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Anonymous   18 July 2022 at 14:07

Need clarification on notice period clause

We have following clause mentioned in offer letter for RSUs or bonus:

"For purposes of this document, Participant's employment or service will be considered terminated as of the date Participant is no longer actively providing services to the Company or its Affiliates Unless otherwise determined by the Company or as set forth in a written agreement between Participant and the Company, Participant's right to vest in the Plan will terminate as of the Termination Date.

The Termination Date will not be extended by any notice period (e.g., Participant's period of service would not include any contractual notice period or any period of "garden leave" or similar period mandated under employment or other laws in the jurisdiction where Participant is employed or otherwise rendering services or the terms of Participant's employment or service agreement or other employment or offer letter (if any)."

Now the confusion is if the employee is getting RSU vested during notice period or about to get bonus during notice period then as per this clause can he get the bonus or will the RSU vest? we are confused with following particular statement:
"Participant's period of service would not include any contractual notice period or any period of "garden leave" or similar period mandated under employment or other laws in the jurisdiction

Now suppose employee is having 2 months notice period and he is supposed to get bonus in 2nd month of notice period what will happen as per the above clause? will he lose the bonus/RUSs? or he will get it as normal?

Thansks,

IRSHAD ANSARI 8354   15 July 2022 at 20:59

174 mv act

सर्
मोटर एक्सीडेंट क्लेम में वाहन के स्वामी के खिलाफ आर्डर पास हुआ है।रिकवरी सर्टिफिकेट कोर्ट द्वारा जारी हुआ।कलेक्टर के यहां से यह जवाब आया कि वाहन स्वामी की मृत्यु हो गयी है।वाहन स्वामी के नाम से जमीन है।क्या कोर्ट जमीन को कुर्क करने का आदेश दे सकती है।कोई रूलिंग है।

Anonymous   13 July 2022 at 17:09

Dismissal of criminal complaint

My query is that criminal complaint dismissal by JMFC can file revision or appeal against the dismissal with supreme court. Please advise.

Anonymous   08 July 2022 at 18:02

Leave & licence agreement

Dear Sir, I had given out my flat in lower parel on rent from March 2021. My tenant had insisted for 2 years lock in which is in force till March 2023. The agreement is registered. Suddenly on 6th July i got a call from my tenant that he is vacating the flat and giving the key to an agent. I was shocked. I said you can vacate like that. I will let you go once I get a new tenant. Why should i suffer the losses. Then he started threatening me saying I will not pay rent and I will not give possession of your flat. Do whatever you want. I will put your flat on airbnb, I will make your life hell. So I called my lawyer. He had advised me register a complaint in police. I gave a letter to police. In the meantime my tenant went to police and handed over my flat key to a constable and sent me a SMS stating

To,
Janhavi Sadanand Mantri
This is to let you know that I have legally given up the possession of the rented property at C-203 Neelganga apartment. The Key (same one which you gave me in March 2022) was returned to Hawaldar Shinde from NM Joshi Marg Police Station. He has a paper with your name and mobile number along with the house key. I have also spoken with senior Police officer about the handover of possession of the property. I have paid latest electricity and gas bill this week itself which you could check online. Also I have paid rent in advance until 9th of this month plus you have 2 months rent as deposit. I tried my best to negotiate a middle way for you to have no loss atall since I had signed a lock in period of 2 years however you went to Police Station with a civil matter. Hence forth if you would like to communicate then please coordinate through courts as I do not wish to communicate with you anymore.
Tenant
-Azim Khatib
7th July 2022


Now I don’t know what to do. Please guide.

Thank you,

Janhavi Mantri

hemal8110   01 July 2022 at 14:00

Noncompliance of gic order for affidevit copy

In reply of my action taken report RTI,GIC,Gandhi agar order to pio,sub registrar to provide affidevit of missing deed copy of land.However it is already ordered by GIC 9 Month ago.I complain to HOD,Collector & no action taken at that time.But now this is 2nd time pio violate GIC Orders.What to do further?

Anonymous   01 July 2022 at 00:51

Detention under crpc 151

Hi,
I was recently detained by UP Police (Phantom) and got released after furnishing bail bond. At the time of my arrest (I wasn't aware it was arrest), that we (Phantom) are asked to take you to police station because we have a written complaint from your wife. Since my wife have many times dialed 100 and woman hotline number many times in past few months and as a process both of us had to visit the local PS and from there the Police usually advised my wife to take the matter to court. However this time I was taken to PS on 1 June at 21:30 hrs and wasn't informed until next day that I have been booked under CrPC 151 and the form submitted to SEM read that "while our patrol on June 1, we found this person yelling and fighting with his wife and attempted to warn him. But the person overlooked our warning and thus has been detained under sec 151". The form didnt mention my wife or the context of detaining me. There was clearly no violence at the time of my arrest and I cooperated with Phantom police and wilfully went with them. If I would have been doing such a misconduct the neighbours would have watched too. The police came in silently, first called up my wife on the gate and then showed me a written copy of her complaint filed a week ago. The Phantom police told told me that they are taking me to PS because of that written complaint. Is such detention lawful? Can I establish that such detention was caused by my wife's action? Kindly advise

Asim Das   30 June 2022 at 22:08

Gst related query

Sir,
A developer constructed multi storied building under joint development agreement . now this building contains various flat some having carpet area more than 60 sq mt some units less than 60 sq. mtr.
So while selling flats /residential units having carpet area less than 60 sq. mt. can he impose 1% GST and for those having more than 60 sq. mts. carpet area 5 % , the price limit being within the prescribe limit as per Gst law.
Please guide me.
Regards

Anonymous   29 June 2022 at 08:18

Existing home loan on to be redevelopment builder

I have a home loan of Rs. 28 lac on My one BHK flat in Dombivli Since 2013. Now the building is going for redevelopment and the builder wants noc from Financial institution. I met AXIS Branch Manager, he is refusing due to security. I told him that mortgaged flats area is getting bigger in redevelopment as we are getting addl. area. We are doing indivisual aggreement. But he is refusing. Builder is telling there can be a tripartite agreement between Builder, bank and me, but Bank is telling to clear the loan which is not possible for me now. What should I do Please guide me.

Mahesh Aswaney   27 June 2022 at 21:16

Repossession of flat


I own a flat of 600 sq ft in A COOPERATIVE HOUSING SOCIETY IN GHATKOPAR WEST ,

MY GRAND MOTHER HAD LET IT OUT IN 1968,
The rent was fixed at Rs 120 PM and ever since then it continues till date .
The SHARE CERTIFICATES ARE IN OUR NAME AND MAINTENANCE BILLS ARE ALSO IN OUR NAME .

NOW THE SOCIETY HAS JUST ISSUED A LOI FOR REDEVELOPMENT .

QUESTION :
1.00 CAN WE EVICT THE TENANT (HE MAINTAINS IT WAS UNDER PUGDEE .(OUR CONTENTION IS THAT IN A COOPERATIVE HOUSING SOCIETY PUGDEE IS INVALID .
HE HAS NO DOCUMENT TO PROVE IT )

Q: IS THIS CONTENTION CORRECT .

2.00 THE DEVELOPER HAS OFFERED 300 SQ FT ENHANCED AREA .

CAN WE ASK HIM TO COMPENSATE FOR THIS AT THE CURRENT RATES .

AND REACCOMODATE TENANT AS A TENANT IN A REDEVELOPED FLAT OF EXISTING AREA ,OF 600 SQ FT 

IN INTERVENING PERIOD OF REDEVELOPMENT TENANT CAN GET RENTALS FROM DEVELOPER .

Q 3 WILL THE AAA BE SIGNED WITH US OR OWNER .

OUR STRATEGY IS AFTER REDEVELOPMENT WE WILL ASK FOR RENT AT MARKET RATE FAILING WHICH CAN WE ASK HIM TO VACATE ?.

IS THIS POSSIBLE 

PLEASE ADVISE ON ABOVE OR ANY OTHER ADVISE WHICH WILL HELP US RETRIEVE THE FLAT .

(LASTLY THE SOCIETY HAS 81 MEMEBER’s AND 12 no’s ARE TENANTS .

7 OUT OF 12 HAVE NEGOTIATED TRANSFER OF OWNERSHIP BY RECEIVING 1/3 COST OF FLAT I.e RS 57.50 LACS (ON BASIS OF PUGDEE HOLDING)


Please advise framework of notice to be served on tenant .

Anonymous   22 June 2022 at 11:40

Common plot

The builder had passed the layout with common plot from Vadodara Mahanagar Seva sadan during the year 1991 claiming to construct a society.

Out of 45 House, They built 33 Houses & remaining 12 plots sell to the members.

While making of a dastavej with all 45 stakeholders, The Builder had put a condition of Keeping all rights of Road & Rasta as well as common plot with him to the extent of selling of it by him to any of the member in a society & with this consent as well as agreement on part of stakeholder only made an agreement of sale deed duly registering of it in a registrar office with all members.

Simultaneously, They divided the area of common plot in 12 Plots & sold it to 12 members of the society with a condition of not making any construction in common plot area. The 12 members had also paid stamp duty for that & registered their dastavej with part area of common plot.

So, Right from the beginning the common plot is only appearing in Layout passed by VMSS but physically it was not at all framed right from the beginning in the society.

Also, Even till Today the society is neither registered nor elected any president or Pramukh officially.

Now, After a span of almost 30 years one House from the slot of 33 House has been sold & the new stakeholder(Only one member) has initiated the process of opening of common plot with VMSS.

Query : (1) Can 12 members can get a benefit of Adverse Possession?
(2) Can 12 members possession of common plot can be challenged in the court by any of
33 members, who had already given a consent of waiving off of the rights of Road /
Rasta & common plot to the builder during the year 1991-95?.
(3) The property card has also been made accordingly for all the members & paying Tax to
the VMSS individually
(4) The 12 members have also not made any construction in common plot area except a
boundary wall for protection purpose & use it as a Garden.

Kindly advise in this regards.