Saturday, 30 September 2017

Pensions non attachable!

Pensions – Not liable to attachment against dues on account of Income Tax - No pension granted or continued by Government shall be liable to seizure, attachment or sequestration by process of any court at the instance of the creditor for any demand against the pensioner or in satisfaction of decree or order of any such court - The present is a case of sovereign dues which would not fall in any of the categories enumerated therein which are free from attachment - Attachment with which we are concerned in the present case was neither by a creditor nor founded upon a decree or order of the Court - It is thus, not of the nature contemplated by Section 11 of the Pensions Act.2017-

4 PUNJAB LAW REPORTER - OCTOBER

Tuesday, 12 September 2017

Resign as a Director in Private Limited Company

Recently one of my friend, Director in a fast growing startup popped up this question to me. So here comes the post on it as it gave me the opportunity to brush up my Company Law skills once again.

1 Send the notice first to all other directors of the company at their registered addresses.
2 Send form DIR 11 to Registrar of companies within 30 days of notice or upload it on the MCA website.
3 After acceptance the remaining directors (minimum 2) will send form DIR 12 to ROC.
4 In case your resignation is not accepted, then ROC will adjudicate.
5 Director will not be liable for future decisions but decisions taken before, he can be held liable.

The recent amendment in companies act, 2013 has made it uber easy and simple to do the compliance.

Saturday, 2 September 2017

Ricky Chopra Interview!

Bptp ke samne sec 57 /51 Gurgaon
Fare- 225 both sides.

Analysis- our thoughts circumscribe the life we live. If you travel, you would know more, better and extra. To sum up my experience of visiting the law firm of Ricky Chopra, the one liner is apt.

The interview help me realized what all is required to be done to reach the next level. Take written English for instance. I was not aware of that being a singular which takes plural verb form.

A long way to go to perfect my writing skills.  The power of leaving one thought and without leaving it's trail is a good thing. You have to maintain a discipline of finishing the task you have started and then transition from one thought to the other should be smooth. It should not be in conflict with one other.
A good English writing capability can help you achieve lot many things.

How to inspect file in Panjab and Haryana High Court

1 Fill the form and pay the inspection fee.
2 You will be given the date and time
. Urgent option is also there same day.
3 Take the manual form with pencil. Mark your file with Court file. Mark the pages you want print out of.
4 After inspection, submit the manual and write inspected.
5 Submit the file back to officer. Your file is inspected.

Rebuttal Evidence

Evidence – 
Rebuttal evidence

Opportunity to lead rebuttal evidence is available to the plaintiff only with respect to the issue(s), onus whereof is on the defendant - Re-buttal evidence can only be permitted with respect to the issue, onus whereof was on the defendant - Plaintiff cannot be permitted to lead evidence in rebuttal with respect to the issue, onus whereof was on the plaintiff.

(2017-3) PUNJAB LAW REPORTER 869

Wednesday, 23 August 2017

How to file Consumer Case in Chandigarh

Filed the case today on 23.08.2017 for
Rajesh vs. HDFC

Checklist

0. Index
1. Complaint u/s 12 - Rs 1 photocopy
2 Detailed Affidavit - Rs 20 attest
3 Annexures- true copy, sign , Advocate
4 three copies each for bench
5. First copy affidavit, dates on all petition.
6. On vakalatnama your address and phone number.
7 Write on 2nd page, noted for 03.09.2017
Adv Satish Mishra,  sign above, dated 01.09.2017. Case gets listed for one day after.
8. When some mistake put up as it is and make sign. 
9 Postal order rs 110.  No ticket on vakalatnama.
10. File cover- Rs 15 plus 15 for 3, threads.
Ready and your case gets filed in.
Rs 250 for entire case.

Tuesday, 15 August 2017

Index for RSA

Urgent form
Court fees
Exemption application 151 cpc
Affidavit
O 39, R 1, 2
affidavit
041, R 27 additional evidence
Affidavit
Grounds of appeal in RSA
Affidavit
Memo of parties
Copy of judgment / Decree of civil judge
Grounds of appeal in RFA
Copy by district judge order
Annexures which supports your claim
POA