to honour these fradulent LOUs. Whether it is incumbent on the Bank to honour all the fradulent documents/ transactions, when it is clear that with due diligence such fraud would have been detected by the Indian Banks located in foreign countries? What is the legal position? If a precedent is created in PNB, then all the financial Institutes would be liable to honour transactions made fradulently?
iii) I am a minority share holder in PNB. If they honour fradulent transactions worth thousands of crores, they are intentionally causing huge losses to the Bank and consequently causing loss to all the shareholders. Can I file a case against Bank for wilfully causing loss by honouring fradulent transactions and claim compensation?
iv) Can any Advocate file my case de bono?

Anonymous   04 April 2018 at 08:19

Award set aside, re arbitration possible ?

Arbitral Award passed in 2012.

Respondent Filed Petition u/s 34 in 2013.

Defense taken that he had no knowledge of Award.

Arbitral Award Set Aside By Court in in 2018.

Now, What should Claimant do to recover his Money?

Can he go for Re-Arbitration after so many years ?

Regards

Johny   03 April 2018 at 21:45

It act 2008-(i shared us people contact no & gmail ids)

Hi Sir,
My one of friend shared one Excel sheet of his company.It will contains Us people mail id & Phone numbers.
I will shared that to others persons.After that my friend company file a case on me as per IT ACT 2008 U/S 41A in cyber crime statation as i will share confidencial data to other.
1)It will call confidential data or no not because it will access to total no employees in his company?
2)any possiblety for arrest me at the time of attending cyber crime statation?

Mukesh   01 April 2018 at 20:33

Implications of personal guarantee (without mortgage)

Sir,
Please advice me regarding the following issue:
1. One of the firm in Ahmedabad (Roller Flour mill) took term loan of Rs.2.50 crore from GIIC, Ahmedabad in 1996. During 2006, GIIC has filed a civil suit for recovery of dues to the tune of Rs.11 crore.
2. BIFR has declared the unit as Sick Unit 2. I have given personal guarantee.
3. In the details of property column, the details of property which is given is dubious. Neither I have submitted any papers related to my property.
4. In fact, i was an employee working for the company. But he made me as Director (on papers).
5. As on date, I dont have any property. But I am a Govt. employee. Please advice regarding the legal implications on me.

syed niaz ahmed shah   31 March 2018 at 14:57

Partnership


1) as minors are not liable for liability and as Deceased person now has his wife who takes 1/8 of his share and rest go to his children son and daughter as legal heirs then how will liability distributed among the partners as another is his brother who wants to take over the firm .
My query is if deceased�s wife and guardian decides not relinquish shares to deceased�s brother
Does this mean Deceased�s wife takes over only 1/8 liability and asset and capital of The deceased person while children take rest of asset and capital of Deceased person while The other partner takes his share of liability and rest of Deceased�s liability ( less by 1/8 which deceased�s wife takes )

sandip   31 March 2018 at 11:09

Npa for loan sanctioned under cgtsme - entrepreneurs angle

Ours is a manufacturing unit of hydro electric system. The company was sanctioned 50 lakhs cash credit under CGTSME. It was doing fine till 2014 and was paying bank's dues regularly. But it turned NPA in 2016 due to non-payment of outstanding dues by Government clients. The company management had been continuously following up with the clients for payment, but there has been no response. The bank has been kept informed of the situation on regular basis. Neither the company nor the directors have funds to pay off the loan. The bank has proceeded for recovery. I would like to know what the entrepreneur can do under the circumstances and what proceedings are likely to be taken against the directors?
Thanks.

Read more at: http://www.lawyersclubindia.com/profile.asp?member_id=49405

V.N.K. MENON   31 March 2018 at 06:15

Dissolution of partnership

I am a partner in a partnership firm [ not LLP] alongwith other 3 partners. Two of the partners including me want to dissolve the partnership for one or two of the reasons mentioned S-44. Please inform which forum/ court is competent to entertain the petition. Whether any new enactment has been made that only CLB is competent to accept the petition. Shall be thankful for the valued guidance of the experts.

Abhishek R   27 March 2018 at 19:10

Standing of a director of a closed company

Sir,
If a director of a company filed a case, and his company is stricken off. What is the standing of the case? The case is about forgery and the director individually also suffered due to forgery of accused.
Kindly advise.

Regards.