pravin jain
15 September 2009 at 19:28
A private limited company has paid professional fee to chartered accountant for setting up a project of Bio -Diesel and cultivation of Jetropha plantation . cheque in the name of Chartered accountants firm's issued for project report preparation fee. Another cheque issued to cultivate the nursery for plantation in favor of his HUF the karta of HUF is proprietor of Chartered Accountant's firm.( karta and Chartered Accountants are same)
After preparation of project report and raising of nursery for saplings due to some disputes , the karta of HUF has issued the cheque for entire amount to the company. The cheques returned and Director of the company has filled the suite under sec. 138 of N.I. Act.
Now question arises that whether the karta of HUF shall be liable for fees received by Chartered Accountants firm ?
Whether fees received by HUF returned to the company is a Debt or Legally enforceable debt ?
Whether cheque issued to return the fees is for consideration?
The karta of HUF has made an application under sec. 91 of Cr. p.c. for production of agreement , MOU, books of accounts, vouchers, other relavant records in support of transaction. The Company denies to produce any thing. And through its director furnished an affidavit that the company has no records, vouchers nor account books in his possession on nor in control and can not produce. The case is at evidence stage steel evidence has not started.
On the basis of above facts can a discharge petition be filed by HUF?
Or Director of company can refuse to produce the documents which the company is legaly liable to maintain under section 209 of Companies Act 1956.
PLEASE COMMENT ON THE PROBLEMriven
ADV KAMAL JADHAV BANGALORE
15 September 2009 at 19:06
Hi Dear sir,
i need urgent help from you what is the procedure of Registered marriage (love marriage,court marriage)please help me out...
thanks in Advance.riven
s k majumdar
15 September 2009 at 18:35
Dear sir
I need to audit the statutory compliance of various laws such as various labour laws, sales tax, excise duty,PF etc by the concerned departments in our organisation.May i request u to have the same.
Thanx and regards
s.k.majumdar
Asst.manager(Internal audit)riven
rk
15 September 2009 at 18:28
if a flat is sold by A to c , nothing is mentioned during trial court proceeding and order has come after 10 year awarding to b,
case was orginal case was fought between a and b
for said property
What is in effect ? or is applicable ?riven
rk
15 September 2009 at 18:24
hi,
What is time frame inside which one can appeal against a trial court judgement
eg order was given in dec 2008 , till what date can one appeal against the same in high court ?
Pl adviseriven
rk
15 September 2009 at 18:20
hello,
i have approached registrar of coop soc who has directed the said soc to reply in writing detials of outstanding due on my flat but society maintain silence and keeps charging 21% interest by bills insertions , how do i resolve this ? problem is 21% interest is charged on compounded basis there is no breakup given ? how to resolve and who to approach ?
Pl adviseriven
P.S.Subbaraman
15 September 2009 at 18:11
Whether the State Government while paying compensation to land owners should deduct TDS for the amount of compensation ?Can Compensation be treated as income ?riven
amar jeet singh raghav
15 September 2009 at 17:58
I have a client whose pension is 8500/- from army, 3500/- from U.P. government & 2500/- from Shara India.
Central Govt. is also issue a petrol pump in 2005,
she earned about Rs 2,20,000/- per year by this pump.
After clubing, her Income is about 394000/-.
So I want to know If there is any relaxation in Income Tax on War widow pension.
riven
gopal narain mehrotra
15 September 2009 at 17:52
cause of action of the notice U/S 138 of N.I. Act will taken from the date mentioned on the notice OR the date of dispatched of the said notice by registered post.riven
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Securitisation act
Can a Private Bank ,which has purchased a DEBT/NPA under the Sale of NPA Guidelines, issue a Notice under the Securitisation Act u/s 13 (2). Especially when its application for substition is pending with DRT and yet to be decided. More So when the Issue of Sale of NPA to other Banks is under consideration with The Supreme court and yet to be decided.riven