akrishnappa
17 September 2009 at 01:47
Respected Sir/Mam, I am in urgent need of following judgment of Hon’ble High Court of Bombay - Division Bench of Bombay High Court - Decision in Writ Petition No.1902/ 2003 in the case of UOI & Ors Vs. Ahok Ganpatrao Lacharwar. I tried a lot to get the same from concerned website (this Hon’ble High Court Judgments from 2005 onwards only available) and local Courts library (in Karnataka) but could not. Your expert highness humbly requested to please mail me a copy of the judgment at the earliest for which act of kindness, I will ever remain grateful to you Sir/Mam.riven
MALAY KUMAR DEB
17 September 2009 at 01:03
A Pvt. Ltd Company and Two Directors created two business group internally by a mou. Now one Director is ready to keep transparent everything and very much eager to run accordingly company's Law, but the other is continuously deviating from it and putting the Company in a troublesome future by not keeping accounts uptodate, not maintaining balance sheet, keeping everything confedential and not at all co-operating to other, WHAT LEGAL ACTION CAN BE TAKEN AGAINST THE DIRECTORriven
Md Shadab Ansari
17 September 2009 at 00:32
Please suggest me the best book of the following:
1)Drafting & Pleading
2)Bail
3)Criminal Major Acts
4)Landmark Judgments of Supreme court.riven
Saj
16 September 2009 at 23:16
It would be great, if you share your experience on the closing formalities of a business.
Its just a 6 months old company with zero revenue/sales from the business.
Would there be complex formalities or any expenses ? How long would it take to finish the closure process ?
Thanks for the help.riven
PRAKASHCHANDRA MARU
16 September 2009 at 22:37
hello all learned
a man got accident and lost the control of understanding he lost his memory partly some thing remember and something forget now how it is possible to admitt the cas u/s 166 of mv actriven
Legal Fighter
16 September 2009 at 22:14
Onto What Area of the Flat in Group Housing Society is the Stamp Duty Payable? Is it the Carpet Area, Build-up Area, Super Build-up Area or the undivided share in land? Please let me know with propet justification.riven
ashwin
16 September 2009 at 21:59
ppl my actual date of birth is JULY 9 which is written on the birth certificate issued by municipal corp but my dad has given MAY 9 as my DOB to join in school . now all my marks card, passport has MAY 9 as the DOB . The problem now is i have to submit birth certificate to join my company which is not the same as in the other documents.How can i change the DOB in birth certificate? pls reply since birth certi is mandatory to join companyriven
SRIPRAKASH BHATTACHARYA
16 September 2009 at 19:45
16.09.2009
DEAR SIRS,
OURS IS LARGE CO-OPERATIVE HOUSING SOCIETY IN HAVING 264 MEMBERS. WE ARE COVERED BY THE WBCS ACT, 1983 AND WBCS RULES, 1987. EVERY THREE YEARS WE HAVE A NEW BOARD COMPRISING OF SIX DIRECTORS AND DEMOCRATICALLY ELECTED BY GENERAL MEMBERS. THE LAST ELECTION OF DIRECTORS WAS HELD ON 13.07.2008.
DURING CONDUCTION OF THE LATEST AGM ON 06.09.2009 (WITH PERMISSION OF DRCS) THE PERSONS WHO LOST THE LAST ELECTION IN 2008 ALONGWITH SOME OTHER MEMBERS DID NOT ALLOW THE SECRETARY TO READ OUT THE SECRETARY'S REPORT AND SAID THAT THEY WILL NOT CONSIDER AND APPROVE THE BUDGET. AS OUR BUILDING (14 NOS.) ARE NEARING 16 YEARS OLD AND SINCE GETTING ENTRY, NO MAJOR REPIR HAS EVER BEEN CARRIED OUT, SO THE PRESENT BORAD HAS KEPT A PROPOSAL FOR MAJOR REPAIRING AND HAS ALSO INCLUDED THE PROPOSED COST OF REPAIR IN THE BUDGET TO BE CONSIDERED AND APPROVED BY GENERAL MEMBERS.
THOUGH IN THE WBCS ACTS, 1983 IT IS SAID THAT 'IN CASE THE BOARD FAILS TO PREPARE AND PRESENT THE ANNUAL BUDGET IN THE AGM THEN THE GENERAL MEMBER TEHMSELVES WILL PREPARE A BUDGET AND APPROVE IT.
UNFORTUNATELEY NOWHERE IT IS WRITTEN IN THE ACTS NAD RULES AND IS SILENT ON THE MATTER THAT 'WHAT WILL AHPPEN IF IN CASE A BUDGET (WHICH INCLUDES PROPOSED YEARLY EXPENDITURES AS WELL COST OF PROPOSED EXPENDITURES FOR MAJOR REPAIR )PREPARED BY THE BOARD IS NOT CONSIDERED AND APPROVED BY THE MAJORITY'?
THE YEARLY PROPOSED BUDGET IS MORE OR LESS SAME OF LAST YEAR, DULY APPROVED IN THE LAST AGM.
KINDLY LET ME KNOW WHAT TO BE DONE IF IN CASE THE BUDGET IS NOT APPROIVED. REQUEST ALSO IF THERE ARE ANY CASE LAWS ON SUCH ISSUE.
SHALL BE GRATEFUL FOR A KIND AND EARLY REPLY.
Sriprakash Bhattacharya, KOLKATA
bhattacharyasriprakash@gmail.com
Mobile: 91+9836310615
riven
A.R.Mukundan
16 September 2009 at 19:42
A - father of B, is a surety for a debt owed by X to Y. Subsequently A dies. Will B be liable to Y if X fails to repay the debt? Pls cite any case law if possible.riven
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PVS Constructions Pvt Ltd Ghaziabad
Flat Cancellation - Amount Refund
I have booked a flat from M/S PVS Constructions Pvt Ltd Bhopura Ghazaibad in their project Svaran Residency - 2 at Pre Launch when they had only the plot in Bhopura, Loni border, Ghazaibad, on which they would construct the Appartments.
Svaran Residency-2, Village Brahampur, Bhopura, Loni Ghaziabad with M/S PVS Constructions Limited Pvt. Ltd. (Registered office at Khasra No. 454/1 & 444/2, Village Brahampur, Bhopura, Loni, Ghaziabad) by paying the 10% of the basic cost of the property i.e. Rs 191,455/- on 28-03-2008. Later, on 30-08-2008, I paid Rs. 22,367/- in stages, bringing the total cash payment made by me to Rs. 2,13,822/- (amount of borrower’s margin as per the requirement of loan availed by me from ING Vysya Bank).
Agreement to sale was signed between M/S PVS Constructions Pvt Ltd and me on 29-08-2008 and the date of possession of the property was given as 31-12-2008 in the agreement.
Later in the month of Oct-Nov,2008 the Home Loan was Sanctioned and the Bank paid total Rs12,30,216/- in two installments of 726,578/- on 25-10-2008 and 503,638/- on 12-11-2008.
Bank started charging a Pre-EMI of approximately 11,500/- every month starting from Dec,2008.
I came to know about it much later, the bank had already denied any further payment to the builder and my sanctioned loan of 17,000,00 was never to be disbursed to the builder, and the construction of the property halted.
When I asked for the refund as I saw no possibility of getting my flat any time soon, the builder started avoiding me and being rude when confronted.
Finally after a continuous chase and followup of the builder, he gave me a committment on the letter head of the company PVS Constructions Pvt Ltd that he would pay me only the principal amount i.e. Rs 2,13,822/- paid by me and Rs Rs12,30,216/- paid by the ING Vysya Bank. He denied paying any interest on the principal paid by my that he kept for 18 months which would remain with him for almost 2 years if he keeps his promise and pays me in the promised period of next 6 months.
He also denied refunding the Pre-Emi paid by me which is Rs 1,14,375/- till date that would grow to amount to Rs 1,83,000/- in the next six months.
Even if the builder keeps his word and pays me in the next 6 months as agreed on his letter head, I still stand to lose Rs 1,83,000/- towards the Pre-Emi against the loan to the bank and almost 50,000/- as the interest on the principal paid by me.
I have also written to the ING Vysya Bank and they have written back to continue paying the Pre-EMI till the amount is returned to them by the builder.
I need the expert advise on getting the early refund of Principal, Pre-EMI, Interest on the 10% intial payment.riven