N.K.Assumi
30 August 2008 at 11:10
Should India do away with Adversary system of justice?
Chandan Garg
30 August 2008 at 10:10
We in our company when appoint some one as a trainee , we get a bond signed from them,
i am writing the essential clauses mentioned in the bond here , kindly tell me whether the bond is executable, kindly suggest if any of the clause is making the bond non executable in case the employee break the bond.
05. That the Trainee agrees to abide by the services rules whether during the period of his training or thereafter and other standing instructions with regard to attendance, leave, disciplinary matters and other rules as framed by Company from time to time. He shall also have to comply with such orders and instructions, which may be given to him from his superiors from time to time.
06. That the Trainee will not, at any time, whether during the continuance of this Agreement or afterwards, divulge or disclose to any person any knowledge or information which he may acquire in the course of his training period or during his employment with the Company and shall use his best endeavors to prevent the publication or disclosure thereof.
07. a. That if the Trainee leaves the Company during the training period of one year as agreed upon, then he shall be liable to pay back an amount of Rs. One Lac ( Rs.1,00,000 /- ) to the Company.
b. In case the Trainee, after completion of his training period, does not join work as a regular employee, then also he shall be liable to pay back to the Company an amount of Rs. One Lac ( Rs.1,00,000 /- ).
c. In case the Trainee joins regular work after completion of the training period, but does not complete the full period of three year’s services as agreed upon, then he shall be liable to pay back to the Company an amount of Rs. 2,00,000 /-.
d. In case the company asks the Trainee to leave the company for any other reason than given in clause 9 (a), then the Trainee shall be liable to compensation equivalent to the amount given in clause 7 (a), (b) or (c) as may be applicable at the relevant time.
e. For this purpose, it will be assumed that the Trainee has left the services of the Company if he absents himself without seeking sanctioned leaves for more than 10 days or more at a stretch.
08. That the Trainee specifically agrees that he shall not join any other firm or Company before completing the training of one year and service period of three years. He also agrees that it shall be lawful for the Company to restrain him by an order of injunction or otherwise in case he commits breach of this condition.
09. a. That if in the opinion of the management, the Trainee is negligent or inefficient in the performance of his duties or shows inadequate progress in work or is found to be otherwise unreliable or of unsober habits or immoral in conduct or should the Trainee willfully disobey orders or be in breach of this Agreement or be guilty of any misconduct or the Trainee has made any wrong declaration at the time of employment, then the management can, after giving an opportunity to explain and clear himself, terminate the training arrangements without any notice or payment of compensation in lieu of notice.
b. If the Trainee completes three years of regular service after his training period and continues in service thereafter, then all service Rules, Regulations and / or Standing Orders of the Company as may be applicable at that time will apply to him.
Chandan Garg
30 August 2008 at 09:17
pls tell me what is the criteria for applicability of Workmen compensation act on a company..
as our company is a steel manufacturing company having employee strength of 5000 and more than 25000 contract labour..
pls tell whether the WCA will be applicable of ESI and why....
thanks
SANJAY DIXIT
29 August 2008 at 23:41
I given a sum of Rs 2 lacs as a token amount for purchase of a house & get a paid receipt of said amount on revenue stamp signed.No agreement was executed. Later it come to know that the said property was disposed off to some other person. I demanded back the money, he given a A/c payee cheque of Rs 2 lac after a great time spoil. Cheque dishonoured. On consultation he paid cash of Rs 1 lac 20 Thousands in total in instalments till today.
He is not paying the balance now.
1) What should I do now?
2) whether the part payment will efect the case U/s 138 NIAct, if I produce the cheque again (as nearly 45 days over of bouncing the cheque)and give him a notice U/s 138 NIAct?
3) If no how may I send a Notice for dishonour of Cheque for whole amount, when I received already a part of it.
Pls suggest.
surinder
29 August 2008 at 23:35
dear lawyer friends
this is top inform you that i had started a company with two of my colleagues working in the previous company 12 years back ,as we had the trading of computers as our line two people took up sales and one of them took up the responsibility of suppport and finance ,after the company has stabilised ,the support guy is asking us to move out by giving us a paltry sum,one of the partners has agreed while i dont want to give in as i have spent a good number of years in building up this enterprise
the clients that we brought in were not supported to that much extent as a result inspite of that there was no let up in sales at all
now after 12 years i dont have that much of energy to restart a new enterprise as now i am suffering from asthma and knee pains
it is my humble request to suggest me
a) how can this guy evict me?is it possible
b) it started with a partnership but we formed a pvt ltd after four /five years
c) what action can i take against this guy?
d) if i stop working and just sit down can he evict me on grounds of non working?
e) if i start a parallel company and keep on taking remuneration from this also ,will it be treated as fraud?
f) can he stop a buyer from buying the company?
g) how are the ways he can harm me?
an early answer would be appreciated
regards
surinder
an early reply would be highly appreciated
SANJAY DIXIT
29 August 2008 at 23:24
If a person is travelling with a II class ticket but found in a sleepar/higher class coach in a train and it meets with an accident. What compensation would be given to the heirs of such a passenger ?
CHIRAG SAWANT
29 August 2008 at 16:37
I AM A STUDENT OF CA FINAL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA. THE ISSUE IS I WANT TO GIVE CA FINALS EXAMINATION AT VADODARA CENTRE IN THIS NOVEMBER, 2008 AND FUTURE EXAMINATIONS TOO AND THE ONLY ERROR COMMITED BY ME IS NOT NOTIFYING THE ICAI ABOUT MY ARTICLESHIP OF 3 YEARS AT THE INCEPTION. NOW, TO GET IT VALIDATED I HAVE TO SUBMIT FORM 103 /102 TO THE ICAI WITH BACKDATION. AS FORM 102 IS SIGNED BY FRANKING STAMP OF 65/- SO NOW IT'S NEARLY DIFFICULT TO GET IT DONE. KINDLY, SUGGEST ME THE APPROPRIATE AUTHORITY INCLUDING HIGH COURT WHO CAN VALIDATE IT WITH BACKDATION EFFECT. I HAVE EVEN WRITTEN LETTERS TO THE PRESIDENT OF INDIA AND HAD RECEIVED IMMEDIATE REPLY TOO. CAN THE PRESIDENT OF INDIA, BEING THE HIGHEST AUTHORITY IN INDIA CONSIDER MY CASE TO BE GENUINE IF I GO THROUGH HIGH COURT TO THEM FOR VALIDATION. KINDLY REPLY ME AT THE EARLIEST.
advocate satya
29 August 2008 at 15:34
sir
can i get a draft of notice for recovery of certain amount as ordered by the court to opposite party
N.K.Assumi
29 August 2008 at 14:56
What is the value of letter of intent and what are its nature.
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property law
hello
i want to know that what is the difference between later of administration,hair ship certificate,succession certificate & probate
please give me reply argent.
thanks in advance
----madhur mehta