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Anonymous   28 April 2022 at 11:39

Employee poaching

My employer and my client has an 'No Poaching Clause' in contract. However, in my employment agreement, there is no such clause to join my client. I want to know whether 'No-Poaching' clause is valid in court of law and what repercussions can it have on me if I join my client without informing my employer.

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Anonymous   27 April 2022 at 14:54

Builder is not executing society formation

Builder promised me while purchasing flat that I have to pay advance maintenance for next 2 years and after that society formation process will be executed.

Now problem is that it’s been already 4 years completed and builder is not executing society handover process also he is keep increasing maintenance by giving exercise that “existing maintenance shares are not sufficient to run society” also we are getting sub standards services. He also promised us some services which will be delivered soon but they are not yet delivered. Even though we have asked multiple times to provide total income and expenses with bank statements but he is giving exercises on it.

So I want to take your legal opinion on maintenance part and on society handover execution.

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Anonymous   25 April 2022 at 00:12

Repayment of joining bonus and special bonus

Respected Sir,

Need your help as I'm facing a financial crisis beacuse of a sudden decision by my company to seperate me from the company showing the fact of my performance.

I joined the organization in 2021 june and I have received a joining bonus of 50 thousands in the first month pay which has a lockin period of 12 months(I am completely aware of this.) However in October 2021 the organization has surprised me with a special payout of 2 lakhs showing the facts as demand for skilled employees is more and they have issued this as a retention bonus but they never added the word ''RETENTION BONUS" where the email was with the subject of "Special Pay-Out". (I will add the email clause in the end). When I joined the organization I was hired on one specific skill set but I was thrown to a project where I have to work on a different skill set which I found hard and I was slow with getting adjusted to it. And then I was marked for a PIP (Performance improvement plan) with a 45 days notice, they did not find improvement after that and asked me to leave the organization. I acknowledged this and I have agreed for the same to leave the company within 12 months joining it. After 40 days of leaving the organization I got email stating that I have to repay the 2 lakhs and 50k joining bonus to get my relieving cum experience letter. Please guide me to face this. I am adding the email clauses and few conditions from my offer letter which might be relavant.

Special payout email extract:

We have always ensured competitive salaries for our associates including increment, promotions, and bonus pay-outs in 2020 and 2021. How ever the talent market today is very volatile for various reasons - there is pent up demand owing to lack of hiring
& pay outs last year and increased demand for digitization. As a market correction, we are pleased to announce a payout of 4 lakhs to be paid in two equal installments at a gap of twelve months in October 2021 and October 2022. The payouts are subject to you being on active India rolls (i.e., not on notice period) at the time of pay-out. Each installment has a lock-in of 12 months from the pay-out date. This pay-out is over & above all other pay outs and increments as per your employment. Needless to say, we will continue to ensure that your pay-outs are increasing in line with your performance, company’s performance, and market conditions.


ALSO few conditions in the offer letter are:

1. Additional Payout (if applicable): You will be entitled for a one-time joining bonus of INR 50000 /- (Fifty Thousand only).
This shall be disbursed through first payroll after your joining. There will be a lock in period of Twelve (12) months from
the pay-out date. In case of separation / exit within the lock in period, you will be required to pay back this amount.


2. Termination:
Subject to the retirement and the probation clauses, either party may terminate this employment at any time by
giving a written notice of two successive months to other party or the payment of salary in lieu of the notice period.
In case a shorter notice period is decided by the mutual consent, the payment of salary in lieu of the notice period
shall be commensurate with such shorter notice period. However, please note that accepting any such shorter notice
period would be entirely at the discretion of Organization.

[Sub clause of Termination tab] If you fail, refuse are unable to perform your duties or responsibilities or have been negligent, or if there is a
consistent lack of performance at your end, and/or you fail or refuse to follow any express orders or are unable to
meet the targets/goals prescribed for you by Organization.


3. Return of Organization's property and / or any amounts / advance received:
Upon termination or expiration of your employment for whatever reason or whenever requested by Organization, you shall
immediately deliver to organization all property in your possession or under your control belonging to organization or its parent,
subsidiaries and affiliates, including but not limited to all confidential or proprietary information and trade secrets
and all equipment in good condition (ordinary wear and tear expected). Any sums payable by Organization to you shall be
subject to return of Company’s property in good condition, failing which company shall have the right to deduct the same
from the amounts payable to you or demand reimbursement thereof. Additionally, company will be entitled to adjust
any amounts paid to / received by you from company, from the amounts due and payable to you upon termination.





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Fenelia Fantz   20 April 2022 at 20:25

Hi, for this

Hi, for this, you need to contact a proven elevator repair and maintenance service with highly qualified specialists.

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Krishnaiah Krishnsiah   19 April 2022 at 16:16

Insolvency

Dear experts,
A friend of mine taken loan from me for which, excuted a promissory note in favor of me and now he filed an insolvency petition before the fir an amount of rs.15,laks under which he mentioned my name also one of the creditors.
It is learnt that insolvency act repealed and how the insolvency petition maintainable?
Hence I request you all the experts may advice on this with a suitable solution

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Anonymous   13 April 2022 at 06:10

Deleting the deceased name from share certificate (mumbai)

Hello
A flat is jointly owned by father and daughter, and both their names are reflecting in the sales deed, sales agreement and in the share certificate. The family consists of son and a daughter (mother passed away long ago). Recently father passed away and left a clear registered WILL that after his demise, all his rights of this flat including the shares should go only to the daughter and nothing to his son since he had already given another flat and more to settled the son. And there's no nomination left by the Father. The very fact the daughter's name is the 2nd name in the share certificate, she already holds 50% of the property. Is it not the right for the daughter to demand the society to delete father's name, amend the records accordingly and request the society bills on her name? Kindly share your expert views in such a situation - what the bye laws says and what needs to be done by the daughter and what society should do to make this change. Thanks

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Kanti Kamal Sen   06 April 2022 at 17:50

agm of an unregistered association- can it be held?

We hava an Association of Persons,which is not registered with any Act.But we have a PAN in the name of the Association.There is no mention of convening Annual General Meeting in the Agreement of the Association. Can it call an Annual General Meeting?

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Hartmut Paul Balke   24 March 2022 at 11:07

Trust into private company

Can a public charitable trust be converted into a private company?
Can the trustees become directors in that private company?
Who is the owner of the trust's properties? Is it with the private company or remains with (leftover from) the trust?

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Adv. Nitin Prabhakar   08 January 2022 at 23:00

Msme recovery suit

After getting Arbitration Award in our favor, we go to court for execution of award. Hear in execution petition order goes ex-party. Should we go for Recovery Suit? What is the procedure of recovery of money? We are registered MSME....

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CB JayaKumar   08 January 2022 at 15:16

Partnership firm

Dear Sir,

The partnership firm at will (6 partners) is registered in Register of Firms, Tamil Nadu in 2012 but was not renewed till date - almost 9 years. We have paid income tax based on partnership PAN till date. One of the partners created problem, disagreed to cooperate and the company was dissolved on Apr 30 2021. A notice was sent to dissented partner about dissolution on May 5.

My question is can the dissented partner appeal to court.

FYI, The company was not renewed and 5 partners agreed and dissolved without the dissented partner's signature. We cannot cancel company registration from TNREGNET because of non -renewal of partnership firm.

Please suggest any ideas.

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