Anonymous
30 April 2020 at 17:09
dear learned experts,
Shortly I plan to file an EP against a public limited company for executing an arbital award (money). But I learn that the company is left with no assets to meet my claim.
While filing the case,can I pray the court for piercing the corporate veil of the company and make the Directors personally liable too,if I can submit proof for such misdeeds of the Directors ?
N.J.S.Rajkumar alias narasimha
30 April 2020 at 15:19
May Day Wishes to All ------ " May day is not an ordinary day because it is a day that Cherishes the extra ordinary people . The Workers " ---- Mehmat Murat Ildan .
Anonymous
29 April 2020 at 21:34
Dear Sir,
Our property showing BDA name in RTC. is there any problem with that ? or BDA will come to acquire this land (approximate 5 to 6 acre land) if they going to acquire, they will give the compensation ?
please suggest
Tripathi
29 April 2020 at 18:41
Dear Sirs,
First, we wish to thank this eminent forum for giving good guidance to the general public.
My husband was falsely implicated U/s 354 (c), 354 (d), 506 & 509 by our neighbor who made illegal constructions.
We won the civil suit and aggrieved over this he filed the false FIR using his clout with the local police.
We went to the High Court for quashing but the Court advised us to present our case in the trial court at the time of framing of charges.
The trail went on for five years. The charges were termed as "prima facie no case is made out against the accused in all these sections" and my husband was formally discharged at the time framing of the charge.
We are sure the neighbor will appeal against the judgement of the Trail court. Kindly advise us on the following questions:
.1. What is the limitation period to appeal against the Judgement of the Trail court on the above sections if our neighbor makes an appeal?
2. Which court they will file the appeal - Sessions or High Court?
3. The Judgement was delivered on 10th March 2020 - few days before the lock down period.
Whether the lockdown period will be counted in the limitation period or will be excluded?
4. Whether anything needs to be done by us to prevent the appeal in the higher court?
5. Can we file a case against them for lodging false FIR and made false Statements given to the IO u/s 161and also file defamation suit?
Kindly advise please.
with namaskar,
Mrs.Tripathy
Now, we wish to know what
Deeksha nayyer
29 April 2020 at 14:30
Hello dear lawyers,
Since I want to buy this industrial plot, Partner Rajender gupta told me that he will add us in the M/S Balaj traders as a partner and will reconstitute the constitution of the firm in Registrar of firms
(i.e He is telling to sell the industrial plot by new partnership deed-- NO REGISTRY REQUIRED).
MY QUESTIONS ARE-
This industrial plot is in the name of Partnership firm ( M/S Balaji Traders) or Rajender gupta
Thank you..
#Staysafe
Anonymous
28 April 2020 at 18:37
I am a creditor of a Company which has been mismanaged by the Directors who siphoned off its assets. These facts are apparent from its Balance sheets etc which are available in public domain.
As a Creditor(not a share holder) ,who do I go with a complaint about the affairs of the company, a Civil Court or the NCLT ?
Secondly the Company has not filed any annual returns etc for the last two years and hence I dont have the latest status of the this Company ! As a Creditor can I complain about this fact to the MCA ?
I have apprehension that the Company is trying to close down after manipulating the account books etc shortly !
crpc
28 April 2020 at 18:21
Hon'ble All Learned Advocates
I have a short query from labour experts as-
As per Industrial Act 1947, Section 5
5*(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled,
technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and
for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been
dismissed, discharged or retrenched in connection with, or as a consequence of,
9 that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-- (i) who
is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957) or (ii) who
is employed in the police service or as an officer or other employee of a prison or (iii) who is employed mainly in a managerial or
administrative capacity or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred
rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him,
functions mainly of a managerial nature.
In above referenced ...managerial and administrative capacity employee has been excluded. Now my question is-
what law/act/article will govern the dispute of illegal activities like forgery / illegal termination / exploitation / harassment happened with managerial and administrative capacity employee ?
Regards.
Ankur
Dipen
28 April 2020 at 15:52
Hi,
I want to cancel PTEC of proprietor(1st case) as well as partners of LLP(2nd case). What is the procedure to do the same. I can see online cancellation of PTRC after I login into mahagst website. However PTEC of partners or proprietors is not available online.
Pls advice on the procedure of the same.
Regards,
N.J.S.Rajkumar alias narasimha
28 April 2020 at 12:29
Mr.Rajendra K Goyal Sir the First Person to Cross 50000 Points in Hall Of Fame. Congrats and All the Best-. We Honor You Sir.- Your Sportive Nature Very much Appreciated. Keep it Up --- N.J.S. Rajkumar -- Advocate ( The Typing Mistake of Wishes in the Title sincerely Apologized -- No modification facility for the Title please) )
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Can a poa holder transfer or sell the property
I have a grandfather property in bareilly which he through registered will gave it to his sons mentioning their names & distributing it among them..some area of the land was declared common to all sons..He specially said that my sons cant sell the property during the time they are alive but after their death my grandsons will be the absolute owners of the property & can sell his share on the condition that if anyone wants to sell his share he will have to give 1st preference to his other cousions brothers.The middle cousions filed a civil suit in 1998 praying in the court that the elder & the younger is trying to sell it to local land mafias & they should be stopped..Court granted the stay & its being extended on every date..till now In 2006 under pressure by local mafias I gave a registered POA from uttranchal which i cancelled it in june 2019. they also took a notarized agreement to sale also mentioning that if i do not get the cases fnished & get the registry done with a period of one year they will get it from the court ..
My questions are 1.) As the supreme court order regarding the POA came into effect in 2011..but could he get the property transfer in his own name between the year 2006 to 2010..? can he sell it to a third party.when the case is pending & there is a stay order in effect since 1998? 2) can he get the registry done on the basis of special performance act through court on that notarized agreement to sale ? Kindly brief me up in this matter i will be obliged