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Sumit Agarwal   04 December 2014 at 12:08

Publishing news on website

Hello there,

I am owner of website www.starsclub.co and want to publish entertainment news on my website. My question is what is the legal procedure for doing so?? Do i have to obtain some kind of rights or license or can I publish it without it?
Secondly I would also like to know what will be the jurisdiction of my website. Whether it will be the location provided while registering domain, or where its servers are situated?

Warm regards,
Sumit Agarwal

Ramesh Kumar   02 December 2014 at 23:38

Change of designation


Hi Expert.

Recently my UK based health insurance company automated most of the process and re structured few members designation who where working as “Training and Quality Executives” (Role is to conduct quality checks of claims relates process and providing training to new and existing staff, mentoring etc).

Just wanted to know if below mentioned is proper employee devolvement hierarchy? Experience mentioned within the brackets.

Process Executive (2 Years) - Advance process executive (2years) - Training and quality executive (2 years) - Senior Knowledge process associate (Now)

Current ‘Advance process executive’ and ‘Training and quality executive’ also called as Senior Knowledge process associate now.

We feel ‘Senior Knowledge process associate’ is just equal to ‘Advance process executive’.

After completing 2 years of successful trainers and mentors career (Few got a Best trainer award too) now new criteria’s has been set to become trainer and asking to process from the basic level but company managed to provide same salary.

Still we feel it’s unfair to change for just 6 members designation to T & Q executives to Senior Knowledge process associate. We are little confused to accept the change in the designation as hierarchy looks like downwards career growth. However we accepted to process from the basic level if Q & T designation continues.

We have trying to talk to Managing director about the reviewing in the designation part as our trainers profile will overlap by the new designation.

If the management is not agreeing to this what would be the next steps, Can we fight for it further?

Your expert advice will be much appreciated.

Thank you.




Tushar Bose   02 December 2014 at 13:06

Notice period clause advise

Dear Sir,

I have currently resigned from my current org on 25th Nov 14 and have asked for relieving on 7th Jan 15. So i am serving 43 days out of my notice period of 90 days.There are adjustable leaves of 17 days also. But my HOD is compelling me to serve complete 90 days and HR is nt giving me relieving too asking me to get my reporting boss approval for an earlier relieving date of 7th Jan 15. Below is the extract of my appointment letter signed and agreed by me at the time of joining: "In the event of your resigning from the services of the Company, you will be liable to serve " notice period" of 3 months (90days) or pay a sum equivalent to the basic salary for the number of days un served, which will be calculated from the date of resignation letter to the date of relieving. Relieving letter will not be issued unless the amount, based on the above is settled by you, along with any other dues payable to the Company." Pls can you provide me advise on the legal impact of the same...Even I am ready to pay as mentioned in my terms of appointment for the residual 37 days. But they are not giving me option to pay and go and HR is writing on mail that I have to take approval of my HOD for early relieving date. Pls advise should I drop mail to HR offering in writing to pay and relieve me considering the legal impact.



Tushar Bose

Terry DCruz   29 November 2014 at 10:40

Sarfaesi act

My query before the learned experts are :-

Can a nationalised bank initiate action under 13(2) of Sarfaesi Act after dismissal of their money suit?

There is a clear bar from entertaining a fresh suit on same cause of action under CPC but can 13(2) be initiated?

Vishnu Soni   28 November 2014 at 14:49

Seeking opinion on section 185 of ca, 2013

Dear Sir,
This is a basic query regarding interpretation on section 185 of section 2013. My query is as follows:
A Ltd. is holding company of B Ltd.
B Ltd. is intending to take loan of Rs. 3 Crore from bank. Now the bankers says that we can give loan only if the holding company gives guarantee to bank. On interpretation of section 185(1)(e) it is produced that company can't give guarantee for the loan taken by subsidiary company if borrowing company or MD, BOD or manager is accustomed to act in accordance with direction or instruction of board of directors of lending company.
Sir I want your opinion on this matter.
Kindly resolves it asap.
hoping for your reply sooner.
I'LL be grateful to you for your valuable help.

Ritika singh   27 November 2014 at 23:30

Sebi and banking

my clients a bank have been offered pledge of shares as security by a company wherein a director is barred by SEBI under section 11 B of the SEbi Act for his misdoings in respect of another company. the sebi order specifically mentions his name. can we get the pledge agreement executed from some other director and validate the same?

DINESH GHATKAR   27 November 2014 at 11:47

Purchase and leasing of property in the name of partnership firm

Can a partnership firm enter into a contract for purchasing immovable property in the name of firm and subsequently leasing it in the name of firm ?

Can partnership firm enter into a contract in the name of firm ?

What is the meaning of person under the Indian Contract Act ? Does it include partnership firm under the definition of firm as similar to Income Tax Act?

Vivek   26 November 2014 at 16:25

Shares

Co accepts money but fails to issue shares agst it ?

What is remedy available in law ?

Member (Account Deleted)   26 November 2014 at 11:27

Friendly loan

Respected Sir/Ma'am,
I want your help or suggestions regarding friendly loan without interest which I have given it to my neighbor taking money from my father. I have given Rupees 3.2 Lac to my neighbor during period 25th July 2014 to 15th October 2014 in installments and in cash without any written proof.
Now while repayment he his continuously postponing dates and says don't worry I will anyhow pay you and also says if I have a doubt at him then he is ready to give post dated cheque and ready to sign an agreement.
Now Sir I don't know which type of agreement to be made for this purpose, what should be stamp duty value, is it valid to sign an agreements now for the payments done in earlier dates. I have searched through the web but I didn't get satisfactory answers.
Therefore I request you to please guide me through this situation, please reply as soon as possible.

Vikram Patil   26 November 2014 at 09:13

propritor of a firm

Dear all, please share your opinions on following points-
1) If a propritor of a trading firm is convicted of any offence under any sections of IPC (offence not relared to his firm), Can he still be the propritor and run the business?
2) Can a minor becone a propritor of a firm ? If yes, how?
3) Can an advocate become a partner of a trading firm? (sleeping partner)
4) If a propritor of a firm wants to delegate his day to day business work to be handled by an advocate, is it possible? ( issuing of cheques, signing on invoices and on chequebooks, entering into contract on behalf of firm etc.)