Consumer Protection Act_Practical Problems_8

My car met with an accident. The insurance claim was rejected on the ground that my driver was not holding valid driving license. Should I approach a Consumer Court for seeking the Insurance claim?

The Consumer Court will not be able to grant you any relief since the driver employed by you did not have a driving license. You were bound under law to check the ability of the person employed by you and the failure in holding a license for driving well debar you from claiming the Insurance Claims.

Consumer Protection Act_Practical Problems_7

I had applied for subscription in Rajlakshmi scheme of UTI. The essence of the scheme was that the sum of money deposited with the UTI would grow 21 times in 28 years. However subsequently, the UTI extended the maturity date by two years. Can I approach a Consumer Court?

Unilateral alteration of terms of payment by the UTI in their above scheme is “Deficiency in Service” for which you can seek relief in a consumer court.

Companies Act

Can a company secretary appointed under section 383A(1) be appointed as the manager under section 269?

Companies Act_Practical Problems_18

Mr. A, a member of ICSI is employed in XYZ Limited as Asst. Manager – Secretarial. He has been informed by XYZ Limited that he shall act as the Company Secretary of PQR Limited which is a subsidiary/ group company of XYZ Limited. Mr. A has filed Form 32 with the ROC and has signed the annual accounts in the capacity of Company Secretary of PQR Limited.

PQR Limited requires appointment of a Company Secretary pursuant to section 383A of the Companies Act. No formal letter of deputation etc. has been issued to Mr. A by XYZ Limited. Mr. A is also attending to the duties at XYZ Limited and salary, PF, TDS etc. is paid by XYZ Limited.

Question is:

a) Since Mr. A is an employee of XYZ Limited as per records, whether PQR Limited is said to have complied with the provisions of Section 383A w.r.t. appointment of a Secretary on whole-time basis ?

b) Whether Mr. A invites any penalties or violations by being employed in one company and signing annual accounts of second company in the capacity of a Company Secretary?

c) Any other consequence?

Companies Act_Practical Problems_17

Mr. A is a qualified company secretary. He is an employee of X Ltd a public company having paid-up share capital of Rs. 8 crores. Can Mr. A function as a company secretary of a subsidiary of X Ltd, while remaining on the rolls of X Ltd or should Mr. A be in the employment of the subsidiary in order to ensure compliance with section 383A of the Companies Act 1956?

Companies Act_Practical Problems_16

A Pvt. Ltd has 5 directors- 3 Indian and 2 German. On a matter concerning the company’s business, an urgent decision is necessary. Hence, a Board meeting is held at which all three Indian directors are present. They seek the German directors’ consent to the resolution by videoconference with them. The articles require at least 2 directors from each side to vote for a resolution at a Board meeting. The resolution passed in this way unanimously. Is the resolution valid?

Companies Act_Practical Problems_15

In the Board meeting, where quorum was of three Directors, four Directors were present at the meeting when it began. All participated in the discussions (audio recording is available) but only two signed the attendance register and other two refused to sign. Does this invalidate the meeting?

Is it necessary that quorum should be present at the time of each & every agenda being discussed at the meeting? OR Is it sufficient if it is present only at the beginning at the meeting? Whether the answer is same for Board and General Meetings?