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T Nageswar Rao   09 August 2008 at 15:42

Company Law - Regading transfer of shares

Dear All,

Company A is situated in Karnataka,it has allotted shares to company B at premium, which is situated in mumbai. Now company B wants to tranfer those shares to its own directors at face value. Let us know 1.whether transfer can be made at face value whereas it has been allotted at premium?
2.Whether answer will be differ if there is only two days gap between both the transactions.
3.As Company B transfree, is situated in Mumbai,whether stampduty need to be paid as per Maharatatra or karnataka?

Murugesh   09 August 2008 at 15:23

gratuity Claim - regarding

Dear Sir,
I have Joined a company on Sept 2002 and till Jan 2007 I worked as full time employee and from Jan 2007 to till date I am a contract employee of the same company. I received my salary from the same company from Sept 2002 to till date. Also My EPF has been deducted and deposited by the same company till date.
Please inform me that 'am I eligible for claim Gratuity from the Employer '?

R.Rajendran   09 August 2008 at 11:54

Inherited Property

My mother-in-law has an inherited property(a house worthy of Rs.60 lakhs at Chennai).My father-in law and mother-in-law are more than 70 years old and they are alive.They are living in this house along with their youngest son(married).My in-laws have 3 sons and 3 daughters and all of them are married.I request for the reply for the following queries:
1)Do the daughters have equal right of share of this house-property in case it is sold?
2)Can my mother-in-law write a will allotting more share of amount for her sons and less amount of share for her daughters?
3)Can I now compel my mother-in-law to sell the house and demand her share of money?

R.Rajendran

parikshit rajvaidya   09 August 2008 at 10:55

U.P.stamp duty

Dear sir

We a private limited company have purchased a property having plant in the state of UP through registered sale deed. The property includes Land and machinery.
That means the land is being used for industrial purpose.

Thereafter our company has been merged under scheme of amalgamation and merger with another company and Hon'ble HC approved the said scheme.

Now the matter is thate in the state of
UP how such land can be mutated in the name of company in which our comapny got merged.

Actually we have got impression that under UPLR Act no industrial land can be mutated.

Kindly how the property can be mutated.Pls give your valuable suggestions.

Nitin   09 August 2008 at 08:39

Punjab Civil Services Rules -- Rule No: 7.26A of Volume 2

Dear Sir,

I want to know whether Rule no 7s.26A of Punjab Civl Services Rules is applicable or not on the Retired Cheif Engineer of Dakhshin Haryana Bijli Vitran Nigam, Haryana (Erstwhile Haryana State Electricity Board).

This rule is regarding commerical employment after retirement and is generally applicable for State Services Class I.

Please advise. If you need any further information, Please feel free to call me on 9717391260

Thanks

Shekhar   08 August 2008 at 23:56

Possession of things and some important file

In 2006 my father in law has takan away the car in hand writing A4 size paper! there in my important file were there due to which i have suffered my Job.... The matter regarding the marraige Null and Void or divorce is going on court... pls. some one guide me to take my things and good back from there, must be some saction through which i can get my things! only her father has confessed the things with one person that his (Mine) things were there...

Rekha.....   08 August 2008 at 22:52

Defence for Crpc sec 125 and Ipc sec498

Hello! Sir/Mam

Would u please advise me the case filed for above mentioned sections.
I hv to defence my client. The complainant fabricated the Certificate of Marriage. The fact of the matter is that my client never cohabited with the complainant a single day. She filed complaints under abovementioned Sections i.e. Sec 125 crpc and IPC Sec.498. Pl. advise me

v.viswanathan   08 August 2008 at 20:44

partnership prohibited names

kindly let me know whether there any prohibitory claus or notifications relating to the partnership firms in the state of Tamil Nadu.

Vivek Shukla   08 August 2008 at 20:39

Deposit of Title Deeds

One Bank has branch which is not notified town as per Transfer of Property Act where one person has deposited Agreement to Sale of his Flat with intent to create Deposit of Title Deeds. However as it is not a notified town, the documents have been deposited by him with another branch which is a notified town and the disbursement of loan has been shown in the villge which is notified and account is maintained therein. The bank did not cared to get noted the charge on 7/12 extract of said property. subsequently after 5 years my client has purchased the said property who is a bonafied purchaser for value without a notice. he had published a notice in largest daily circulating in the area but he didnot received any objection. he has taken all the care he can. As the charge has been not noted and as there was no objection, the mortgagor has sold the property to my client and has now absonded. Now Bank has started the proceeding under 13(2) of SARFESI Act against my property and to protect my property MY client has filed a suit for injunction and his contention is that There is no valid deposit of title deeds, moreover as they are not deposited with the branch which is notified, its not valid one and bank has no charge. So also Agreement to Sale cannot be a document of Title. Now Bank is saying that its mortgage is valid one and there is a correct deposit of title deeds. Please send me the authorities of Supreme Court on this point saying that Deposit of Agreement to Sale is not a Deposit of Title Deeds. and if documents are not deposited in a notified town, it will not create a valid charge and there is no valid mortgage.

K.Ravichandren   08 August 2008 at 20:08

what is the next step after the appeal dismissed by the Central excise Tribunal?

In an appeal the Central excise Tribunal dismissed the appeal on the basis of no compliance of its interim order(stay order and to deposit Rs.8,00,000) within the stipulated time. Now what is the next step i should adopt?
For your nutshell the case is:-
Being a job worker i undertake orders from a company. I undertake only a small works of the total finished product. I am clearing assemblies upon payment of excise duty including value of the inputs put by me and in my cost. The company concerned sends me some free inputs for the assembly and i am neither accounting nor taking credit on that and the value of such free inputs or not included on the service charges. The excise authorities sent show cause notice to me mentioning that during the past two years i havenot included the free inputs and demanded excise duty of Rs.15,00,000/- and the penalty of Rs.15,50,000/- under sec 11A(2)CEA, read with Rule 6 of Central Excise Valuation Rules 2000 and for penalties sec 11AB, Sec. 11AC ibid under rule 25 od CE rules 2002. Agreived against i preferred appeal to the Commissinerand they reduced the Penalty to 8,00,000/- and confirmed the rest of the order. Again I preferred appeal in the Tribunal and obtained stay for the operation of the lower order with a direction of depositing Rs.8,00,000/- with in a short period of time and since i could not mobilise i sought further time and even after that time i could not deposit the money and hence my appeal is dismissed. I am financially in a bad position and my other properties are in the bank for loans and the factory concerned also could not run for the past one year. I even though of filing insolvency petition.
This is my position now. Kindly advise me whether i can appeal to another forum - High Court?. Is it possible can i give insolvency for this Central Excise propblem while my properties are in the banks and case is pending in DRT and the bank has right for the first charge over the properties.? Your valuable advice sought