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Sheik   31 December 2019 at 11:15

Salary issue

Hi sir, this is sheik this is my life time bad experience i never face like this situation the problem is i am working for corporate company from August 2019 but i didn't receive single rupees salary from that company from joining to till date, past 2 months company is closed but i am getting mails from HR team they are keep postponing company reopening date and salary date every two are three days i am receiving mails from HR team, please give me a best suggestion to face legally ....

Anonymous   20 December 2019 at 15:34

Employment notice not served not ready for buy out

HI

I worked in a organization for 5 years from 2013 to 2018.i informed resignation on sep 2018,they asked me to complete the semester till december and then resign as it is a education institute,i agreed and worked.
but on oct 26 2018 i resigned with a notice period of one month due to my spouse health issues,i worked till 2 Nov 2018,From 3 nov to 12 nov 2018 the institute was closed due to diwali vacation.i could not go from 13 to 26 nov 2018 as my husband was hoplizated.
Now they are not giving my relieving letter,gratuity and asking me to pay one month salary
i am not interested in paying on medical bases that too for 10 days
what can i do legally pls help

pushpakrishna   18 December 2019 at 11:14

Notice

A bank given a loan for tractor for agriculture purpose and with in a few days troubled and approached the bank and dealer. Later filed a complaint before the consumer forum and the forum given rs.15000.for recognising the repairs but not ordered for cost of the tractor.due to mind of this complaint in the consumer forum the bank all of a sudden came and seized the vehicle with out any notice or endorsement.
When the person went to the bank for paynent the bank given a presale notice .with out notice for recovery of loan or sending the cheques to the bank which the bank collected at the time of loan the tractor sold when the same asked they shown a PRIVATE COURIER receipt with out endorsement of the loanee. Even court also considered this and the case filed for compensation by the loanee dismissed.
Hence notice by registered post only considered.
Basing on this kindly advice on this.

Anonymous   17 December 2019 at 11:35

Ibc sec 9 application

Can you please advice how to check the listing of the application in NCLT using dairy number. I tried but failed in NCLT website.

Anonymous   14 December 2019 at 23:46

Bifr

UNDER A SANCTIONED REHABILITATION SCHEME, A PARTY HAS MADE INFUSION OF CAPITAL, THEREAFTER DUE TO BREACH, THE SCHEME FAILED.

Q. WILL THAT PARTY HAVE ANY RIGHTS OVER THE ASSETS OF THE SICK COMPANY ( EVEN TO THE EXTENT OF CAPITAL INFUSED)?
Q2. WHAT WILL BE POSITION WHEREIN PARTY HAS CREATED ADDITIONAL LIABILITY ON SICK COMPANY BY PURCHASE OF ITEMS?

Banhimitra Kundu   05 December 2019 at 03:49

Study leave

hello Sir ,
I am currently on study leave (approved by my PSU ,HINDUSTAN AERONAUTICS LIMITED). But my senior is constantly pestering me to come to HAL in between and do the work . During the approval of study leave , it was taken from me in writing that I ll come to HAL to do the work if necessary. But that was given to my immediate boss and not to HR. I have already enough pressure in my studies and i cant cope up with both . Please suggest.

Rama Devi   23 November 2019 at 18:10

Maintainability of a money recovery suit.

Respected Experts, Plz. suggest your opinion. My question is:
M/S Pratap Sing Traders is owing a due amount to M/S VM Rolls. Both are companies. M/S Pratap Singh is also filed a Petition before NCLT.( National Company Law Tribunal) and in that case M/S V.M.Rolls is one of the Creditor/respondent. . My question is: since the NCLT case is pending, is it necessary for M/S V.M.Rolls to file a recovery suit against M/S Pratap Singh Traders for obtaining a decree, for the due amount by M/S Pratap Singh. So Plz. suggest.

Anonymous   22 November 2019 at 13:19

Edu

thank you

SANJAY SINGH   20 November 2019 at 08:52

Convert a proprietor company to private ltd. company

Can I convert a Proprietor Company to Private Ltd. Company and use the Experience of Proprietor Company ? [Executed Work Order/Supply Order, Financial Position (Balance Sheet/ Profit & Loss Account etc.)] of Proprietorship Company in Private Ltd. Company as Credential for getting New Work Orders/Supply Orders for Converted Private Ltd. Company as Experience under following situations? 1. The Chairman of the Private Ltd. Company is the Proprietorship in Proprietorship Company.

This question is in reference to the judgement of New Horizons Limited Vs. Union of India (1995) 1 SCC 478

Paragraph 23 of New Horizon Limited reads as under:

Quote:

23. Even if it be assumed that the requirement regarding experience as set out in the advertisement dated 22-4-1993 inviting tenders is a condition about eligibility for consideration of the tender, though we find no basis for the same, the said requirement regarding experience cannot be construed to mean that the said experience should be of the tenderer in his name only. It is possible to visualize a situation where a person having past experience has entered into a partnership and the tender has been submitted in the name of the partnership firm, which may not have any past experience in its own name. That does not mean that the earlier experience of one of the partners of the firm cannot be taken into consideration. Similarly, a company incorporated under the Companies Act having past experience may undergo reorganization as a result of merger or amalgamation with another company, which may have no such past experience, and the tender is submitted in the name of the reorganized company. It could not be the purport of the requirement about experience that the experience of the company, which has merged into the reorganized company, cannot be taken into consideration because the tender has not been submitted in its name and has been submitted in the name of the reorganized company, which does not have experience in its name. Conversely, there may be a split in a company and persons looking after a particular field of the business of the company form a new company after leaving it. The new company, though having persons with experience in the field, has no experience in its name while the original company having experience in its name lacks persons with experience. The requirement regarding experience does not mean that the offer of the original company must be considered because it has experience in its name though it does not have experienced persons with it and ignore the offer of the new company because it does not have experience in its name though it has persons having experience in the field. While considering the requirement regarding experience it has to be borne in mind that the said requirement is contained in a document inviting offers for a commercial transaction. The terms and conditions of such a document have to be construed from the standpoint of a prudent businessman. When a businessman enters into a contract where under some work is to be performed he seeks to assure himself about the credentials of the person who is to be entrusted with the performance of the work. Such credentials are to be examined from a commercial point of view which means that if the contract is to be entered with a company he will look into the background of the company and the persons who are in control of the same and their capacity to execute the work. He would go not by the name of the company but by the persons behind the company. While keeping in view the past experience he would also take note of the present state of affairs and the equipment and resources at the disposal of the company.

Unquote:

Thanks.

Anonymous   19 November 2019 at 15:42

Approval of share transfer form

I have query regarding approval of share transfer form. If Company having two Directors namely Mr. A and Mr. B. and Mr. A has 90% shareholding and Mr. B has 10% shareholding. Mr. A wants to transfer his shares to his wife but Mr. B is objecting the same. He is deliberately not attending Board Meeting for approval of share transfer form and signed any documents on behalf of the Company. Then, How can this transferred in being done ?. Please provide some procedure.