oyayubihime
13 September 2016 at 20:03
My CA said "personally"mean "physically". So Video conference is not permitted.
Kindly advice me if you are CS expert, two members "physically" present is required for AGM of Pvt. Ltd according to follow rule?
[(-) in the case of a private company, two members personally present,shall be the quorum for a meeting of the company.]
by SS - 2 SECRETARIAL STANDARD ON GENERAL MEETINGS
BISWAJIT SENGUPTA
13 September 2016 at 20:03
Sir,
I am an executive officer have been working with the company since 1980 and had got promotion from clerical grade to executive officer post from 2001. The company has closed under suspension of work in Nov 2005 on No work no pay basis.The company applied for sick industry in Bifr and subsequently Bifr approved the scheme. In Btfr order it has been mentioned that the company reopened on 2009. But some employees including myself have not been informed. The company has reopened the business in same place and within 5 years. At this moment I have retired from my service on 3rd October 2015 as per service rules of the company i.e. 58 years is the retirement age. Till date the company does not bother to ask me to go and take all my dues like PF, gratuity, leave salary, salary and other benefits. Sir, please advice me what steps I have to take and what claims I have to lodge to the company in this regard and also tell me is it legal claim?
Please sir advice me.
L V Subramaniam
13 September 2016 at 13:49
Can the charity Commissioner Bombayhave jurisdiction over an immovable property belonging to a registered charitable trust situated in Bangalore Karnataka charitable trust registered under BPT act 1950 having its a regd office merely on records of charity commissioner and in reality do not have any property or office in Mumbai since three decades and the red office having vacated long ago by the original promoter therefore having no regd office in Mumbai ., having its immovable property in the state of karnataka and all life trustees permanent residents in Karnataka particularly in the light of Supreme court judgement (civil appeal 2409 of 2006 arising out of SLP (Civil) NO 4529 of 2003 dt 2.5.2006 Nautam Praksh D.G.S.V.C ., Vadtal& ors v.K.K.Thakkar & ors Supreme court judgment summary comments "Bombay Public Trust ACt (4 of 1950) S.41 Bombay charity commissioner(Regional Reorganisation )Order 1960 C1 4(b) Administration of TRust - Trust situated in STate of Gujarat i.e. GujaratGujarat Region-Only some properties of Trust are situated in Maharashtra region-aApplication filed by respondent claiming himself to be member of Trust before Assistant charity commissioner GREateerr Bombay under sec41A and 41 B for apppointment of proper persons and trustees of said Trust -Jurisdiction of charity commissioner,Bombay held to be confined only management of property situate within the state of maharashtra and not in relation to entire -However any application allegeging mismanagement of Trust maybe forwarded to Assistant charity Commissioner Gujarat W.P.NO 1519 of 2002 dt 25.09. 2002 Reversed Doctrines : -Doctrine of lex situs The field of legislation in respect of religious endowments and religious institutions is referable gto Item 28 of List III of the Seventh Schedule of the Constitution of India .Ordinarily therefore the Legislation enacted by a STate will be applicable only within the territorial limits thereof. There is a general presumption that, the legislature does not intend to exceed its jurisdiction. An act relating to religious and charitable institutions would be presumed to be applicable only inrespect of the properties or any part thereof situate in the STateThe 1960 Act however makes the provision explicit,clear and unambiguous. The Property of TRust situate within Maharashtra region in terms of CI 4(b) Order is to be deemed to be registered wsith the charity commissioner Bombay.The said authority could thus have exercised its jurisdiction only in respect of that property.It had no jurisdiction in relation to the administration of the entire trustas the office of the Trust is situate within the STate of Gujarat.The Assistant charity commissioner therefore could not have issue direction as prayed for in the application filed before it by respondent A statutory authority as is well known, must exercise its jurisdiction within the four corners of the statute.It cannot go beyond the same Thus the jurisdiction of the charity commissioner Bombay must be held ggo be confined only to themanagement of property situate within the State of Maharashtra and not in relation to the entire Trust However in the event such an application is filed indisputably the same has to be determined on its own merit. Therefore any such application alleging mismanagement of the Trust , if filed may be forwarded to the Assistant charity commissioner Gujarat who shall deal with it (PARAS 24,28,29) Cases referred chronogical paras( AIR 1969SC566 26 AIR 1968 sc422 27 AIR 1963 SC853 25 AIR 1959SC 1002 25 AIR 1955 SC 590 23 AIR 1954 SC 340 24 The Parliament enacted the Bombay Reorganisation Act 1960 in terms of whereof thre STate of gujarat was carved out of the ?STate of Bombay In anticipation of such reorganisation , the Legislature of the State of Bombay enacted the Bombay STatutory Corporations (Regional ActXXI of 1960) section 3 3(1) hereof read as under: 3(1) If it appears to the STate Govvernment expedient that any existing corporation which is operating and functioning immediately before the commencement of this Act should be dissolved or that it should be recohstituted and reorganised so that there are established or functioning separatecorporations for the Mhahrashtra and Gujarat regions. that Government may by or make provision for such dissolution or reconstitution and reorganisation of such existing corporation The said provision was intended to the institution of charity commissioner "By virtu of Legal department order No12921 /E dated the 28th april 1960 the charity commissioner Bombay a corporation sole was reconstituted and reorganised so as to constitute a new corporation for Gujarat region and to reconstitute the existing corporation to function for Maharashtra Region Clauses 4(b) & c, 5 and 6 (a) & (b) read thus "4 Registration of public trusts where property or office is situate-in the case of a public trust duly registered under the ACt before the appointed day or deemed to be so registered if, immediately before that day The BPT Act sec 28A states thus Copy of entries relatting immovable property to be Sub Registrar:The Deputy or charity commssioner shall send a memorandum in the prescribed form containing entries inclduing the entry of the name and description of the public trust relating immovable property of such publc trust made by him in the register kept under section 17 of BPT act : (i) to the Sub Registrar of the su district appointed under the Indian Rgistration Act 1908 in which immovable property is situate in The case of registered of Union registered under indian trade unions act 1926 gave registered office in a building acquired on rental in Mumbai by the management as part of a facility to house union office and since union was the promoter of the trust it assumed it had the right to house the trust promoted by them and accordingly gave that address which is no longer applicable as the management themselves vacated the building and consequently union had to vacate but did not want to change the address of the trust to the new premises to which they moved because of internal disputes Therefore the Trust cannot be said to be situated in Mumbai where is no office neither registered nor even an administrative Besides the trust has no property in Mumbai or maharashtra and the immovable property is the state of karnataka Therefore it was the duty of charity commissioner under section 28A to advise the Sub Registrar of Bangalore all details of the property and the trust should be deemed to have been registered karnataka under the relevant law under which charitable trusts registered in Karnatkaa The simple question is consequent on state reorganisation would the charity commissioner have jurisdiction over the property outside the state of maharashtra which not withstanding the absence of similar legislature akin BPT act 1950. It was the statutory duty of the charity commissioner to send all details of the property on his record to sub registrar under Indian registration act
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Arnav
12 September 2016 at 10:47
Sorry for my language. But here I m facing wired situation. I m working in One pvt. ltd. Logistic company who handles export & import at sea port area. Now they r closing their yard ( Container freight station). They r unable to give proper reason for that cause. I as employee of company never seeing any major cause to shut down C.F S. Is their any legal way to compel company management to show cause behind shut down.
Anonymous
11 September 2016 at 22:41
Hi , we had setup a private limited company in 2012 in Hyderabad and was doing business till 2015 and then we incurred heavy losses , to run some projects we had taken an unsecured loan from outside person who is related to managing director , now the company is in losses and the managing director is pressurizing me to accept his resignation and threatening me . The other director is relative of him and he is getting his resignation accepted by him . What are the actions that can be taken and what are the consequences of the the unsecured loan that has been taken , will I be responsible as director and would everything come up on me for the money to be repaid . Please help me out of this situation
Thanks in Advance
Deepak Aggarwal
10 September 2016 at 14:32
Dear Experts,
I am working as a Permanent employee in Pvt Ltd IT firm. I have been working here since October 2015. I have put down my paper on 9th September 2016 as I got a job in another firm. Notice period in my organization is 3 months. But considering my experience level no organization will wait for 3 months. Considering this I lied to the new firm that notice period is 2 months. This firm is ready to wait for 2 months but my problem is my current firm is not willing to relieve me. Following are the clauses mentioned in my Offer letter regarding termination of service.
2.Termination and Notice:
2.1. Upon confirmation of your employment , either party may terminate the contract by giving three(3) month’s notice or three (3) month’s salary in lieu of notice.
-------------------------------------------
I have requested them to relieve me after completion of 2 months of my notice period and remaining 1 month , I will buy-out . Unfortunately , they have rejected my request and told me that I have to serve the complete notice period of 3 months. The offer letter doesn’t mention anywhere that Payment of salary in lieu of notice period shall be at the sole discretion of the Company.
I find this very unfair. Is there any legal way (any clause in employment law) using which I can serve only two months of notice period and buyout the remaining one , and also get my experience letter? Also, Can I enforce notice period buyout from my company?
Vijaya Bhaskar 
10 September 2016 at 10:40
Dear learned experts,
We are a charitable trust registered under Bombay Public Trust Act.
We would like to add the aims and objectives and amend few clauses to the revised trust deed.
We have approached a lawyer and the lawyer said since the Bombay public trust act is abolished, we need to seek direction under section 92 of civil procedure.
As per our trust deed there is a clause which states that we need to take prior approval from commissioner of income tax for any amendments.
We have approached the income tax commissioner intimating that we would like to have amendments to the revised trust deed.
Should we take first the approval from commissioner of income tax or seek directions under section 92 of civil procedure or vice versa.
Please guide us with your valuable suggestions.
Thanking you in anticipation.
Naveen
09 September 2016 at 13:50
Dear Sir/madam,
I had recently resigned from my present employer and given 47 days notice communication and ready to pay balance 13 days to employer (60 days notice as per appointment letter). Have got the acknowledgement from the employer in the form of Resignation Acceptance Letter.
But, my line manager asked me to submit the laptop and company sim card on the very next day of my resignation and blocked the mail id as well. Normally this will happen whenever there is an integrity issue. Now here the situation is clearly ego. The same thing has happened to one of my collegue as well who resigned on the same day.
This is actually embarassing us to be with de-link from the work and sit at idle till our last working day.
My queries in this regard are..
1. Although he is at "power of authority", can he voilate the exit procedure?
2. He is ready to pay the notice period but taken laptop & sim card on very next day. This is very embarassing and creating false impression in the job market on our career.
3.This is creating lot of mental agony and frustration because of this kind of exit. Can I send a legal notice to the employer (line manager. If so I have to send the legal notice during my notice period or even after getting full & final settlement from the employer?
4.If I send the notice, Can I join with any other organisation after my last working day (as per resignation letter)?
I want to initiate this and expecting this will not happen in future with my other collegues, because this is how he will treat the employees who reports in his division.
Please suggest.
Thanks,
Naveen
Anonymous
06 September 2016 at 15:46
Dear sir,
Hope you are fine. Sir i had recieved 13(2) notice 2months back. Than i requested to bank not to further as dispute with my supplier of kitchen chimneys is about to sorted out.
But BM did his job served 13(4) notice and symbolic possesion, there after i had to compromise with the company on thier terms as i was in pressure of bank.
But as i mailed ro office and gm office kindly regularise my account and waive of any charges but they are refusing and i am ready to give amount over the limit.
And pls guide what is the procedure to regularise the account as no one is giving us in written about regularisation of account.?
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Employment bond
Hello Dears.
I signed an employment bond with company for two year which is completed on 06/01/2016, Please advice is there any legal notice is required after completion of employment bond. its urgent because my company ask me to give notice for two month.
its Urgent...
Thanks in advance.