LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Suresh C Mishra   11 October 2009 at 10:37

PF member to withdraw his dues from trust of company

sir my cleint has been retired on 1 jan,2009 but till today No fund amount has been given to him in spite of his complaint to RPFC ? What I can do to get it very soon ? He is seriously ill ? need money urgent ? Company runs provident fund trust ? Is any remedy against him in HCfor getting direction agaisnt trust?

queryking   11 October 2009 at 10:34

summons to pardanashin lady

what is the procedure to serve the notice on the pardanashin women

Sachin   11 October 2009 at 10:31

Releasing right in HUF property

Hi

My father had purchased the flat in Mumbai. He expired in 1975 and loan against the flat was settled through his PF/Gratuaty settlement.

Few years back we signed affedevit, so that share certificate can be transferred in our mother's name.

Now I want to release my right in favour of my sister. She will pay some amount for the same.

We want to do this in such a way that till my mother is alive she would have the right on the flat where she is staying and after her my sister would get the complete right over the flat.

Also can I show the amount I am receiving as HUF property/right sell and get the tax exemption?

regards

Sachin

Dr C Suresh   11 October 2009 at 10:12

Jurisdiction after trial starts

I have a case under trial in DRT. The bank has closed its evidence. Recently during cross of the legal officer we found out that this institution doesnot have any license to do lending business. Can we file for dismissal on jurisdiction grounds after trial has started. If yes can anyone please refer any case law. thanks

Sumir   11 October 2009 at 00:38

False logo

Under which sec usage of false logo punisable?
Can third party (not related to the party whose logo has been used falsely complain)

Raj   10 October 2009 at 23:31

PVT. LTD. Company

I registered a PVT LTD Company in Mumbai few years back and due to some circumstances could not operate it or did not do any business. Till date i have not even filed a written with IT department or opened any Bank Account. The Company has two Directors from which one doesn't wish to carry on with me.

Q. Can i carry on with the Company without the other Director ?

Q. Is it correct to manage and run a company with a single Director ?

Q. How do i make it clear that the other Director is retired legally ?


Raj   10 October 2009 at 23:28

PVT. LTD Company

Prateek Biyani   10 October 2009 at 22:41

terminology

Sir plz tell me what is "kaviat" in a general language. Also clear what is SLP (which is recently filed by CG in Reliance case)

Adinath@Avinash Patil   10 October 2009 at 20:23

ADVOCATES ACT CASES LAWS

ADVOCATES ACT CASE LAWS----
1)ADVOCATES ACT,1961-SEC-35-PROFESSIONAL MISCONDUCT BY APRACTING ADVOCATE-APPELLANT A PRACTCING ADVOCATE WAS REPERESENTING THE OPPOSITE PARTY TO THE RESPONDENT-THAT THE CASE WAS DECIDED ON THE BASIS OF A COMPROMISE-AFTER THE DECISION OF THAT CASE THE APPELLANT/ADVOCATE TOOK A HAND LOAN OF RS.3000/- FROM THE RESPONDENT AND THE APPELLANT ALSO GAVE RESPONDENT A POST DATED CHEQUE AS A MEASURE OF PAMENT –BUT THE CHEQUE WAS BOUNCED-RESPONDENT THEN FILED APPLICATION AGAINST THE APPELLANT FOR PROFESSIONAL MISCONDUCT –THE APPELLANT WHILE TAKING A HAND LOAN WAS NOT ACTING AS AN ADVOCATE-HE WAS ACTING ONLY AS A NEEDY PERSON AND THE RESPONDENT AS A CREDITOR-HENCE THE APPELLANT CAN NOT BE GUILTY OF ANY PROFESSIONAL MISCONDUCT-FURTHER, BY ORDER OF THIS COURT THE APPELLANT HAD DEPOSITED RS.3000/- IN THE REGISTRY-HE IS LIABLE TO PAY RS.1000/- MORE AS A COST TO THE RESPONDENT –PUNISHMENT SET ASIDE AND COMPLAINT DISMISSED.
[1999 SAR [CIVIL] 119.]
2]
A] ADVOCATES ACT,1961-SEC-35-PROFESSIONAL MISCONDUCT OR OTHER MISCONDUCT ON THE PART OF ADVOCATE-SCOPE OF- RESPONDENT WAS EARLIER AN ADVOCATE-SELECTED AS A JUDICIAL MAGISTRATE-HE THEREFORE ,GOT HIS LICENCE TO PRACTISE SUSPENDED- AFTER SOME YEARS WHILE IN JUDICIAL SERVICE HE WAS PROSECUTED FOR TAKING OF BRIBE AND ULTIMATELY DISMISSED FROM SEVICE-HE THUS APPLIED TO BAR COUNCIL TO PERMIT HIM TO RESUME HIS PRACTICE AS AN ADVOCATE AND WAS ALLOWED- SOME OTHER ADVOCATES MADE COMPLAINT AGAINST HIM THAT HE WAS DISMISSED FOR OFFENCE OF BRIBERY HE SHOULD NOT ALLOWED TO PRACTCE AND ACTION BE TAKEN AGAINST HIM U/S 35 OF THE ACT FOR PROFESSIONAL MISCONDUCT – IT IS N OT THE CASE OF APPELLANTS THAT AFTER RESUMPTION OF PRACTICE RESPONDENT HAD COMMITED ANY MISSCONDUCT AS AN ADVOCATE- FOR HIS PAST DELIQUENCY HE WAS PUNISHED- PROFESSIONAL MISCONDUCT CANNOT BE COMMITTED BY ANY ONE WHO IS NOT PRACTISING THE PROFESSION OF LAW BEING AN ADVOCATE ON ROLL OF BAR COUNCIL-IN THE CIRCUMSTANCES OF THE CASE THE ORDER OF BAR COUNCIL OF INDIA THAT NO CASE OF PROFESSIONAL MISCONDUCT ON THE PART OF RESPONENT ADVOCATE IS PROVED UPHELD – APPEAL DISMISSED.
B] WORDS AND PHRASES- EXPRESSION “ OTHER MOSCONDUCT” IN SEC.35[1] OF ADVOCATES ACT,1961- MEANING AND SCOPE-DIFFERENCE BETWEEN “PROFESSIONAL MISCONDUCT” AND “OTHER MISCONDUCT”-“OTHER MISCONDUCT” WOULD INCLUDE MISCONDUCT COMMITTED BY ADVOCATE NOT IN HIS CAPACITY AS PROFESSIONAL BUT IS ANY OTHER CAPACITY.
[1999 SAR [CIVIL] 119.]
CASES REFFERED – AIR 1956 SC 102, AIR 1958 AP 209
3] LEGAL PRIFESSION – NATURE AND REQUIREMENTS OF- LEGAL PROFESSION IS A NOBEL ONE HAVING HIGH TRADIIONS-ANY MEMBER OF THE PROFESSION FALLING FROM SUCH STADARADS DESERVES PUNISHMENT COMMENSURATE WITH GRAVITY OF MISCONDUCT.
[1999 SAR [CIVIL] 354.]
4] ADVOCATES ACT,1961-SEC-44- ADVOCATE FOUND GUILTY OF PROFESSIONAL MISCONDUCT AND SUSPENDED FROM ORACTICE FOR 3 YEARS- SUCH ADVOCATE PRACTSING DYRING THE PERIOD OF SUSPENSION OF PRACTICE UNDER DIFFERENT NAME- BAR COUNCIL OF INDIA, ON APPEAL, BY COMPLAINT AWARDING PUNISHMENT OF SUSPENSION FROM PRACTICE FOR 3 YEARS –GUILTY ADVOCATE PREFFERING REVIEW PETITION BEFORE B.C.I. OF SUSPENSION FOR 3 YEARS AND RESTORING ORDER OF ADMONITION PASSED BY STATE BAR COUNCIL-NOT SUSTAINABLE-PUNISHMENT OF SUSPENSION FROM PRACTICE FOR 3 YEARS RESTORED.
[1999 SAR [CIVIL] 472.]



Pankaj   10 October 2009 at 20:18

Non allotment of parking space

Abt 3 yrs ago i had booked a residential property with a builder. With the understanding that the (open/slit) parking would be provided. The agreement too contains this as one of the amneties that will provided (along with the others like intercom, waterpurifier..etc)
Now it has been abt 1 year that the pocession of the properties have been given. However in respect of the parkings the builder has sold (against cash) the parkings to a select few property owners. Allotment letters are not issued to the purchasers of the parking slots.

Please suggest what course of action i can take to ensure a parking slot