Member (Account Deleted)
09 October 2009 at 23:36
Can an advocate sign with green ink pen?
Advocates profession is a noble profession and treating him as a Law officer.
skg
09 October 2009 at 23:13
Dear legal experts,
I am really thankful to all of you for your valuable advice on justification of telephonic recordings and print out of email as evidences in court.
In continuation of the same can I have some judgements/case laws specially by Hon'ble Supreme Court or Hon'ble High Courts or even from District Courts.
With warm regds
skg
rajvinder singh
09 October 2009 at 23:12
There were two brothers .both constructed their houses on the plot of land which they got as per their share.as the plots were on road side both brothers decided to construct the shops on the front portion of plots and they constructed their houses behind the shops.for the purpose of ingress nad egress both kept a common street by leaving 2 feet of land from each plot.in this way 2 feet of land was left on western side by one brother and 2 feet of land was left on eastern side .consequently rasta of about 4 feet com into existence. Both of them used rasta since 1965. Now what happened one brother who was living on western side of my client sold the plot along with his house to some one. In the sale deed there is no mentioning of street which is 30 feet long.the said purchaser again sold the land to someone.this 2nd purchaser now demolished the whole house and started saying that he is the owner of 2 feet of land which was kept for common passage and enjoyed by my client for last 40 years along with his brother. A suit for injuction was filed .status quo guaranted on the basis of lc report. Sir they preferred appeal against the status quo order. Sir please suggest me how to counter the argument that rasta has not been mentioned in the sale deed. Pls suggest other arguments also
Raj
09 October 2009 at 22:57
I am a partner in a partnership firm registered in Mumbai, now i want to retire from the firm. I went to the Registrar office in Bandra, I got incomplete replies as one gets from a Government clerks.
Two of us are retiring from the partnership so i have prepared the Deed of Retirement as guided here. Form E has been filled as required.
We also want to change the address of the Firm, Do i have to fill some other form and make some changes in the Deed of Retirement ?
M G Shanmughan
09 October 2009 at 21:08
the acid value of oil will increase by delaying the chemical analysis.is it true ?any ruling or authorization.
Anand Padmanabhan
09 October 2009 at 20:54
Please let me know the rulings regarding:
The society passed resolution in SGM for billing on equal share basis the common charges as per byelaw no.69.
Certain Amalgamated flats not passed as per BMC Plan but amalgamated on self basis are refusing the share mentioning that it is a amalgamated flat and one family is living with one door and one kitchen etc.
allurisivajiraju
09 October 2009 at 20:43
Respected Seniors,
A Boy and Girl fall in love and both are enjoying from 2 years with physically and sexually. Now that Girl ready to marry another person without just and reasonable cause.
That Boy is still wants her and disturbed mentally and he is under treatment for mental shok and he also loss his bright carrier.
In the above circumstances what is the remedy available to that boy. What is the procedure to stop the marriage to be performed by that Girl with another person.
Thanking You Sir in Advance.
sunil
09 October 2009 at 19:52
Respected Sir/Madam,
I have submitted resignation from my centeral govt. post for relieving me with immediate effect.I have also deposited one months salary for the one months notice period.There is no other dues against me. No vigilance/ disciplinary action is pending against me.But the department has not accepted my resignation even after one week and Deppt. is not relieving me.But I am not able to continue my duty. As I have to join another post.I have applied for new job without giving any notice to my present deppt.Can I go prior to
acceptance of my resignation by taking leave or remaining absent. So that I may join the other job?
Manpreet Kaur
09 October 2009 at 19:46
Hi,
My grandfather had a small factory for manufacturing tea machineries. After my grandfather expired, my father is running the business solely since the age of 16.
My fathers have 2 younger brothers, both married. The elder brother amongst the 2, expired around 15 years back due to drinking problem and didn't contribute anything or participated in the business. He has a son, age of around 18 years. The youngest brother also didn't do anything to the business nor did he participate. But he is running is wood business in Shillong on sole proprietary basis. My grandfather didn't make any will for the property. And we don't share any profits or revenue of his business, neither participated.
The factory is a partnership business as prepared by my father, wherein both brothers’ wives are partners along with my father and eldest sister.
But except my father, none of the partners contributed/involved in any business transactions of the factory.
But my father's youngest brother's wife has the signature authority in the factory's account along with my father. Now, youngest brother and his wife (both advocates by education) are disputing everyday with my father asking for the share of profits/revenue of the factory business as she is having partnership as well as signing authority to the factory's account. Also, the youngest brother is asking for the property division and his share at the earliest and also wants to run factory along with my father and wants the share of it as well.
He has taken all the cheque books and checked the account as well from our accountant and started sitting in the office of our factory.
My father has built the small factory into a big one all alone with reputed recognition in the state. He doesn’t want to give any share of the factory business neither wants to involve him in the business. He is emotionally torturing my father (59 years old) and my youngest sister (20 years old) who is looking after the factory everyday. Our family stays in the same campus in a separate house built by my father. The paternal home of my grandparents is lived by both the brothers and their family. In the meanwhile, the widow of the elder brother is asking for their share as well, as she says her son doesn't study and she needs financial security as well, wherein my father gives her monthly money for her regular expenses including her son's education fees, etc.
Kindly advice, can my father's youngest brother claim of factory ownership and share, and also his wife.
Now when the property division will happen, shouldn't youngest brother claim the property share what was left when my grandfather expired and not now when my father has built such a big business and property.
Please advice.
Regards,
Manpreet
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Bonus/Exgratia/other type of payments after Merger date
Dear legal experts,
please give your valuable advice on "bonus/exgratia/other type of payments to employees of transferor company" issue on amalgamation and mergers of two companies having synergies in their businesses.
Facts : A sick company(transferor company) gets merged with a profit making company (transferee company) thru a scheme of amalgamation as per approval of MCA AND HIGH COURT ORDER AS PER PROCEDURES LAID DOWN DURING MERGERS.
The transferee company is getting several benefits worth crores under Income tax and sale tax heads due to this merger.
For employees of transferor company there is a clause which states that "due to this merger their benefits will not be less favorable then those they were getting before this merger".
The transferee company convert the salary structure of employees of transferor company as per salary structure of transferee company wef merger date.
Now at the time of releasing bonus/exgratia the transferee company did not give the same percentage of bonus/exgratia to employees of transferor company by saying that they were only entitled to that minimum bonus which they were getting before this merger and in this way this is not less favorable to them as per clause of amalgamation.
My question is on this very issue.
Since wef merger date employees of transferor company have become employee of transferee company why the employees of transferor company not entitled to that percentage of bonus (which as per definition do not constitute part of salary but is derived from profitability of companies).
If the merger permits the transferee company to enjoy benefits of several crores wef merger date then why after this merger date the employees of transferor company are treated differently from employees of transferee company.
Isn't this a discrimination between employees and hence can this merger be challenged by emoployee(s) of transferor company on grounds of this discrimination i.e. employees are given different bonus/exgratia percentages after merger date.
Broadly speaking my question in general will become :
Whether the quote in the clause "will not be less favorable to them after this merger" implies that in future also i.e. even after this merger date the employees of transferor company are not eligible for those benefits enjoyed by employees of transferee company and will be on mercy of management of transferee company and they will always remain employees of sick transferor company and accordingly the benefits of profits of transferee company will not be passed to them as passed on to existing employees of transferee comapany.
Whether the revival of sick company due to mergers is not the revival of its employees?
Please provide some case laws/judgements against this discrimination on Bonus/benefit to employees of transferor company after mergers.
Rgds
skg