Companies Act 1956

Respected Sir/Madam,
Our's is a Pvt.Ltd.Co.registered under the Companies Act 1956.We are 4 brothers & each of us own 25% shares each after the passing away of our father.Two of my brothers are running the Co. in the capacity of directors.The last EGM was held on 31st August 2005 and since then the Co./directors have not held any AGM/EGM till date.The Annual A/c's & Annual Return's of the Co. has also not been filed for the last continuous 4years. The first directors of the Co. were my father & second brother. They appointed my fourth brother as director by a board resolution DT:2nd October 2009.Now the Articles of Association of the Co.says, “The Directors” means directors for the time being of the Company and “The Board of Directors” means “The Board of Directors” for the time being of the Company. Also The board shall have power at any time and from time to time to appoint any person as director as an addition to the board and any director so appointed shall hold office only till the next AGM and shall then be eligible for
re-election.Now as no AGM or EGM has been held since Aug.2005,does it not imply that the directors are holding office as directors, without authorization from the members vide an AGM or EGM and hence ceased to exist as directors from 1st December 2006. Myself & my 3rd brother had vide our notice DT:28th August 2009, called upon the board to convene an EOGM under Section 169 of Companies Act 1956 and induct us as directors. The board failed to convene the EOGM within the prescribed time limit and hence we as requisitionists have called for holding the EGOM on 16th November 2009, after completing all formalities as prescribed by law.
I hope kind Sir that I have given you the proper back ground to my case and request you to kindly bear with me for all the trouble that I’am giving you.
Now what I would like to know from you kind Sir is,
(1)Do the directors still have the first choice to select one amongst themselves to chair the EOGM on the 16th inspite of the fact that they were never re-elected after August 31st 2005 as no AGM or EGM was held after that.
(2)In the event that one of the directors chair the meeting I’am aware of the fact that they will vote us out because of the casting vote and block the resolution to induct us as directors and in the bargain re-elect themselves as directors and continue their merry illegal ways.
(3)I request you kind Sir to suggest me some legal remedy to address our grievances.
(4)Can we file criminal charges as one of the directors has drawn a big amount under the guise of housing loan in 2006 but no house has been purchased by him and he has invested the money elsewhere. I have the copy of a letter written to him by my father in the capacity of director of the company asking him to repay the loan or else the company will take legal steps to recover the same. Unfortunately my father has passed away and now there is nobody to take action. Please note that this letter was sent by registered A/D and I posses the original receipt.
Lastly I’am extremely sorry to bother you with our troubles but humbly request you Kind Sir to take some time off your busy schedule and suggest me a few legal options to right the wrong being done to me & my 3rd brother.
Thanking You, I remain,
Yours faithfully,
R V SHASTRY DT:13th NOV 2009.

How PAN card of HUF be cancelled on partition

PRD HUF is a firm possessing a valid PAN Card. Due to the age of the Karta, and since there being no male members except two daughters, the Karta desires that the firm be dissolve / partitioned before the death of the Karta and how to cancel the PAN Card issued by the Income Tax Authorities?

Query on Birth Certificate - Urgent

Respected Experts,

My brother's wife delivered a baby at home 3 years back.Now the child needs to be admitted to school in Mumbai.
But the child's birth records are not available as the child was not born in a hospital but at home in Uttar Pradesh.

Would an affidavit by the father/guardian for the same be enough for admission to the school ?

Please advice as to how I should obtain the Birth certificate ?

Goods in Transit section 6(2) of CST

i want divorce

i have been married for 18 months ,and after 4 months of the marriage there was no relation ship between two of us. she is not behaving properly with me nor my parents and always abuse me that i am forcing her to complete the studies and take up job.in april 2009 she went to her mother palce and,i have heard that her parents were searching groom for her.
but they falied and in Oct2009, she filed a false complain that my parents are beating her and we are asking dowery.
i am totally depressed by her nature and will not be in any position to continue the marrigae Even i told her that we will take seperate room but the mahila takrar nivaran kendra officer is forcing me that i cant take a seperate room and i should earn 25000 p.m then only she will permit me to take seperate room.
i have no fellings for her and will not able to live my life with her.and also i want to know where i can complain about the mahila takrar nivaran kendra officer.
please help me on which ground i can take divorce

revenue

in revenue record ( jamabandi) name of two bors. and their mother, appearing name of two married sisters not appearing, after death of mother entries muteded in name of her two sons only and name of her two daughters not appearing in revenue records,a person purchased the property ( agricultural land ) from two sons as per revenue records. can two sisters claim their share after purchase ? what is the safeguard for bonifide purchaser ? if two sisters file a case against that person and bros, what is the chance to succeed in case?

PL . CLERIFY WITH CASE LAW IF ANY

SC MITTAL
suresh123@sulekha.com

witness of will

i have a question on will,in a case a died living his two sons and two daughters and his wife and a will saying that his property should be transfered to his wife after his death.one daughter appeals for partition of the agricultural land ,the will was signed by the two witness who are his brothers in law and one of them write the will as he stated,the question arise here that can a writer of will be witness or can a witness of will can write the will.please provide me right guidance and where can i get the leading cases regarding this matter.

appointment of a marriage registrar

can any one guide me re: appointment of a marriage registrar in west bengal

Privileges!? of legislators

In this era of
a) High cost of legislators
b) flood ravaged state
c) slum dog millionaire and many more expose of our country poverty (which is nothing but truth),

in assembly a Congress MLA (having vested interest) claimed a NGO used photos of school children abroad, Claimed children are to be fed and brought disrepute to the country by saying there are poor children and poverty. Government has not been mentioned as a partner of the program. (This government does not pay full amount. only subsidised value. The NGO does work in multiple States covering 10 lakh children)

A House Committee has been formed to investigate the usage of photo, collection of money, bringing disrepute to COUNTRY.

The terms of reference is not stopping only at this, it says all other NGOs in which trustees of this NGO are involved and their irregularities. (on vested interest of course)

1. Trust is not given any signed communication. secretary says that is how it will be. Resolution passed by the house etc. nothing is available.
2. anything talked about the whole issue will be violating privilege of house

1. Is it within the powers of house to form a committee and look into whatever it wants from whoever's account?

2. what are the real rights or privileges of the house committee?

3. what are the rights and how far the NGO is liable to dance to the tunes of EGO of MLA?

4. What legal actions it can take (like Writ to safe guard privacy) in this regard to safe guard its interest.

5. can NGO ask for video recording of whole proceedings? (there are apprehensions

6. All documents, resolutions etc. are out of RTI reach?

7. Can any legal proceeding be initiated for legislators wasting their valuable (our cost) time ?

regards

VLV
PS: Hope this is not breach of privilege to discuss

COMPLAINT DISMISSED FOR WANT OF SANCTION

R/ All Members
I have filed a crl complaint against a public servent(only one accused) that has been dismissed by court for want of sanction,now i have to file appeal or revision against this order.Kindly helpThanx