In Business disputes don’t go for Sec: 138 IPC when it is not needed

Been reading this Company Order passed by Delhi Bench of Company Law Board M/s.Uttrakhand Infra Structures & Dev Pvt.Ltd

When it comes to Non-Compliance of Court’s orders we have Contempt of Courts Act to enforce compliance, but when it comes to orders passed by Company Law Board we have Sec: 634A for the purposes of enforcement. The Application should be made under Section 634A of Companies Act 2013.

  1. In this case there was an MOU between the two parties (Respondents and Petitioners) that the former will pay the pending amount of 6.5cr before the agreed date.
  2. The cheque given by respondent has been dishonored.
  3. Now both parties have agreed to ahead with the attachment of property in question through execution proceedings before a Civil Court for which this order will be the basis.

It is indeed tempting to file a complaint under section 138 of Indian Penal Code for Dishonor of Cheque but we should not do as this will unnecessarily delay the whole resolution of issue. The first step should be to seek enforcement of order before CLB, It is only because this case involves attachment of immovable property it needed to go for Execution proceedings before a Civil Court otherwise CLB could have enforced it on its own.

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Persecution by Casteist Brahmins is real. They bring disrepute to Hindu Society

Few weeks ago, I have been to a Police Station on a personal matter. Two constables were talking among themselves, one in his early 20’s tells his mate that how he is really good at bowling (cricket) and all. But whenever he went for selection he was rejected just because he is either not a Brahmin or because he is from a Scheduled Caste Community. I asked him as to why would he say like that? Then he laid out things in detail. Says that he would perform reasonably well in bowling tests, on some pretext or the other he will be rejected. In the last one he says that he was told that he has some problem with his elbow and he should get it checked with doctor. Continue reading

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Question on Company Law – Sacking a Director

Background: XYZ Private Limited has two directors in the board. Director A and Director B. One CEO C. It has two members (subscribers of shares), they are CEO C and Director A who hold 97% and 3% of shares respectively. As you must have noticed Director B is a non-shareholding director. The question: Now the company (i.e., CEO C – 97% shareholder) wants to sack the director B because of anti-company activities. How do we do it? Continue reading

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Profanity is inevitable in Political Dissent

In Snyder v. Phelps, 562 U.S. 443 (2011), the Supreme Court of US ruled that WestBoro Church had a right to abuse a family of a U.S. Marine Lance Corporal Matthew A. Snyder who died in action in Iraq because his parents happen to be Gay. The Question was whether someone had a right to intentionally inflict somebody an emotional distress under the rights given by First Amendment. The protesters had issues with the increasing tolerance towards homosexuality in the US. They raised slogans like “you are going to hell”, “God Hates you”, “Fag Troops” etc., Continue reading

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You cannot be a White colored worker if you are not a stupid & dumb

Why I normally say that IT employees(not all of them, but majority of them) are stupid and dumb on matters beyond coding or Server Administration or some specialized knowledge about specific IT products. They think that just because they earn 10 or 20 lakhs per annum as their salary and can speak in in English in conf. calls, they are on top of the world. When I call them dumb & stupid at times I say they are full blown assholes, some of my friends take objections and behave as if they are representatives of IT employees of India. Among many encounters, here is one recent example I can give to say why I say and what I say about IT Employees.

One guy registered a domain called ****.000. That name is used by a leading global bank. For eg:- lets say Colgate bank which is already in business for decades, though they did not register that domain under colgate.ooo. So, our intelligent IT employee has registered that domain ****.ooo on his name and wanted to get a ransom payment to give up that domain for the company. Company has filed a case under the rules of UDRP (Uniform Domain-Name Dispute-Resolution Policy) in WIPO – World Intellectual Property Organization.

In some of his negotiations the intelligent IT employee has asked for 100K dollars to give up this domain, and such a demand for ransom is called as Cyber Squatting in legal terms. I told him that it is a stupid move to say that, as that will become a sole ground to snatch the domain from him, still he didn’t listen. In the mean time WIPO appointed a Judge from Texas to arbitrate the dispute, it is a clear cut case in favor of that company.

Now the only option we have had was to show that there is a legitimate business interest in his favor and that is why he has registered that domain, and as a final resort even if he looses the dispute with in 30 days if a case is filed in local civil court in India, the domain will not be snatched from him – all these are based on UDRP rules. Finally I have come to know that he was looking for someone who can do all this for free. End of the Story.

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In-House Intellectuals of Hindutva: How to get it done?

Last year a noted left-wing historian Mr. Ramachandra Guha in an interview lamenting a lack of good scholars in comparison to left said right wing (referring to Hindutva Ideologues) has no intellectual class and they are literally scrapping the barrels. I have seen Jaggi’s response which is appropriate though it is defensive. Even a well-read person like R. Jaganathan could not come up with anything more than Malhotra, Jain and Sanyal. That is the limitation of Hindutva Intellectual class for you. Continue reading

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Hindutva versus Secularism

Recently concluded assembly elections of Uttar Pradesh produced results to which the Congress party and left liberal intelligentsia is struggling to come to terms with. TV journalists of one channel after other have been repeating the question whether BJP as a party will be abandoning Hindutva and focus on Development it has promised to Uttar Pradesh voter? Because Hindutva is communal and development is liberal, progressive and non-communal. Associating Hindutva with Communalism with the intention to ultimately denigrate it is an act of intellectual dishonesty practiced by left wing academia and other public intellectuals. Those who legitimize such a narrative, do it either because of their ideological inclination towards Communism/Socialism or because of their visceral hatred for Prime Minister Narendra Modi and Bharatiya Janata party. Continue reading

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