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Anonymous   29 January 2021 at 16:32

Served a legal notice for switch to competitor company

I had been a part of a company in Bengaluru. All my life all I know is teaching on online platform keeping the point in mind to positively contribute on youtube to help provide free education to all.

My original agreement was to serve one month notice or surrender salary for it. They just kept making false promises by holding my raise and not working on it. My financial requirements and medical bills eventually mounted up higher than what they were paying me so I quit.

I put it on mail that I am willingly resigning and due to circumstances I could only serve one week of notice. I resigned on 15th but worked till the last week of that month and didn't take my salary for it.

Now they serve me a notice telling that I absconded even though I resigned and they replied saying my services with that company is terminated.

Non compete is something that cannot be enforced is what I heard. Section 27 or so. See, unless I move to a competitor and teach and stay in education, I will not be able to earn bread and butter. Its like slave labour saying I am not supposed to use MY SKILL later on.

The monitory impact from me teaching on YouTube for the companies does not lose them or make them money. Yet they want 10L in damages.

I find it absolutely meaningless with their goal to get me fired from the new organization just because I am really good at my job of teaching people for FREE.

Lawyers are the first guard of justice. Please help me with some advice here. In a tight spot financially and of course good chance I will be asked to resign from the current company due to legal headache.

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abhijit majumder   28 January 2021 at 15:58

Resignation from the post of company secretary

To
The respected experts
One of my friend joined in a company as a Company Secretary . As per companies act,2013, for appointment as a CS the incumbent have to file DIR-12 to Ministry of Corporate Affairs(MCA). So she filed DIR-12.
She resigned from that Company on 11th November,2020. Board accept her resignation. But still today the company has not filed DIR-12(for resignation of CS).
In spite of repeated reminder the company take no heed on that issue. They are just saying that only after finding a suitable candidate they will file DIR-12 to MC for resignation..
My query is what legal steps she will take against the Company?
Regards
Abhijit Majumder

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Anonymous   23 January 2021 at 20:08

Fdi-fema act

We  Established a software  company with two resident indian shareholders ( 99%  and 1% each one respectively). This software company has a 100% wholly owned subsidiary engaged in fdi not allowed agricultural and  construction of  farm house business. Now One of my Shareholders who had 1% willing to sell shares to Foreign Residents through FDI.In these circumstances, Is  FDI allowed in a software company which has an FDI prohibited subsidiary company?

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Anonymous   21 January 2021 at 14:59

Partnership firm, transfer of property, stamp duty, registra

A partnership firm namely M/s HJKL ASSOCIATES, registered with 13 partners in 1964 at REGISTRAR OF FIRMS, MAHARASHTRA, registration number G 67543, doing business of construction, purchase - sale of land and property, also all land records -6/12, 7/12, property card, saws in name of M/s. HJKL ASSOCIATES.

In 1978 Mr. Ashok Gupta join as a 14th partner with 11% profit loss ratio. In 1979 all 13 partners retire and firm has been dissolved and get certificate from REGISTRAR OF FIRMS, so as per this Mr. Ashok gupta is sole proprietor of firm with 100% holding.

In 1980Mr. Ashok Gupta bring two more partners namely A & B with the same firm name M/s. HJKL ASSOCIATES with equal profit and loss ratio.
In 1981 ashok gupta retire,
In 1982 more three partners joined namely C, D AND E.
In 1983 partner B retired, &
In 1984 partner A retired, so status of partnership firm M/s. HJKL ASSOCIATES with 3 partners namely C, D, and E.

In 2001 three partners C, D, E register the partnership firm in name of M/s.HJKL ASSOCIATES in REGISTRAR OF FIRMS, MAHARASHTRA and get registration number G-90698, and in form A mention only three partners name C, D, E without informing past partnership deed and partners information from 1964 to 1983. and they saw on company letterhead we are doing business from 1984 with mr. A in firm M/s. HJKL ASSOCIATES and mr, A retired

After 1978 no body has done any property registration, paid stamp duty, add or remove name at any land record offices, In title search report we can see firm name M/s. HJKL ASSOCIATES with 13 partners of 1964.

* Mr. Ashok gupta never pay any stamp duty, registration of property, never get conveyance deed after get 89% more ratio in property. And died in 2004.

my queri is who is actual land lord of property, and which firm can claim property, which partners liable or claim to do registration, pay stamp duty, for transfer of property and get conveyance deed to sell the property to new firm or person. On which technical legal point we can match connection from old registration firm with new registration firm

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Nirmalbalaji D N   15 January 2021 at 22:06

Regarding the issue of experience letter

If an Employee agrees to work with our organization, with no salary. and he is working from home. For those employees if we provide an Experience letter. Is it legal ?

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Nirmalbalaji D N   15 January 2021 at 22:02

Regarding the issue of experience letter

If a freelancer completed his work and after that if we gave an experience letter, Is it legal ? We will mention the list of projects he worked with our organization. Is it legal ?

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Anonymous   15 January 2021 at 15:32

Arbitration

WEBINAR: International Commercial Arbitration – A mode of Dispute Resolution with Scope of Mediation
Law Offices LLP (ILO) is hosting a webinar to discuss how arbitration and mediation have become exceptionally strong and widely accepted means of resolving issues in international trade and commerce, especially during the current global crisis. To Register: https://lnkd.in/eiMXQNH

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Anonymous   22 December 2020 at 02:23

Termination of consultancy agreement

I have consultancy agreement for three months, executed on 29 Oct 2020.I am not able to perform the duties due to personal problems. Let me know how to terminate the agreement?

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Anonymous   27 November 2020 at 09:58

Treatment of npa where a loan is covered under cgtsme-reg.

Dear Sir,
Greetings. Mine is a Proprietary Company. I have availed a Term Loan of Rs. 20L & a CC of Rs. 20 L from a nationalised bank in the month of August 2018 & the entire loan is covered under CGTSME which is still in force & the premium is being paid by us for the same.
I have been running a restaurant. My business is now shut since beginning of Covid -19 from April 2020 .

Prior to this, I had taken 2 similar loans , for a period of 5 years, which were prepaid much before time

I had been servicing this loan till February 2019 not allowing it to slip to NPA. Even now the loan is still not declared as NPA since the bank has given me a moratorium of 6 months from October 20th, 2020 onwards. I am unable to continue the business since the same is not viable any more.
Under the circumstance, the bank may have to declare me an NPA . When the loan is covered under CGTSME,
1) Can the bank recover the same from me even though there has been a genuine business loss?
2) Can the bank lay claim on any assets possessed by me but not procured from these funds availed from it?

Please note that there is no collateral given by me to the bank for the abovementioned loan.


Warm regards,


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Anonymous   19 November 2020 at 23:03

Process ramp down

Hi I am working one of BPO which is ramp down and they informed on 20th before 10 days and they are not poviding any compensation on it. They are asking to attend the interview in some other process. Could you please let me know. Is there any legal way to get compensation as they informed just 10 days ago and they are providing salary for the same month till i work...please let me know if any legala action can be taken on it

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