shashikant gharge
13 February 2012 at 11:27
being a small businessman i would like to place my query before honourable experts,that i made various transactions.purchases& payments with company.i made extra payments & have credit balance to company but company is denying to settle accounts.so how can i recover my money?
shashikant gharge
11 February 2012 at 12:05
Dear Sir,I am a trader.company supplied me some material without order.after two months i returned goods to their godown as per their instructions.through transport. on my challan copy they have given stamp& sign of receipt(acknoweldgement)but they have not issued credit note as per sent material.and showed some dues on me & present my security cheque which was given to them by me at the time of taking dealership.cheque was bounce company files 138 against me.so please suggest me in this case what can i do.
Dr.Gaurang N. Gandhi
10 February 2012 at 21:00
SIR,
my client had supplied some goods to a company for export, the company had issued cheque against the due. unfortunately the cheque bounced. we have filed a complain against the company u/s138 and 142 of N.I. act.
but..
the company had registered for BIFR proceedings and the proceedings is initiated at Delhi without joining us.
If we want to join the proceeding to claim our bill amount what steps to be followed?
is the BIFR proceedings will affect to the complaint U/S 138 of NI act?
how to claim the bill amount in BIFR proceeding?
regards
gaurang N.gandhi
+91 94290 60515
varun & co
10 February 2012 at 19:59
sirs,
my question is why advocates are not allowed to do business or run a firm , company ?
if a CA / CS can do the same then why it is injustice with advocates. ?
i have read indian advocate act. but i find it discriminating..
every individual has a rights to earn and grow financially , socially , economically , etc. .
he can not be fulltime employed but he can be allowed to run any franchise / business for his family's economical growth.
if any misconducts happens then he may be punished for that but why total BAN ?
i think advocates can be a good businessman as they have proved to be a good politicians. they are well educated with laws...
suggestions please......
livingston_k
10 February 2012 at 12:39
Foreigner can start partnership business in India. one of the partner is Indian, total 3 partners.
if so what is the procedure
Pankaj
10 February 2012 at 01:46
I recently joined company and at time of interview I have been said I would be send to UK for training for 6 months and for which I have to sign bond of 2 lacs for 2 years.
1. I was made to sign the bond of 2 lac rupee for 2 years on 1st day of my joining. I was told that this is joining bond for my training.
2. I was then granted Tier 2 intercompany transfer visa; for jobs in shortage list and for which my company agreed to pay me minimum salary say £40,000 pa. it included my salary in INR and allowances (accommodation, per diem and clothing) in GBP.
3. I was asked to sign another bond of 5 lac rupee for 2 years for training in UK. I couldn’t find policy on company’s intranet for joining bond which I had already signed at day of joining. However I found policy for abroad training and the bond amount stated in it was3 lacs for 1.5 years. When I questioned my managers about the policy on intranet then I was told that “there are different set of policies for different team and policy for our team is not on company’s intranet”. I was also told that “there would be no negotiations on bond value or duration”. As I had already signed the joining bond I have no choice so signed the bond for 5 lacs aswell. I was asked to get sign of guarantor (my parents) for this bond but I denied to get any guarantor and stroked out guarantor name from bond paper.
4. In UK I was not given training of any kind and was made to work on graduate level job. My managers were well aware of the situation as I used to mail them weekly status of duty I am performing in UK.
5. Company had provided me a return ticket before my visa expiry date to fly back to India. My plan was to fly back to India and spend 2 weeks with my family before resuming my work and I had already discussed my leave plan with managers. However due to personal reasons I had to postpone my return ticket and apply for visa extension without consent of my company. My company came to know about my extension and asked me to fly on original date. I couldn’t fly back on original date as my passport was with immigration office and was too late for me to withdraw my application. I told them I have applied for extension and not breaching any immigration laws.
6. As I didn’t fly back on scheduled date my company terminated my employment on grounds of breaching immigration laws and company rules. They are also asking me to honour the bonds worth 7 lacs (2 lac + 5 lac) which I had signed for my training with them. And have also blocked my INR salary for last month.
I didn’t breach any company rules as there is no policy which states that I should not stay in UK for personal reasons. I also did not breached immigration law as I had applied for extension of my visa. I feel it’s my company who had breached:
a. Immigration law by:
• Sending employee to the UK on Tier 2 visa on jobs on shortage list and asking them to work on graduate level work.
• NOT paying agreed salary on time.
• Spending more than 40% of salary on accommodation of their choice - according to UK immigration rules for tier2; company cannot spend more than 40% of employee’s gross salary on an accommodation. I had requested them to change my accommodation but received negative response.
b. Company rules: By forcing me to sign bond for which there is no policy on company’s intranet.
c. Data protection act: As HR team had discussed my salary with my friends/colleagues. I came to know it by my friend which had also appeared for interview with my current company.
I am afraid that company would file false case against me for the bonds which I had signed. I would not like to go back and work with them and I can’t honour my bond as I wasn’t given any training.
I would like company to pay me salary for last month and also notice pay as per my offer letter (which is equivalent to my 2 months salary).
What should I do now?
• Should I report breach of immigration law by my company to UK immigration office?
• Should I file a case against my company to pay me salary, notice and any dues?
• My office and residence are in different states of India, I would not like to travel just for legal purpose. It will also incur me extra cost and time which I would like to avoid. So can I file case in local court of my city or I have to do the same in court where I have my office.
Pankaj
10 February 2012 at 00:13
I am from Mumbai and working in Chennai.
I am looking for experts in company rules and UK immigration law for discussing potential case of fine.
Anybody interested in discussion please drop me mail on my id pankaj.chaurasia185@gmail.com
-Thanks
Dr C Suresh
09 February 2012 at 21:05
RBI guidelines states that banks will write to borrowers and take their input before decalring them as wilful defaulter. If a Bank doesnot follow the RBI guidelines and places someone on wilful default list, can a defamation case be filed against the bank?
Purushotam Khanna
09 February 2012 at 15:21
I want to have consultation over a business model. i want to consult about feasibility and ethical aspects regarding this particular business model.
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