Dear Experts,
Please simplify the "Bombay Relief Undertakings (Special Provisions) Act,. 1958"
who can apply for 'Relief Undertaking" declaration under this act?
What would be its advantages/disadvantages to the company or its creditors?
I am working as Manager in one Ltd. company since July 2011. Recently, i received summons from MM Court Mumbai.
Story is that in January 2010 one supplier supplied some material to the company and the company returned the goods since they were damaged and did not pay to the supplier.
my only part in this case is that i had replied on behalf of the company to their legal notice in Mar. 2012.
Now the supplier has filed Cr. complaint under Sec. 120B, 420, 32 IPC against Company, Purchase manager & myself as accused.
1) How come summons issued against me?
2) i did not know the party in Jan 2010 when they supplied goods, so how come they alledge that it is on my representation that they supplied goods?
2) I am not responsible for the day to day affairs/functioning of the company. Directors are responsible.
3) 2010 when i was not in company then how come sec. 120 B against me?
what remedy do i have?
Kindly suggest.
Car belonging to our company met with accident. Thereafter, we brought it to authorized service center for accidental repairs.
Service center issued estimates of repairs. As we were busy negotiating insurance claim there was delay in carrying out repairs.
Service center informed that we will have to pay parking charges Rs. 250 per day. we agreed for the same.
After few days we found that the car was not in the service center. They had kept it outside their premises due to which remaining parts and machinery was stolen.
what legal action can we take?
We have office on ownership basis in one business corporate park. It also has a club. Some of our directors applied for membership and also paid fees by cheque.
The club after 15 days or so returned the cheque and issued letter denying membership without giving any reason whatsoever.
What action can be taken against club?
We are manufacturing goods for our exporter for exports who is refusing to provide Form 'H' to us inspite of repeated requests.
what legal action can we take?
Sir,
we are the accused in one matter. We paid the complainant entire amount of the cheque towards settlement of dues.
He has admitted the same before the magistrate but still wants to continue the case for the recovery of the interest.
...If his sole aim is to recover the dues from us (which he has already received) then can he continue the case under the said act?
If his aim is to recover the dues then proceedings Under Sec. 138 cannot apply as they are purely criminal and not civil.
please share your views.
Sir,
We do not maintain attendance register any more instead we maintain attendance of the employees in electronic form as it is more convenient and reliable. But under the Act one must maintain attendance register.
We were fined by the magistrate last year for not maintaining register.
1) To whom can we apply for the permission to maintain the same in electronic form?
2) As anyone hardly maintains attendance registers should electronic attendance also not be recognized by law?
sir,
we are a compnay. Recently we purchased and moved in new office premises. We had engaged an architect for furnishing office interiors. we incurred huge cost over it.
But the work is still incomplete. The work carried out by architect is not upto the mark, it is substandard. we have brought it to the notice of the architect from time to time but he is not complying with our requests.
what Civil/Criminal action can we take?
Preservation of documents & records
Sir,
For how long any documents needs to be preserved before it can be safely disposed off. Is there any law which prescribes limitation for the same?