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Old 19th February 2015, 17:43   #106
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

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Originally Posted by directinjection View Post
Lack of efficiency and coordination at police's end. I suppose the FIR was registered at a different police station.


Thanks a lot directinjection.

Yes the FIR was done in Electronic City bangalore which is about 350kms odd from Shimoga.


Yes. The bike didn't cause the accident and death by itself. If the police station in question is not aware of the theft, they are reasonable in assuming that the registered owner caused them. Your friend must carry with him copies of all the documents such as the theft complaint and FIR. He needs to narrate the correct facts to the police and make sure they record them correctly. To prevent any harassment, he can take a lawyer along.
I have adviced him to do the same, as he is not a localite and all the legal papers are in vernacular. Post furnishing of the documents, will he get the bike back or will it in their custody?
Also will this effect his insurance payout? (since the bike is involved in a legal case and most probably be used as an evidence).

Thanks

Last edited by adhiraj : 19th February 2015 at 17:45. Reason: typo
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Old 20th February 2015, 16:01   #107
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

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Originally Posted by adhiraj View Post
I have adviced him to do the same, as he is not a localite and all the legal papers are in vernacular. Post furnishing of the documents, will he get the bike back or will it in their custody?
Also will this effect his insurance payout? (since the bike is involved in a legal case and most probably be used as an evidence).

Thanks
The bike will remain in custody for evidence purposes. What is the condition of the bike? It can be got released on what is known in North India as "Superdari" for which your lawyer would need to file an application before the magistrate hearing the accidental death case. Insurance payout should not be affected.
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Old 20th February 2015, 16:26   #108
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Require advice from Lawyers on this forum.

My mother-in-law passed away last year and wife is her only child. She had some ancestral property which was undivided. She has two brothers and one sister. Now her brothers have sold the property without informing my wife or their sister.

I would like to understand whether my wife has any rights to the property?
If yes, how could one go about ensuring equal division of property.

Thanks.
Yes, your wife is entitled to her share of the property and her brother wasn't within his right in disposing it off without her consent.

Has Mother-in-law left behind a will? In the absence of a will, the property will have to be divided equally.

You may have to institute a Suit for Partition and Injunction (in the event the property has been alienated or encumbered) at the earliest.

Get in touch with a good property-lawyer and don't forget to take along all the paperwork in connection with the property, including Sale Deed, Katha Extract, EC, etc.

Try and sort it out, outside the Court because it can get quite tedious once proceedings are underway. Start out with a legal notice to form your base and take pictures of the property in question.
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Old 21st February 2015, 19:20   #109
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Originally Posted by speedmiester View Post
Require advice from Lawyers on this forum.

My mother-in-law passed away last year and wife is her only child. She had some ancestral property which was undivided. She has two brothers and one sister. Now her brothers have sold the property without informing my wife or their sister.
======
Thanks.


Quote:
Originally Posted by suhaas307 View Post
Yes, your wife is entitled to her share of the property and her brother wasn't within his right in disposing it off without her consent.
=============
Get in touch with a good property-lawyer and don't forget to take along all the paperwork in connection with the property, including Sale Deed, Katha Extract, EC, etc.
=====.

Adding to what Suhaas has said, I suggest you additional file a suit for letters of administration of her estate in the case there is no last will and testament. This will bring in its ambit all her assets (bank funds, investments etc). And if the property has been sold then you need to file a suit for recovery of the amounts received (your wife's share) by her uncles. I think Suhaas would agree with this!

Cheers
Rohan

Last edited by khan_sultan : 29th May 2015 at 21:31. Reason: reducing the quoted post text for improved readability
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Old 16th March 2015, 13:19   #110
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Guys, any advice on how to go about finding a CA in Pune. My partner and I would need to interact with them for the small start-up that we have. Basically, I am looking at someone who can manage all the accounts and filing from the next fiscal year. Any advice or help on how to find a CA, apart from justdial, would be greatly appreciated. This is one area I have very little understanding of so Im looking to research this from scratch.

Any recommendations of a good CA in the Kalyani Nagar, Viman Nagar, Koregaon Park, Kharadi areas would be awesome.
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Old 16th March 2015, 22:18   #111
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Are there any lawyers (or anyone who has sufficient experience ) who can advise me on health insurance frauds ? I suspect fraud by an agent . He is hiding a lot of information from me . Urgent help needed.
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Old 17th March 2015, 22:54   #112
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Guys: A friend wants to start a small company working from home designing advts etc. He and has friend want to start it. They already have 4-5 clients and now want to make it formal as they see good growth. Should they register as Pvt Ltd or LLP?

They enquired and people quoted around 20 to 30k for getting dig certificate, DIN, then registering company, PAN etc. Is that nominal?
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Old 18th March 2015, 00:32   #113
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Originally Posted by thewhiteknight View Post
Guys, any advice on how to go about finding a CA in Pune. My partner and I would need to interact with them for the small start-up that we have. Basically, I am looking at someone who can manage all the accounts and filing from the next fiscal year. Any advice or help on how to find a CA, apart from justdial, would be greatly appreciated. This is one area I have very little understanding of so Im looking to research this from scratch.

Any recommendations of a good CA in the Kalyani Nagar, Viman Nagar, Koregaon Park, Kharadi areas would be awesome.

No clue about those areas, but if camp would do, there is one my family has been dealing with at clover center on MG Road.for the past few years. Mr. Sunil Baharani. The details should be easy to find online. We have had no issues with him so far 😃
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Old 19th March 2015, 20:06   #114
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No clue about those areas, but if camp would do, there is one my family has been dealing with--SNIP--no issues with him so far 😃
Thank you very much. Camp is fine as well and I have been able to find his address. I will reach out to him and see if we can come to some arrangement.
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Old 23rd April 2015, 15:07   #115
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

I have a question on M&A. We have a Company X in Karnataka, with 3 directors and in business since 11 years. Two of the directors also fully own a company Y in Maharashtra. The company Y is 20 years old, never really done any business, has no employees, it just has some fixed assets. It is literally dormant, exists only paper.

We want to merge Y into X, since X has proper operations and can utilize the assets of Y.

Is this even possible? If possible, what kind of expenses/fee/taxes are involved?
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Old 9th May 2015, 12:46   #116
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I have a question on M&A. We have a Company X in Karnataka, with 3 directors and in business since 11 years. Two of the directors also fully own a company Y in Maharashtra. The company Y is 20 years old, never really done any business, has no employees, it just has some fixed assets. It is literally dormant, exists only paper.

We want to merge Y into X, since X has proper operations and can utilize the assets of Y.

Is this even possible? If possible, what kind of expenses/fee/taxes are involved?
Hi, Any two companies can be amalgamated subject to:

(1) their respective shareholders resolving to do so by special resolution (i.e. >=75% majority);

(2) a scheme of amalgamation being presented to each of the High Courts in the states where they are registered (if both in one state, then only to the HC of that state)

(3) publication of the proposed scheme in the two states (in English and vernacular newspapers)

(4) the respective creditors of each of these companies agreeing to the scheme at a meeting (or waiving their tight to such a meeting);

(5) no objections from any other person within a fixed time from the date of publication of the scheme (including the Registrar of Companies, Central Government, Official Liquidator of the High Courts, and the Company Law Board) -- or resolution of any objections; and finally

(6) the passing of an order by each of the High Courts involved giving operation to the scheme of amalgamation with or without modifications (exact date of operation of merger will be as specified within the scheme unless altered by the courts).

There are many post-merger filing and notification formalities.

Costs I can think of are:

- Stamp duty in certain states (such as Kar and Mah) usually a function of the value of the shares involved or the property of the companies. (In Mah it is 0.7% of value of shares allotted or 7% of value of immovable properties in Maharashtra subject to a max of 10% of the value of shares), payable once the final court order is issued.
- Fees of lawyers involved in preparing the scheme, doing the filings in courts, drafting the notices, etc.
- Fees of CAs to prepare an independent valuation of shares (necessary for determining the share swap ratio)
- Fees payable to the Registrar of Companies for the resultant increase in the authorised share capital of the transferee company (surviving company) in cases where the scheme envisages increase in authorised share capital
- Fees payable to other government / statutory bodies for change of name of beneficiary of licenses / approvals issued in name of transferor company (to transferee company) [where applicable]

Last edited by Kumar R : 9th May 2015 at 13:15.
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Old 11th May 2015, 18:13   #117
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Thanks a lot for the details. I am surprised that two high courts need to be involved. This is height of bureaucracy really.
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Old 11th May 2015, 18:36   #118
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Originally Posted by thewhiteknight View Post
Guys, any advice on how to go about finding a CA in Pune. My partner and I would need to interact with them for the small start-up that we have. Basically, I am looking at someone who can manage all the accounts and filing from the next fiscal year. Any advice or help on how to find a CA, apart from justdial, would be greatly appreciated. This is one area I have very little understanding of so Im looking to research this from scratch.

Any recommendations of a good CA in the Kalyani Nagar, Viman Nagar, Koregaon Park, Kharadi areas would be awesome.
I might be of some help to you, and would like to get in touch with you. However since being a newbie, my PM facility is not yet activated.

Last edited by Swapnil4585 : 11th May 2015 at 18:51. Reason: correction of grammatical error.
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Old 29th May 2015, 21:16   #119
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Hi Guys

I need to know the accounting entry for the following treatment:

I have purchased a machinery and the vendor has given me some coupons (worth Rs. 200) which I can redeem when I take the same machinery for servicing. What will be the treatment in my books if I dont ever redeem the coupons?

Any help would be appreciated. Thanks

Last edited by Pancham : 29th May 2015 at 21:20.
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Old 29th May 2015, 21:26   #120
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Need some help from the lawyers on the forum.
Dad has wrong date of birth in his passport since the very beginning. I decided to get it changed. Took all the documents which included the usual proofs plus 10th standard marksheet along with an affidavit stating reason of change. Now the passport office has cleared the file but it needs to be passed by the Regional Passport Officer. Is there any order I can get passed from the court which helps me in convincing the officer?

Quick help appreciated.

Cheers
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