Prashant
07 August 2009 at 14:50
A Pvt Ltd is newly formed company & is subsidiary of B Ltd. A Pvt Ltd is in the process of applying for tender & is required to furnish Bank Gurantee. Since it is newly formed company, its holding co. B Ltd kept FD worth Rs 50 lakh with bank & provided BG on behalfo A Pvt Ltd. BG required was Rs 50 lak so holding co kept 100% margin money in terms of FD & bank put its lien on FD.
Now bank wants counter indemnity for guarantee limit.
So whether bank is right in asking such counter indemnity once 100% margin is kept. What is the available defence against bank for forcing counter indemnity.
Under what circumstances the counter indemnity is asked by bank. Are their any RBI guidelines for such counter indemnity.
Pls advice & guide
Thanks in advance
Dinesh Patel
07 August 2009 at 12:48
We are a private limited company own a residential apartment in a cooperative society in Ahmedabad. Our company is a member of the society. The share certificate is issued in name of our company.
When we purchase this property from the developer, he has allowed us to use the partment for office work space passing a special resolution in the society. and got the same resulation passed in the District Panchayat also.
This property falls within the limits of Ahmedabad Municipal Corporation. Our property is assesed as a coomercial property by the municipal corporation, and we are payning municipal tax for commercial use.
From very begining we are paying maintenance charges 2 times than other residential occupents in our society.
Now from few days administration body of our sociesty is demanding 7 times the maintenance charge against residential occupents. They have stop facilities of lift and thretening us to discunnect our water connection.
We request you to please advice us on this issue and kindly provide judgement relating to our query.
Regards
Dinesh Patel
Rishi Ahuja
07 August 2009 at 12:19
Respected sir,
My wife has applied for Divorce in the family court and asked for the evidances, once she didnot attended the court and on other day also she didnot gave the evidances and asked for the next date.
And in case of my wson custody, case was filed in Jan/09 but till date she has not filed the reply of the same in other words , she is not at all atternded the Hon'ble court sir. Now what will be the further action can be taken over my both casesw.
Rishi Ahuja
07 August 2009 at 12:06
Respected sir ,
Hon'ble court has pass the direction to IO to submit the status report in person,
but when told the Hon'ble court that IO is neither attending the court nor submitting the status report more then five months past. even after two summuns were also issued, now what action can be taken against him in case he is not attending the Hon'bler court on NDOH.
Rishi Ahuja
07 August 2009 at 12:04
Respected sir ,
Hon'ble court has pass the direction to IO to submit the status report in person,
but when told the Hon'ble court that IO is neither attending the court nor submitting the status report more then five months past. even after two summuns were also issued, now what action can be taken against him in case he is not attending the Hon'bler court on NDOH.
Savithri
07 August 2009 at 12:01
Sir
we are one of the owners of an apartment of which few flats are yet to be sold by the builder. The owners have decided to form an association and have it registered. once an association is formed what rights the builder have w.r.t the following:
1. Can he make an alteration / build any structure in the common area?
2. Each apartment owner has paid separately for car parking space, any excess parking space available after providing each apartment owner one parking space can it be sold by the builder to any third party?
3. Does the association have rights to stop the builder in case he indulges in any of the above acts? does the position of the association change in case it is not registered?
Regards
S.Haritha
07 August 2009 at 11:50
We are 3 daughter's and my mother is alive. MY father has expird 5 months back. He has not written any will. he has given his agricultural property for development. Our query is we want to know how & where to apply for legal heir certificate? One of my sister is In U.S. is she needed at the time of application for Legal Heir Certificate?
Rishi Ahuja
07 August 2009 at 11:45
Respected sir,
I have filed an complaint under section 200 Cr.pc. in which my wife has given a false statement as well as false affidavit
in claiming maintenance under sec.24, which was dismissed by the ADJ Fabd.The copy of which was also attached, where as she was employed and gtg good salary.
In this case evidances of mine, Bank Manager, Her company HR and record keeper of the Hon'ble court has been reocrded on SO. The accused is punishable under sec. 193. Now please tell me what action will be taken further by the Hon'ble court over my case file.
naman k jain
07 August 2009 at 11:07
is a teacher become in labour court jurisdiction?
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criminal procedure code
Hi,
its baljit here,
my first querry relates to my earlier querry in response of which i did receive replies but for some of the experts i again want to put the same with some clarifaction.
" my querry was whether the accused can challenge the initiation of proceedings of proclamation against him, without surrendering, in the same court which wherein the proceedings are in progress but he has not yet been declared proclaimed offender.
The replies may kindly be specific in the light of the following facts.
" A, was married to B a U.S. citizen. The marriage took place in USA. The parties cohabited as husband and wife in USA. The marrige later on dissolved in USA. The parties to marriage never came to india any time between the solemnization of marriage till the dissolution of marraige. however, the father of B, who also happens to be US citizen got registered a case in India against A, who was in USA and his family members residing in india. In an enquiry, district police chief concluded that no offence was committed in india and as such recommended the cancellation of F.I.R. however the father of B managed to aproach some other higher official i.e. D.I.G., upon whose further orders the case was ordered to be investigated. Now the investigation is going on only against A whereas all the other members of his family were declared innocent. However in between the pendency of the investigation, A visited india and appeared before the District Police chief and submitted his written version caliming him to be innocent which is on record. His statement was also recorded and he was let to go as such A again returned to USA. However the I.O. of the case whithout disclosing the factum of the appearance of the A before the police chief applied for intiation of proclamation proceedings in the court of CJM without disclosing the other facts of the case especially the apperance of the A before the District Police chief and recording of his statement and also the fact that why he was not arrested when he appeared in case and his statement was recorded and what new fact has come on record for which his arrest is necessary and the investigation cannot be carried without his arrest. So, now it is clear that the proceedings have been intiated with malafide. A has already filed a petiton under section 482 for the quashment of F.I.R. on the ground first of all no offence is made out in F.I.R against him or his family and secondly, if at all any offence is spelled out in F.I.R. then no part of the offence is committed in india as such the F.I.R. is bad for want of jurisdicition wherein the state has also filed reply and admitted the contentions of A with respect to his appearance before the District Police chief and recording of his statemtnt therein. But the local police is adament to get A declared proclaimed offender. Now A want to challenge the initiatin of the procalmation proceedings before the court wherein the same are pending by failling an application through his attorney. Pls suggest and answere the querry in the light of these facts.
Baljit singh advocate.
has intiated those proceedings