Vikram Chandra
12 October 2009 at 13:00
Can Any one inform me the legal position with regard to the issuance of second notice U/s.434 of the Companies Act ? As the first notice acknowledgment is not yet received from the postal department and to trace out the details from the postal department the earlier counsel who sent the 434 notice does not have any details and misplaced the postal receipts, thus excepting the office copy of the legal notice sent to the company under winding up, there is no evidence to show before the court that the creditor has sent the 434 notice substantially. What is the remedy can a second notice be sent now?
regards.
jeetendra Surti
12 October 2009 at 12:50
Dear Sir/Madam I was working for a partnership firm as director ops the company started in June 2009 i and my MD went to official trip to Malaysia and since the MD was a very gud friend of mine and since the company was new he requested me that you pls arrange your own air ticket fare and company will reimburse you later i did that and he also requested me to use my mobile phone for all ISD official calls and said company will reimburse that too & after we return when i ask for my money and salary of 32,0000/- he said will pay you later and then he demoted me to Business development manager saying yous salary will remain same and since ur contacts are gud pls help company in getting business and after 2 days he terminated me from my service when i was on sick leave and when i ask for my dues he is not willing to pay me and giving excuses Please help me what should i do now the company has given me appointment letter where they have said that i will be paid 32,0000/- salary and all expenses made on company behalf for visit for official purpose and even my mobile bill.
vincent gomez
12 October 2009 at 12:27
A friend of mine, a businessman, living in Golf Links area, New Delhi started his business in the name, namely "GHJ" and has filed name search with TM Office at Delhi last week, he was informed that it will take about ninety days to receive the reply from TM Office, Delhi about the availability of this name, namely "GHJ". In the meanwhile, he has noticed at some unscrupulous person is using his name,namely "GHJ". Hence, my friend wants to get this name, namely "GHJ" registered with the Sub-Registrar of documents at Delhi as a document of my friends business namely as his business name. If it is advisable, then kindly let me know the address of the Sub Registrar, Delhi of Golf Links area, which comes under Central Delhi Constituency, namely New Delhi-110003. Getting registered as a document with the sub registrar, Delhi will it help my friend in the long run, kindly let me know and oblige.
kaushikphm
12 October 2009 at 12:19
Dear Sir,
My sister and myself plan to partition our property which is in both are owners.
I am going to take a shop in the groundfloor. The shop which is rented, my sister received some amount from the tenant of the shop and tenant is adjusting her rent for the debt and she is not having money to pay principal amount to release the debt. She is advising me to receive monthy rent by her from other tenant without disturbing the said tenant for some month after partition. She has been issuing monthly rent receipt to the tenant.
Please advise me whether we can accept her advise.
jankidas
12 October 2009 at 12:18
BACKGROUND :
When the sons were minor, certain ancestral agricultural lands were partitioned and registered in the name of the father , two out of seven brothers, grandmother, and mother to save the same from land ceiling. The remaining agricultural land remained in the name of the father, though it is ancestral. The books of account are common for all the income from various assets though registered in different names. The income tax return is filed separately for partitioned assets in the name of the brother, mother and in the name of the father which also has rental income from shops.
QUERY:
Now Sir, my query is:
(1) What is the status of the land received by father on partition ? Whether it is individual or H.U.F.?
(2) Whether the brothers in whose name the agricultural lands were registered to save it from land ceiling , do still have right in the non partitioned agricultural land(standing in the name of the father )? If yes, what will be the status of the land so received by the sons on its partition -individual or H.U.F.?
Thanks.
k.chandrasekharan
12 October 2009 at 12:14
A registrar in a presidency town registers conveyance deed covering property in a different state. He does not forward a copy of the deed to the jurisdictional sub-registrar. Consequently, no entry in the encumbrance certificate appears. Bona-fide subsequent purchaser suffers litigation from the original owner. what is the status of the property ?
deepika menda
12 October 2009 at 11:53
If husbands purchase property in the name of their wives are the wives benami holders of the said property?
If yes, then are there any exceptions to the rule?
Ajitha
12 October 2009 at 11:43
Respected Sir/Madam,
I need to get clarify my doubts.
I was so depressed about my family life. I have so many issues and problems; I just want to know only one thing.
I am an ITP Patient and I am also Pregnant, I am expecting my delivery in May 2010 but all the doctors said that the delivery might be very critical, because of my disease I may die due to loss of blood or due to any reasons of medical miracle. So I wish to safe guard my unborn child in some way, though I hesitate both the family members more over I am not interested to give my unborn child to them. Mostly I need my child should be brought up by a well organized orphanage or any couples who wish to adopt (with sincerity). Because being with my circle of family circumstance will definitely spoil his/her mind, instead I prefer my child would be an orphan. I trust that an orphan can be good and be more self confidence but a child who is with parents and relations are getting worse. I am not 100% sure I will die or I will be alive, but if I die that time I shouldn’t feel that I missed all these things.
For that I prefer to make an document relating to my desires for a unborn child, not only an desires my intention to make my child safe. That how he/she should, where to stay and etc…. and all my jewels, money and assets (were I spent for it) all things will be in that deed. And I also written some wordings like a booklet to my child (which specifies all about our family relations, my feelings etc..Etc..)
Now my question is
1. Before my death did I want to register the deed?
2. Whether deed should be in Bond paper or an ordinary paper?
3. Will this deed be accepted by court of law? Because to avoid any problem from my husband side?
4. Whom should I need to submit this deed before anything happen to me?
5. Will I get any problem for me/unborn child by doing this?
6. If so how to over come that issue?
Please advice me on this regards.
Thanks for your time and consideration.
Regards,
Ajithakumar
CS Sandip
12 October 2009 at 10:19
Dear Advocates
Plz suggest me on the below given matter.
After the Separation of HUF family of 3 brothers they want to divide their HUF land withing them legally. Actually they have given by Panch (some ppl of village) dividation of land as per their own choice. Now there is dispute and elder brother wants the share given to other one brother against his own share. On that basis he is not ready to make legal dividation and regiter the land on each name.
Their father and mother ready to trf. land on his sons name bt problem of elder brother they cant do so. He is not giving consent/ sign for such trf.
1) Wht should the wayout for this trf. of property on legal heirs.
2) Can father make any will of property ?
3) Without consent of elder brother other two brother can or father can trf his property to his sons?
plz reply me.
Waiting.
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Hindu succession amendment Act.2009
Dear LCI forum members,
I AM SORRY IT IS "HINDU SUCCESSION AMENDMENT ACT. 2005"(not 2009).
The following is the Query/Discussion raised by Mr.sahadev k, as am interested to know/see the logical end of the Discussion; Especially in contest of A P state.
QUOTE:
**"I thank all who responded. I am aware that four states AP,TN,KARNATAKA AND MAH passed amendments at various dates . These acts restricted eligibility of daughters married or born after a certain date. The Central Act of 2005 removed the restriction on date of marriage or birth etc. I request all to go through the following judgements and get updated please.
1. DAMALANKA GANGARAJU AND OTHERS VS . NANDIPATI VIJAYA LAKSHMI AND OTHERS- AP HIGH COURT, 21ST MAR, 2007
2. SUGALABAI VS.GUNDAPPA A MARADI AND OTHERS -KARNAKATA HC 18TH SEP, 2007
3. PRAVAT CHANDRA PATNAIK AND OTHERS VS. SARAT CHANDRA PATTNAIK AND OTHERS ORISSA HIGH COURT - 12TH MARCH, 2008
4. N JANGI REDDY AND OTHERS VS YELLARAM NARSIMHA REDDY AND OTHERS 3RD OCT, 2007.
Thus all restrictions on date of marriage ,date of birth before,unmarried have been struck down after the above judgements. Also the supremacy of the Central Act of 2005 over various state amendments has been upheld in the above judgements.
Now this leaves with only one question i.e, the Madras HC judgement that a Hindu lady's father should have passed away after 29-3-1989, when the act was amended in TN. Here, Central Amendment Act, 2005 makes it clear that Section 6 of the Principal Act stood substituted by the new section 6 and for all practical purposes, the new Section 6 will have to be read as having been incorporated into the Principal Act from day one itself.
His Lordship Justice Vivian Bose in the case of Shamrao V. Parulekar v. DistrictMagistrate, Thana, Bombay AIR 1952 SC 324 which observations as under :
" that the rule is that when a subsequent Act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then
the earlier Act must thereafter be read and construed as if the altered words
had been written into the earlier Act with pen and ink and the old words scored
out so that thereafter there is no need to refer to the amending Act at all.
So is it not that the new section 6 of Central Act of 2005 is part of Hindu Succession Act, 1956 from day one itself ?"** UN QUOTE.
BY sahadev k, posted on 22 june 2009 is not answered can Learned forum members concludes this please.
With regards.