harkirat singh
11 August 2009 at 23:27
Dear All
I have joined a small pvt ltd company and filled form32 as directed by Ca of company. there after i given secured loan to that company whose authorised capital is 100000.
the loan amount is 1500000/- and all money is transfered on line to companies account.Now one of the director does't want to get me as director and want to do malpractice. sine funds are already transfered to company and to one of their fathers account.
My query is in case dispute happens on secured loan how this money to be recovered and how can other directors punished by law.
No receipt has been obtained yet, but money transfered is by on line and small amount deposited cash for which pay in slip has my pan number and name
How legally I can become strong. Secondly 200000/- I gave on interest for which promissory note is received and cheque is yet to be received.
In case they don't pay back what is legal action for both of above cases
Regards
PRAKASHCHANDRA MARU
11 August 2009 at 22:14
hello all learned experts
A COMPANY WOULD LIKE TO EXECUTE THE LEASE DEED FOR THE THREE YEARS WITH MY CLIENT I PREPARED AND SENT TO COMPANY COMAPNY WILLING TO EXECUTE THE LEASE DEED BUT BEFORE MAKING IT COMPANY SEND NOVATION THAT WE HAVE TO FILL AND FORWARD TO COMAPNY IT IS NEW FOR ME I READ IT AND I UNDERSTOOD THAT IT SHOULD BE PREPARED AFTER THE EXECUTING THE REALESE DEED BECAUSE IN THE NOATION DEED IT WAS STATED THE STATE THE STAMP DUYTY SERIAL NO-OF DEED AND DATE OF EXECUTING DATE AM I RIGHT IF I MISUNDERSTOOD PLS CLARFY THANKS IN ADVANCE
Vikram Chandra
11 August 2009 at 21:04
Hi Friends !!
The query is;
My client's father (died) holds a decree of partition for the year 1974 which has become final and as per the decree he has got 144 Sq. Yds., which is as per the commissioner's report and which has been annexed to the decree copy. Whereas my client is in possession of 112 Sq. Yds., as on today. Inview of the old structure my client is raising the new structure after obtaining the permission from the local authority. Further, my client has become the owner of the said partitioned property in view of the relinquishment deed executed by her brothers and mother in her favour recently in the year 2007 as my client's father has died. Further, there is a mistake which has crept in the said Relinquishment Deed while executing the said deed the total area of property was shown only as 117 Sq. Yds., Where as the Decree copy of the court shows the total area which my client's father got is 144 Sq. Yds. Further, my client is only in possession of 112 Sq. Yds., Now the neighbours i.e., the other parties to the said partition decree are in illegal occupation of another difference area and the said fact is discovered right now by my client inview of the latest construction which is being raised by her as per the relinquishment deed. Now the query is what is the area she should claim in her suit which is going to be filed by her either it should be an area as per;
1. A Partition Decree
2. A Relinquishment Deed
or
3. The Physical Possession which my client holds as on today. To get back her land.
But, fact remains that my client has lost the area and it was discovered recently inview of the construction being raised by her that too on the basis of a Relinquishment Deed which is incorrect if it be compared with the Partition Decree which has become final. Now what is the suit my client should file before the competent civil court inview of the said facts to get back her area as per the Partition Decree.
regards,
vikram.
Vikram Chandra
11 August 2009 at 20:40
Dear Sir/s,
Can anyone help me out with the latest apex court judgments which says that 'Foreign Court Judgments' are not binding on Indian Courts. Kindly Update the Judgment, I will be obliged. regards, vikram.
Rohit Telang
11 August 2009 at 20:19
Sir,
My father in law has a residential plot of 3000 Sq.Ft.at Rahatni,Pimri,Pune.In Oct.2008 I on behalf of my Father in law executed a Visara Pawti on stamp paper of Rs.100/- for accepting Token Amount of Rs.50,000/-with a prospective buyer.As per instructions of the buyer I did not deposit the cheque till today.He told me that he will pay that amount later at the time of agreement.In the document it was mentioned that I agree to sell the land after completing the required legal documents like Gunthewari etc for the execution of sale deed.I was told by the buyer and his agent that Gunthewari system is opend by the Govt.Later on I found that Gunthewari cannot be done as it is not opened as yet.I have other documents like 7/12,Ferfar Utara,IndexII.Original Purchase agrrement,Zonal certificate etc.The Buyer is insisting on Gunthewari document,which is not possible at the moment.Iam trying to get city survey document through city survey office.I have following questions.
1.What is the legal status of Visara Pawti?
2.As I have not deposited the token money,although in the Visara Pawti it is mentioned that I have received the amount,can the Visara pawti binding on me?
3.For how long is the Visara Pawti valid,as no mention is made of validity date.
4.If the Gunthewari system is closed and the buyer refuses to do the sale agreement
What are the options available to me?
5.Can I sell the land to other buyers without the consent of the first?
Please advise me as to how to get out
k.k.jandial
11 August 2009 at 20:16
Hi learned colleagues,
My son who is singapore based booked a flat with Parsvanth builders a Delhi based co. with Br. office at Chg. and Project site at Panchkula(haryana)At Panchkula Royale during Oct 2008& paid Rs. 337000/ as initial deposit.
Terms & conditions of builder were that they will arrage 80% flat amount from tied up banks and rimburse the E.M.I. for thirty months by which time possession was to be given or the actual month of possession which ever is earlier but no tied up bank & also other bank approved the loan for the above purpose. Co. has taken huge loan from a bank who is not giving them the N.O.C. for the above purpose.AboveProjectis held up for the last one yr.and is not likely to be resumed in the near future.
We have been requesting the co.to refund the initial deposit via e-mail & telephonic calls International & domestic(Indian) but co. is not responding at all & now their chg. office incharge has bluntly refused while telephonic discussion with me on6th.8th & 10th of this month to refund the above amount& directed me to talk with their Delhi office where as amount was deposited in their Chg. office and correspondance was also made with this offic.
Pl. advise what should I do with this co.?.
K.K.Jandial
Pramod Kumar
11 August 2009 at 20:04
Dear Members,
Could anyone list the format of petition under Section 9 of the Arbitration and Conciliation Act 1996 for seeking an interim relief.
Regards,
Pramod
charudureja
11 August 2009 at 19:47
This is a case u/s 498 A, but the dispute between the parties has amicably been compromised at the intervention of the well wisher of the locality, but according to the law this offence is not compoundable under section 320 of the Criminal procedure code.
Now question is how to dispose off the case and under which provision?
Arvind Singh Chauhan
11 August 2009 at 18:52
Please show me some citations about the effect of non production of investigating officer before court as a witness.
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Sahres not transfered.
Dear All
I have joined a small pvt ltd company and filled form32 as directed by Ca of company. there after i given secured loan to that company whose authorised capital is 100000.
the loan amount is 1500000/- and all money is transfered on line to company's account.Now one of the director does't want to get me as director and want to do malpractice. sine funds are already transfered to company and to onedirector's father account.
My query is in case any dispute happens on secured loan how this money to be recovered and how can these directors are punished by law.
No receipt has been obtained yet, but money transfered is by on line and small amount deposited cash for which pay in slip has my pan number and name
How legally I can become strong. Secondly 1100,000/- I gave on interest for which promissory note is received and cheque is yet to be received.
In case they don't pay back what is legal action for both of above cases
Regards