Advocate Rishabh Bhargava

Questions Answered by Advocate Rishabh Bhargava

Q: Process for change of director and share transfer

What is the process and documentation/filing required for replacing a director in a private company (consisting of 2 directors) with a new director? Also for transfer of shares and any other rights from the outgoing director to the existing director?

Advocate Rishabh Bhargava answered
The change in directorship of a company is possible any time as and when needed. The change includes addition and removal both. There can be voluntary change or due to the demand in change. The demand arises in case of need of an expert in the board or due to death or resignation of an existing director. In any such event, to exhibit the change a company must follow the rules specified under the Companies Act.Appointment of additional directorSend notice to directors to call the board meetingPass resolution for the appointmentFile form DIR-12 with MCAAt the time of AGM, pass a resolution to regularize the additional directorFile form DIR-12 with MCA

Q: OT policy suddenly changed in my office due to which people are angree

My company is changing OT policy. They said OT will be applicable now after 9 hours, 30 mins shift (per law) and it can not be changed. Are companies bound to follow labour laws ? Why other companies with similar business are giving OT above 9 hours shift ? Can’t we make it back to 9hours for employee satisfaction?

Advocate Rishabh Bhargava answered
You should write to the upper management of the company and explain the issue to them. Other than that, there is no labour law for the service industry for payment of overtime to employees. For factories and labourers there is though but not for service industry.

Q: Issue With A So Called Neighbours

Hi!! One of my neighbours bring call girl in residentional area and everyone knows this thing but nobody want to take any action because he belongs to a community which is super aggressive and thag person( neighbour) went to cetral jail as well for a criminal offense. Also, his actual home is almost 2 km far from our location, but he has occupied a land which was a government proprty. Now the question is. Where can we file complaint or to whom we can contact so that he stop bringing call girls in residentional area?

Advocate Rishabh Bhargava answered
File an FIR in the nearest Police Station. If you are not successful, take an advocate along. If that also doesnt work then write a formap complaint to the Metropolitan Magistrate of your area. Check the jurisidcitions and then write the complaint. The MM will direct the police to register an FIR and investigate.

Q: CASE STATUS- CASE DISPOSED, NATURE OF DISPOSAL - UNCONTESTED DISPOSED

Case details - FIR NO.910/19 (POLICE STATION BINDAPUR DELHI), SECTIONS- 452,323,354A,354B & 506My first question is: -1. I have applied for the anticipatory bail and the bail has been granted but when I am checking it on the website it is showing over there that the CASE STATUS- CASE DISPOSED, NATURE OF DISPOSAL - UNCONTESTED DISPOSED, though the final order and judgement is not uploaded but the concerned court as it is showing on the website. So is the case over and no more hearing's will be held in future?2. Acquittal has been done by the court in my case and I have been vindicated from this slandering accusation ?3. I am selected for a government job will it effect my police verification and is it possible that I can loose my job?

Advocate Rishabh Bhargava answered
You should check the disposal order of the court. Your job prospects will only be affected if you are convicted or have pending investigation. Also please check service rules of the department you are going to join for further clarity on this.

Q: NCLAT Judgement directing NCLT to rehear the issues

Dear SirNCLAT passed a judgement against NCLT Order and directed NCLT to rehear the issues. In the judgement it is not clarify who will inform the NCLT about the directions and judgement whether NCLAT registry or the party itself.Now what should party do? Whether party should file an application in NCLT with the Judgement copy of NCLAT or should wait for NCLAT registry to inform the NCLT?If party can directly file an application in NCLT, in such case, what type of application it should be and what all details should be filed?

Advocate Rishabh Bhargava answered
Normally the registry of NCLAT would inform the registry of NCLT but if there is a delay that an IA for revival may be filed along with the order of NCLAT before the NCLT. Such an IA would be under the NCLT rules