March 2017 - Page 5 of 5

Company Secretarial Work in Pune

Company Secretarial Work

Ved Legal is a dedicated legal solution located in Pune since 2007. We offer a multitude of services in the areas of Company Law, Co-operative and Property Transfer laws. We have vast experience in representing our clients before Competent Authorities. We also undertake different types of Company/Corporate matters and Due Diligence related thereof.
As mentioned above we are specifically expertise in practice of Company/ Corporate Law, and also the Registration and Incorporation process of Company under Companies Act 1956.

We are experts in company & corporate laws with extensive experience in finance, corporate governance, accounting, legal compliance, general administration, VAT, and all forms of executive assistance and secretary ship.

CSR Consulting
We also specialize in the field of corporate social responsibility and sustainability. We support companies in ideating, planning, executing and evaluating all their CSR programs.

SERVICES OFFERED

COMPANY

• Incorporation
• Conversion of other forms of organisations into private/public company
• Annual Filing & Compliances under Companies Act 1956 & Companies Act,2013
• XBRL Reporting
• Preparation and filing of various e-forms under Companies Act 2013
• Drafting, alterations to Memorandum & Articles of Association
• Changes in Capital structure, Issue and allotment of securities
• Charge- creation, modification & satisfaction
• Regulatory approvals from Registrars, Regional Director, NCLT
• Corporate Restructuring
• Winding Up and Dissolution Petitions
• Corporate Advisory & allied secretarial services

LIMITED LIABILITY PARTNERSHIP (LLP) & PARTNERSHIP FIRMS

• Incorporation of LLP, Registration of firms
• Conversion of Company/ Partnership into LLP
• Annual Filing and yearly compliances for LLP
• Modifications in LLP and Partnership agreement
• Appointment, retirement of partners
• Winding- up & dissolution
• Advisory Services

LEGAL DRAFTING

• Agreements for start-ups: Shareholders Agreement, Share Purchase Agreement, JV agreements
• Drafting of commercial contracts& vetting of legal agreements
• Drafting of Affidavits, Declarations & Undertakings
• Franchisee Agreements
• Technology Transfer Agreements, Royalty Agreements

INTELLECTUAL PROPERTY RIGHTS

• Registration of Trademark, Trade name,
• Registration of Copyright
• Registration of Patent
• Advisory Services

AUDIT & COMPLIANCES

• Customized Labour Laws audit
• Customized Company Law Audit & Due diligence report
• Customized Compliance Calendar under Corporate Laws.

OTHER SERVICES

• Application for Director Identification Number(DIN)
• Acquiring Digital Signature Certificate (DSC)
• PAN, TAN, MVAT, Service Tax registrations
• Investor related services:, share transfer, transmission of shares,
duplicate share certificates, De-mat applications
• Business set-up consultancy and guidance

By admin|March 6th, 2017|Company Secretarial Work in Pune|Comments Off

Who can be a Member of Co-operative Housing Society?

An individual who is competent to contract

One who has attained age of maturity.
Who is of sound mind
Who is not disqualified from contracting by any law to which he is subject, but a minor may be admitted as member through his guardian.

A firm, company, or any other body cooperate constituted under any law for the time being in force, or a society registered under the societies Registration Act, 1860
A society registered, or deemed to be registered.
The state Government or Central Government.
A local Authority.
A public trust registered.

The provisions of clause (a) shall not apply to an individual seeking admission to a society exclusively formed for the benefit of students of a school or college:

Open membership: (1) No society shall, without sufficient cause, refuse admission to membership to any person duly qualified therefore under the provisions of this Act and its bye-laws.

Where a society refuses to accept the application from and eligible person form getting membership, or the payment made by him in respect of membership, such person may make an application in such form as may be prescribed together with payment in respect of membership, if any, to the Registrar, who shall forward the application and the amount, if any , so paid, to the society concerned within thirty days from the date of receipt of such application and the amount; and thereupon if the society fails to communicate any decision to the applicant within sixty days from the date of receipt of such application, then the person making application for membership becomes member.

By admin|March 6th, 2017|Who can be a Member of Co-operative Housing Society?|Comments Off

Documents need to be Handed over from Builder to Apartment Owners Association

Documents need to be Handed over from Builder to Apartment Owners Association are given below:

Proof of approved floor plans: Builder has to handover documents and proof of approved floor plans to Apartment Owners Association during handover of the apartment and its amenities.

Copy of Building plan and approval plan: All building plans need to be approved by the local authority. The builder has to handover a copy of the building plan and approval plan to the Association to prove that the apartment and all its amenities are constructed as per the plan approved by the concerned authority.

NOC from local authority: No objection Certificate or NOC is issued only to an apartment or building that does not object to the covenant of the certificate. Builder has to handover the NOC from the pollution board, electricity, water and fire department needed for the Apartment Owners Association.

Completion Certificate (CC): An apartment or building cannot be occupied without a Completion Certificate. Issuing of Completion Certificate will ensure that the owner has constructed the building as per an approved plan. The builder has to handover the Completion Certificate to the Association.

Transfer utility connection: It is the duty of the builder to transfer the utility connection to the Association during handover of the apartment and its amenities. In case the builder fails to transfer the utility connection, he has to give an NOC to the Apartment Owners Association for transferring utility connections such as electricity and water connection to the Association.

Handover of documents: Handover of documents such as original registration documents, parental documents, drawings, concerned authority approvals etc. to the association.

Advocates for The Protection of women form Domestic Violence Act

Advocates for The Protection of women form Domestic Violence Act

Ved legal is Associated with expertise Advocates in Divorce and Domestic Violence around Pune, We give assistance to woman who are subjected to cruelty by her husband or his relatives, Ved legal gives the proper consultation with the concrete solution to their clients, so that they can settle their dispute amicably. Below is the object of The Protection of Women

An Act to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.

Domestic Violence is undoubtedly a human rights issue and serious deterrent to development. The Vienna Accord of 1994 and the Beijing Declaration and the platform for Action (1995) have acknowledged this. The United Nations Committee on convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in its General Recommendation No. XII (1989) has recommended that state parties should act to protect women against violence of any kind especially that occurring within the family.

The phenomenon of domestic violence is widely prevalent but has remained largely invisible in the public domain. Presently, where a women is subjected to cruelty by her husband or his relatives, it is an offence under section 498-A of the Indian Penal Code. The civil law does not however address this phenomenon in its entirety.

It is, therefore, proposed to enact a law keeping in view the right guaranteed under articles 14, 15, and 21 of the constitution to provide for a remedy under the civil law which is intended to protect the woman from being victims of domestic violence and to prevent the occurrence of domestic violence in the society.

The Bill seeks to provide for the following:

It covers those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or through a relationship in the nature of marriage or adoption. In addition, relationships with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to legal protection under the proposed legislation. However, whereas the Bill enables the wife or the female living in a relationship in the nature of marriage to file a complaint under the proposed enactment against any relative of the husband or male partner to file a complaint against the wife or female partner.
It defines the expression “domestic violence” to include actual abuse or threat or abuse that is physical, sexual, verbal, emotional, or economic. Harassment by way of unlawful dowry demands to the women or her relatives would also be covered under this definition.

It provides for the rights of woman to reside in her matrimonial home or shared household, whether or not she has any title or rights in such home or household. This right is secured by a residence order, which is passed by the Magistrate.

It empowers the Magistrate to pass protection orders in favour of the aggrieved person to prevent the respondent from aiding or committing an act of domestic violence or any other specified act, entering workplace or any other place frequented by the aggrieved person, attempting to communicate with her, isolating any assets used by both the parties and causing violence to the aggrieved person, her relatives or others who provide her assistance from the domestic violence.

By admin|March 2nd, 2017|Advocates for The Protection of women form Domestic Violence Act|Comments Off

Advocates in matter relating to Divorce and Domestic Violence

Ved Legal is expertise team of Advocates in matter relating to Divorce and Domestic Violence, our team tries to resolve problems in couples which arise in their married life. Most of the divorce cases are from couples involved in love marriages. They marry at an early age and then file for divorce. Besides, criminal cases, like that of domestic violence can be avoided if settlement is made out of court. Many women, filing divorce are working women and if they try to reach to a conclusion through the court, they have to come there regularly. Now days, courts are overburdened.

Hence to avoid a time consuming process, settlement outside court is preferred. in a marriage there are fights and misunderstanding and Divorce is not the only solution as couple think so, the problems can be discussed and settled by way of conciliation between them, hence we have the approach to get the married couples together rather getting them apart.

Introduction

Marriage is an institution which is considered as sacred in India. But with the changing times marriage has become a subject of great judicial scrutiny. Before 1984 all family matters were seen by ordinary civil court judges who used to deal with matters like recovery of money or property. In 1984 the Government of India after the recommendation of the Law Commission in their 59^th Report the family courts were created by a Gazette notification of the Central Government. This Act was known as ‘The Family Courts Act, 1984’.

Jurisdiction

Civil matters

The family courts exercise the entire jurisdiction which is exercised by any District Court or any subordinate civil court in the following matters-

Matrimonial causes
Maintenance and alimony of spouses
Custody and guardianship of children
Settlement of spousal property

Criminal matters

The judge is vested with the power exercisable by the Magistrate of First Class under Chapter IX of Code of Criminal Procedure section 125 which is Order for maintenance of wives, children and parents.

Powers of Family Court

The family court has the power to make their own procedure.
They are not required to record the oral statement of the witness at length.
The appeal from family courts lies directly to the High Court.
The Family Court can receive any document or statement even if it is not admissible under Indian Evidence Act 1872.

Procedure to be followed by family court

Section 9 provides that the family court should try to resolve the matter through conciliation and settlement.
If there is possibility of settlement of dispute the court should adjourn the proceedings until such settlement is arrived at.
The parties of the proceeding are not required to hire a legal practitioner; however they are entitled to appoint an ‘amicus curie’ to assist the parties in the settlement proceedings.
In camera proceedings can be ordered if the parties desire. (In camera proceedings means that the public is not allowed to see the proceedings)
Judgment should be concise with the statement of the case, determination of the decision and the reason for the decision.
Provisions of Code of Civil Procedure, 1908 are applied in the enforcement of the order or the judgment.
The Court can take assistance of medical and welfare experts.

Appeal

Appeal from judgment or order of Family Court can be made to the High Court within 30 days of passing the order or the judgment.
The appeal can be on both question of law and question of fact.
The appeal should be heard by a High Court bench of two or more judges.
No appeal lies against an order which is passed with the consent of the parties.

Steps to follow for registering a suit in a Family Court

If a person wants to register a suit in the family court then he needs to describe all the details clearly on a watermarked paper and submitted along with the court fees.
Along with the suit papers the petitioner should attach an affidavit that all the facts stated in the plaint is true.
The papers are submitted to the registrar of the Family Court who verifies all the relevant documents.
These files are presented to the Principal Judge of the Family Court. After verification of each file and hearing the petitioners, the Principal Judge decides whether the suit is fit for registration.
The applicant files the summons form and gets the next date for hearing.

Grounds for Dissolution of marriage by Husband or Wife

When can Husband file petition for divorce: – Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that the wife has, since the solemnization of marriage, his wife is guilty of adultery. Adultery is a matrimonial offence when there is sexual intercourse between married person and a person of the opposite sex i.e. a married male having sexual intercourse with a female who is not his wife.

When can Wife file petition for divorce: – Any Wife may present a petition to the District Court or to the High Court, praying that her marriage may be dissolved on the grounds that, since the marriage has been solemnized, her husband is guilty of adultery, or has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman, or Bigamy which means performing second marring another person, or of rape, sodomy or bestiality which means that the husband is causing physical forcing for sexual intercourse without consent of his wife.

Divorce as per Hindu Marriage Act 1955 –

(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party:-

i) Is living in adultery; or
ii) Has ceased to be a Hindu by conversion to another religion; or

iii) Has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition; or

iv) Has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or
v) had, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or
vi) Has renounced the world by entering any religious order; or

vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; or

viii) Has not resumed cohabitation for a space of two years or upwards after the passing of a decree for judicial separation against that party; or

ix) Has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground:-

i) In the case of any marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:

Provided that in either case the other wife is alive at the time of the presentation of the petition; or

ii) That the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.

Ved legal is Associated with expertise Advocates in Divorce and Matrimonial Cases in and around Pune, and have vast experience in the Family issues which arises after marriage, Ved legal gives the proper consultation with the concrete solution to their clients, so that they can settle their dispute amicably. Below are the grounds of divorce by which the Hindu Marriage can be dissolved.