Time Limit
pratik
(Querist) 19 November 2009
This query is : Resolved
63. Criminal liability for misstatements in prospectus
(1) Where a prospectus issued after the commencement of this Act includes any untrue statement, every person who authorised the issue of the prospectus shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to 1[fifty thousand rupees], or with both, unless he proves either that the statement was immaterial or that he had reasonable ground to believe, and did up to the time of the issue of the prospectus believe, that the statement was true.
(2) A person shall not be deemed for the purposes of this section to have authorised the issue of a prospectus by reason only of his having given--
(a) the consent required by section 58 to the inclusion therein of a statement purporting to be made by him as an expert, or
(b) the consent required by 2[***] sub-section (3) of section 60.
Rule 8 (c) of the Compaines (Disqualification of Directors Under Section 274(1)(g)of the Comapines Act, 1956)Rules, 2003.
1.) As Per Rule 8 (c) of the Compaines (Disqualification of Directors Under Section 274(1)(g)of the Comapines Act, 1956)Rules, 2003. The Central Goverment shall take such Steps as may be required to update its web-site to ensure taht name of the person, in whose Disqualification period has experied after 5 years is deleted from the web-site.
It Means that the Disqualification director name should remain in the web-site of the central goverment or MCA or minimum 5 years.
2.) Adjourments Send to ITO OR Any higher Authority above the ITO or the adjourment send to the court to taken the adjourment can be sign by the employee , managing director, director or any unqualified person of the company , firm, properitor concern, aop, boi, co-operative society.
3.)how many Adjourments can be made To the ITO or Any higher Authority OR to the court .
Above Mentioned Queries As Per Which Section, Act, Rule, Order.
Mukhtarnama, Vakalatnama, Power of Attorney, Letter of Authority.
What do the abovementioned means and when we attend the ITO or any higher authority or if we attend to the court which one is more favorable and as per which section it is applicable.
As per The Companies act, 1956 Extraordinary General Meeting
1) In Case of approval of any document or documents has to be done by the members of the meeting, the notice must also state that the document would be available for inspection at the registered office of the co during the specified date & time.
So in case of co don’t display the document or documents which was approved than what is the penalty provision or any prosecution. As per which section or in which section it has been mentioned the penalty cause. Please help it out.
As per The Companies act, 1956
The Court on application, may order the holding of a creditor’s meeting. But if the court reject the application than what can we move any competent court or any other kind of provision under the Companies Act, 1956 can court reject the application if yes than on what ground the court can reject and how to rectify the grounds on which the court has reject the application. Please do the needful. Also as per which section the court can reject or act.
Partnership Act 1932
1) As Per Section 24 of the working partner should give the notice & not by the sleeping partner Why?
2) Every Partner has the right to prevent the introduction of a new in the firm without the consent of all the existing partners as per section 31. but if one of the partners want to introduced the new partner & the existing partner opposed it than what is the remedy as per which section or any kind of case laws .
3) The words drafted is as follows “Every partner has the right to retire with the consent of all the partners if they don’t give the consent then what to do? What is the remedy available to the partner who was to retire ?
4) when the partnership is at will firm may be dissolved by any partner by giving notice in writing to all other partners of his intention but if the remaining partners don’t agree than what can they do can they continue the partnership with all the rights & liabilities which was there before the notice given by the partner. As per which section we can file a suit or we can oppose against the partner who what’s to dissolve the firm but the remaining partners what to continue. Please help with suitable examples or case laws.
5) what do u mean by ostensible partner what are the rights & liabilities do he enjoy can he share the profit .
6) it may be noted that the minor has to give the notice to the register that he has or has not become a partner, so as per which section it is applicable. What is the time limit to give notice to the register & if not then he will be considered as a partner or not or with the penalty provision will be attracted or any kind of prosecution if any? Please help as per which section, act it is possible.
Please Provide the above query answer with the section, case laws, order, act etc.
1)If any thing is written in the book published by the publisher but written by the lawyer, ca, cs or any degree holder or any PHD person in any filed and the book or article written is not write than who is liable for the wrong judgment taken by the person who was reading the bok or article?
2) As per which section, rule, order or act the following person known as publisher or writer is in default or we can see how has made an offence & who is punishable ? please any kind of article or case laws or section mentioned the penalty & most imp the proceed.
3) what is the meaning of
Petitioner V/s Coveators
Notice of motion no. 134of 2008
IN
Petition No. 67 of 2008 .
4) Any Dispute between the partners should settled by Arbitration Act, 1940 why? What is the benefit in it ? & the partners of the partnership firm or vice –versa cannot file the case in other courts or they have to depend on Arbitration Act, 1940 only?
5) General Causes Act, 1897
1) Examples Regarding all the section because for our law college there is a project to get the marks of minimum 20.
2) So with the examples i can explain in detail.
Please help please
3) what do u mean by muktarnama
4) who are the judicial authority in india & in which section it is provided that the following are the judicial authority ?
please help
please Help.
Also Interpretation of General Clauses Act with examples for all section.
Interpretation of Taxation laws Notes Required
Meaning, Need and Rules of Interpretation of Statutes Notes Required
1) Meaning of unless the contrary appears from the context.
2) Example: 1) If Under any law it has been said that the penalty or interest should be waived but as per the other act it is said that the penalty or interest should not waived.
If Under the income tax act, 1961 if it is said that the late filing interest should be waived because the proper explanation has been given by the assessee that what was the reason that he was not able to file the return on time but as per the act which are there in India as an example IPC (Indian Penal Code) or any act say that the interest should not be waived than what to do ? Should we go with the income tax act OR other act in which it is said that the interest should not be waived.
3) If the State say that the particular tax should be collected but the constitution of India say that no amendments should be made without the approve of the president or whoever may be the higher authority to give the assent but than also the any state has amend the particular tax criteria than what to do ?
4) As Per Section 19 of the Indian Penal Code Words Are “if not appealed against” the definition of judge included the following bold words than if we appeal for any subordinate court to any higher court or for any higher court to supreme court than the judge how were there while giving there decision is said to be the judge as per the IPC.
Example: If the Judge of the high court give the decision in the favour of assessee against the revenue that the revenue File the case in supreme court than the judgment give by the high court judge is not valid because as per the IPC Section 19 the Bold Words mention Above Denote that he is not the judge.
5) what do u mean by judicial proceeding as per the law, section, rule, order, act. Define
Also the list of the judicial proceeding.
6) As Per Section 194 of the IPC what do u mean by capital offence please help me with the examples with the section 194 in detail please.
Please forward the above query with suitable section OR Any act.
Please help Please help Please help Please help.
Certificate Of Practice
1) A Chartered Accountant can hold the COP of Company Secretary?
2) Can A CS can a sign the balance sheet where he is a ca (statutory Auditor).
3) Example of 3 is if in a company CA & CS are the same than all the rights & duties are enjoyed by them as a CS & CA. (Statutory Auditor).
4)IF A STATUTORY AUDIT HAS NOT QUALIFIED THE AUDOIT REPORT THAN CAN A INTERNAL AUDIOT OR TAX AUDITOR QUALILIFED THE REPORT OR NOT WHY? FOR BOTH THE ANSWER YES & NOT WITH THE SECTION IF AVAILABLE OR ANY ACT WHICH PROHIBITS THE QAULIFING CERTIERA.
1)If Under the Limitation act & Any other Law if the appeal time is different than which time should be considered ?
2)Distinction Between Gregorian calendar & Leap Year ?
3) Limitation Act is Applicable Where, Why & When ? Advantages & Dis Advantages please provide .
Please Reply With The Answers Experts Please please please please.
Raj Kumar Makkad
(Expert) 19 November 2009
You have tried to provide good knowledge and quarries based thereon but the procedure adopted is required to be corrected. You can post all matters in the separate quarried enabling us to reply accurately.
VIKAS RAJ CHHAJER
(Expert) 20 November 2009
If possible then send the details including the above to my below address:-
Vikas Raj Chhajer
Advocte
a/153 shastri nagar,
near lachoo college,
jodhpur rajasthan
India-342001
+91 9314023636
Also if you need complete consultancy in the above matter you may contact on the given no.
Note *Consultancy charges will be applicable and be decided if required.
