Anonymous
10 July 2017 at 18:15
Sir,
We are a Pvt Ltd. Company & a small enterprise having registered office & Manufacturing unit in MP & Also got a manufacturing unit in Gujarat. We have filed a memorandum under Section 8 (1) with the authority in MP in 1997. But didnot filed memorandum in Gujarat in respect of our mfgs unit in Gujarat.
We have started Production at Gujarat in 2012. But we have filed memorandum under Section 8(1) with authorities in Gujarat in 2015 stating that the date of commencement of production is 2012.We got EM PART-II in 2015.
In this connection, we may refer to Section 8 (1) (a), whereby it is discritionary for a small enterprise to file memorandum We have supplied material to a gujarat based company from our Gujarat based manufacturing unit in 2013-2014 & that company has not paid us.
1. Whether the facilitation Council in Gujarat is Competent to adjudicate our reference for recovery of principal amount alongwith Interest ?
2. If the council in Gujarat is not competent bcoz memorandum was filed late, will the facilitation council in MP would be competent to adjudicate in the matter ? In view of the fact that our registered office is located in MP
Common Man
10 July 2017 at 12:44
Sir,
A Pvt Ltd Company has provided False turnover on March'2016 for around Rs.2 Crores and availed CC Loan from Banks and Borrowed some funds from Third Parties. And the Stock Statement provided to bank was also consists of false values. Stock was available only for 15 Lacs and Stock Statement was provided for Drawing Power around 1.5 Crores . Can the company be sued ? If yes to whom the Complaint to be made ?
Soniya Patel
07 July 2017 at 18:34
Hi Team,
This is Soniya from Mumbai. I was terminated from my job because i was using company's phone for doing personal calls during work time. Our private numbers were not allowed during working hours. Hence, i was terminated on the spot. I was not given any warning or nothing. Company didn't wanted to talk about that issues and directly sent termination letter. I served more than 2years in that company. And now company is not giving me relieving letter. Please advise me whether this is correct as per law.
chunu subba
05 July 2017 at 11:45
A person had issued irrevocable power of attorney to some contractors for doing some contractual works issued in the name of executant.. The contractors were doing the work based on the irrevocable poa. In the middle of the work the executant died. So what is the status of irrevocable poa? What relief can those contractors get?
Prateek
04 July 2017 at 13:04
If borrower has borrowed money by submitting his property as a security and there is guarantor also. So first the money should be recovered from the security or the guarantor any relevant case law related to this.
Shreya Kodmur
03 July 2017 at 11:25
In case A , B, C are brothers having Ancestral property being used for conducting as the place of business of the Firm. A and B being the partners of the firm including another 3 other partners. The rent has not been paid by the firm as no clause was mentioned in the partnership deed. And the partners continued to use the property as the place of business for more than 15 years. On dissolution, how do you account it? Rent to be paid to both partners or all 3 brothers? Or not to be considered as there is no profit?
Janhavi Mantri
03 July 2017 at 11:08
Dear Sir,
I have a flat in Lower Parel available for rent. I found a potential tenant via no-broker on 28thJune. We agreed on rent + deposit (INR 37,000+ 1 Lakh Deposit) and he gave INR 6,000/- as token amount. The agreement was finalized on 28th June itself and it was decided that we will do the registration on 1st July itself so that he will move on 1st July which was a Saturday.
Later on Friday evening he informed us that Saturday won't work for him on registration and hence we moved the registration on 3rd July, Monday. He as given a cheque for deposit amount on Friday which was dated 3rd July we we could not deposit till Monday.
Yesterday he had called to say that he wants to move on Sunday which we refused as there was not agreement + deposit money in hand. I told him that Monday morning I will deposit his cheque of 1 Lakh on Monday and at the time of registration which was today at 10 am I will handover the key. That guy then said that he wants key on Sunday itself and then cancelled the deal.
My question - Was I right in my stand? I did not have any document how can I handover the key? I was paid 4000 advance for registration as well to a lawyer. Now this guy is asking 6000/- refund. Am I liable to pay him the token amount back?
Please give your valuable inputs.
Regards,
Janhavi
Krishnamoorthy
28 June 2017 at 18:41
Dear Experts,
Request your advise on my bekow issue.
Most of the employees in my organization had not been paid partly or fully for past 6 plus months but payslip is being generated for the full salary (TDS also being detected). No insurance is being paid for the employees and PF is also not paid on time.Even the payslips are not generated on time. Is this legally acceptable??? How can i apptoach this legally?
Regards,
Krishnamoorthy
ankita
28 June 2017 at 18:39
I want to know case details of M/S Gujarat Pottling Co.Ltd. & Ors vs The Coca Cola Co. & Ors on 4 August, 1995 in small brief what was judgement and in whose favor and the reasons for the same.
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Change of certain clauses of a executed contract
Dear Experts
I have joined a company as a Legal Manager.
I seek your guidance for a problem that I am facing in contracts executed by the company.
After reviewing some 10 operation contracts with various vendors I have found that certain clauses are not in the best interest of the company and have suggested my superiors in my company to consider changing these points.
However as the contracts have been executed almost 9 months back and the operation team is unwilling to approach the vendors to make amendments.
Also the said contracts have no specific provision to revise clauses except financial that too after a period of on an average 3 years.
As I am not an expert in contract law I request your guidance that if as a representative of the company I want to change certain clauses of an executed contract that is as old as 9 months ,then as per the Indian contract act or any similar law what options do I have such that I can enforce the changes on the other party while keeping the contract valid.
Please guide me as I have stirred up a controversy in my company but not sure of the remedies that can be taken.
Regards
Snehal Mehta