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SREEKUMAR   19 August 2009 at 22:58

BORROWING LIMITS FOR PVT LTD/LTD COS

A bank wishes to fund pvt/ltd company. what are the major points to be looked into w.r.t. borrowing limits/powers of the company?
Is there any restrictive clause in company law w.r.t.the maximum amount than can be borrowed by a company?

SREEKUMAR   19 August 2009 at 22:52

DEATH OF A PARTNER

There are 5 partners in a firm which is closely held by family consisting of father & sons. Whehter death of the father dissolve the firm?

Chander Kant Sood   19 August 2009 at 22:49

Service matter

I am being denied promotion because of a minor hearing loss due to service conditions. What are my options in law courts? Do I now approach the AFT since it is functional? Any lawyers expert in service matters with experience of similar cases?

Adinath@Avinash Patil   19 August 2009 at 22:21

The Maxim

What is the maxim "falsus in uno falsus in omnibus" and whether it is applicable in indian court of laws.

Sushant Dash   19 August 2009 at 22:00

can i filed a case under Sec 406, 420, 464, 471 0f IPC ?

Dear sir

I am into the business of Bulk Messaging and Mobile communication with using the connectivity of the different Indian Telecom Operators.During my said business periods i myself introduced a person, as i came to know that the said person deals in services of “out bound voice broadcast service” called a particular type of voice based broadcasting services with using the connectivity of the different Indian Telecom Operators, as i was in need of services, what the person provides.

we had an oral agreement, based on which i paid him 90,000/- rupees as advances and i provided the work order to implement the voice broadcast services on behalf of me on an assurance made by the person that he will provide the same service on behalf of me with using the connectivity of the various Indian Telecom Operator.he commited me for provide the Data-sheet (delivery reports) for the successfull calls of the said voice calls consisting of the Date, Time of call, end of calls, duration of calls, status of calls consisting whether its delivered, undelivered or unreachable, originating number (called CLI) and destination numbers and after 2 days the said person provided the same to me through his e-mail address and inform me that all the voice services are implemented successfully, based on the delivery report as he submited me.

when i check these reports, i came to know that the work sheet consisting of the Date of calls, Time of calls, end of calls, duration of calls, status of calls consisting whether its delivered, undelivered or unreachable, originating number (called CLI) and destination numbers submitted by the person to me are all of fictitious numbers in reality they do not exist at all.

Base on these fictitious reports i had questioned number of times to the said person through email communication on such the the person had admitted of above mentioned things and sought some time to submit the genuine reports,but so far the person had not submitted the genuine delivery reports nor willing respond my phone calls om any manners.

Its a matter of clear cheating that the acts of the above mentioned person makes the charges of breach of trust, cheating, As causing wrongful loss to the complainant and wrongful gain to the accused by way of making of false documents and using of false documents as genuine.

what i have to do in this regards, please suggest me, whether can i put a criminal case or what i have to do

Sushant Dash   19 August 2009 at 21:57

under Sec 406, 420, 464, 471 0f IPC?

Dear sir
I am into the business of Bulk Messaging and Mobile communication with using the connectivity of the different Indian Telecom Operators.During my said business periods i myself introduced a person, as i came to know that the said person deals in services of “out bound voice broadcast service” called a particular type of voice based broadcasting services with using the connectivity of the different Indian Telecom Operators, as i was in need of services, what the person provides.

we had an oral agreement, based on which i paid him 90,000/- rupees as advances and i provided the work order to implement the voice broadcast services on behalf of me on an assurance made by the person that he will provide the same service on behalf of me with using the connectivity of the various Indian Telecom Operator.he commited me for provide the Data-sheet (delivery reports) for the successfull calls of the said voice calls consisting of the Date, Time of call, end of calls, duration of calls, status of calls consisting whether its delivered, undelivered or unreachable, originating number (called CLI) and destination numbers and after 2 days the said person provided the same to me through his e-mail address and inform me that all the voice services are implemented successfully, based on the delivery report as he submited me.

when i check these reports, i came to know that the work sheet consisting of the Date of calls, Time of calls, end of calls, duration of calls, status of calls consisting whether its delivered, undelivered or unreachable, originating number (called CLI) and destination numbers submitted by the person to me are all of fictitious numbers in reality they do not exist at all.

Base on these fictitious reports i had questioned number of times to the said person through email communication on such the the person had admitted of above mentioned things and sought some time to submit the genuine reports,but so far the person had not submitted the genuine delivery reports nor willing respond my phone calls om any manners.

Its a matter of clear cheating that the acts of the above mentioned person makes the charges of breach of trust, cheating, As causing wrongful loss to the complainant and wrongful gain to the accused by way of making of false documents and using of false documents as genuine.

what i have to do in this regards, please suggest me, whether can i put a criminal case or what i have to do

Thanks and regards
Sushant Dash
Chief Executive | Cellxnet Inc
Hyderabad, India

shivraj   19 August 2009 at 21:39

rejection of pursis

In suit for specific performance agreement executed by the owner def.no.2 def.no.1 being POA executed agreement admits the agreement in WS of def.no.2 def no.1&3 have not filed WS def.3 is not party to the agreement in remanded judgment issue framed against def.1 whether agreement is binding upon def.3 plaintiff filed for depositing amount of sale and filed pursis for deletion of def no3 as agreement not signed by him.
There is no question of property is solely owned by def.no2.

Whether rejection for pursis for deletion f party is proper?
Whether rejection of application of depositing reaming sale amount in court is proper?
Whether review application is maintainable u/s 114 of CPC read with O-47(1) for setting aside the orders on pursis and application for leading evidence?

fulltrottlle   19 August 2009 at 20:54

provisional committee

sir/madame,
does the provisional committee has the same rights/power as regestered society ?

D.Kumar   19 August 2009 at 20:49

how I can save my company's tarde mark & Trade name

I have formed a ltd company Sonata battery Ltd in july 2007.and applied Trade mark SONATA GOLD for batteries under class 9.Titan Industry has appliede for Trade mark SONATA under class 9 for batteries in Fab.2009.

For two years I have done only promotion work. in april 2009 I have started bussiness of Button cell in the tarde mark of JEWEL. and write our company name on battery.
Now Titan Industry has filled acas ein High court . and court says that I have to give an undertaking that i will not use Trdae mark SONATA till further order. and I can use my company name. Now I would like to know whether I can use my tarde mark sonata gold or how I can countinue my bussiness.

fulltrottlle   19 August 2009 at 20:37

liable to prosecution

sir/madame,
my co entered into buying contract with an mnc importer.After not being able to deliver the products on time,we sent them mail stating that these products will now be invoiced directly to other buyers for whom we had initially ordered for.Then came price variations due to forex changes which were never confirmed by us as the prices on contracts were indian rs only.After seeing all these issues,the importer requested to change the purchase order of one buyer and other buyers orders were supplied to us with increased prices that we paid them for. unfortunately,the buyer who bought goods directly from importer defaulted on payments after having issued cheques as per the terms of purchase orders.Another issue cropped up is that we may have changed the PO from this buyer probably before the importer confirmed the same in writings but orally it was agreed by one of its employer.The importer has initiated the proceedings u/sec 138 and even threatened us with action for cheating and criminal breach of trust. as we had on intent to harm being a reputed firm, can we still be tried for ? can the case become criminal at all ?