sharon
24 September 2015 at 09:45
hi, i wish to cancell an agreement to sale made by my father first and then my mother (after dad expired), which was made through a supplement agreement in 1997, i have also signed on it but i was only 17 at that time and did not understand anything of it. my mother too was uneducated and the builder took us to his office and telling us that he is getting the agreement transfered in our name took our signatures. after that the builder never paid us anything and took possession of the property,which is 3 pieces of land. some years later the property was sold to other person by us and under impression that everything was duly explained to the second party, we entered into an agreement. the first builder put up a case on us and got an order to give the property to the court reciever, the order was given ex party. During this period we were not aware of anything as our mother used to deal with this , only after her death some months back after seeing the papers we understood the situation. my query is can a case be filed in thhe high court bombay to cancell the earlier agreement as none of the terms and conditions are followed by the earlier builder? kindly help.
anirban bhattacharjee
24 September 2015 at 09:21
Dear Labour Law Experts,
I want to know the provision & procedure under Shop & Commercial Establishment act to proceed legally under labour law of India against my previous employer.
I would like to brief about my case as below:-
I have worked for this company from June, 2014 to July, 2015 as Manager-Sales posted at at Kolkata and I was operating from my residence. I resigned from this company on 6th July,2015 due to differences in opinion during a meeting held at Gurgaon on 5th July,2015 and expressed my desire to serve a notice period of one month through mail. But instead of accepting my resignation, I was provided a letter on 6th July, 2015 itself stating that I have been terminated from the company w.e.f that day itself on the ground of "Summary Dismissal" alleging that I had earlier submitted forged, manipulated & fabricated fooding, lodging & travel bills and they refused to pay my legitimate terminal dues like leave encashment, notice pay, pending travel reimbursement and incentives etc. I have denied all the charges and sent a legal demand notice to my employer through a lawyer failing to receive the dues after repetitive follow-up & requests. After receiving the notice, they have replied through their lawyer and admitted to pay one third of the claim amount but denied to pay balance amount saying that since I was terminated under summary dismissal so I am not eligible for the balance amount and the above amount will be paid only after I handover some demo instruments. I have sent a rejoinder notice through which I have denied all the charges citing various incidents during employment and documentary evidence having not accepted any clause of this kind and also denied of having any demo instruments in my possession .But, they replied sticking to the above matter and threatened to proceed with a criminal case and pressurized me to withdraw my legal notices.
Company has only one registered office in India at Gurgaon,Haryana. I was posted at Kolkata and was operating from my residence. Salaries were being credited to my Kolkata Bank account.
I have following information about this company to share:-
• My Employer was Indian subsidiary of an US based MNC.
• Company has reported losses with Income Tax Dept. for FY 2013-14 & FY 2014-15.
• They do not give PF, Gratuity, Medical Reimbursement & LTA benefit to its employees rather offers salary as a consolidated amount.
• Company has around 10 employees in India and Sales Turnover is around 2 Cr.
My lawyer in Kolkata has asked me to consult a labour law specialist as according to him now I am left with two options; one, Money Suit which is time taking and involves cost and Secondly, could be Wind-up petition though it is not a recovery suit but I can recover the money which has been admitted by my employer since balance amount is disputed. But, he told that there is a provision under Shop & Commercial Establishment Act where there is no difference between Workman & Manager and since I did not exercise any power to grant leave, to initiate disciplinary proceedings and to make temporary appointments etc., I can be treated under non-manager category. He also told me that I can also claim for the salary loss with interest after termination ,till the time I am unemployed.
Requesting for your valuable advice on the various steps & proceedure under this act and plz let me know whether I can proceed from Kolkata or I have to consult a labour expert in Gurgaon seeing the jurisdiction.
Can anybody give an idea on legal service charges for filing a case with labour court or recommend a labour law expert in Gurgaon.
Regards,
Ani.
Manu sharma
24 September 2015 at 01:47
If a govt org entered into an mou with the pvt consultant firm for 10 mnths and and firm cannot cmplete the asignment in that duration and after 4 months cnsultant offers to extend the mou beyond the date of expiry on the same terms and the govt org is willwilling to extend the mou.
So can it be done legally.
Sashi Kumar
24 September 2015 at 01:10
I own a property in Delhi. I want to give 33% of the sale proceeds to my brother in future when I sell any part of the property.
I do Not want to give him any decision making right or possession of the property to him.
What agreement, contract, Lien or deed I can give him Now to secure him 33% later when property is sold.
Member (Account Deleted)
24 September 2015 at 00:16
Sir in 25/01/2010 we agreed and signed a registered sale agreement regarding sale of house
And sale vale is Rs.25 lakhs and he paid me 20 lakhs in advance and balance 5 lakhs to be paid at
time of sale.The time given to him is 2 years and it ends in 24/01/2012.In the agreement sale agreement its clearly mentioned that the agreement will be invalid and the buyer will loss his whole advance if he failed to make the settlement in time. Now its been 3 years after the
Agreement lapsed. Is there any possible way to cancel the agreement without going to court and in the absence of the buyer.one of my lawyer suggests if I move to court it may take nearly 5 years. Kindly help me.
Anonymous
24 September 2015 at 00:11
Sir in 25/01/2010 we agreed and signed a registered sale agreement regarding sale of house
And sale vale is Rs.25 lakhs and he paid me 20 lakhs in advance and balance 5 lakhs to be paid at
time of sale.The time given to him is 2 years and it ends in 24/01/2012.In the agreement sale agreement its clearly mentioned that the agreement will be invalid and the buyer will loss his whole advance if he failed to make the settlement in time. Now its been 3 years after the
Agreement lapsed. Is there any possible way to cancel the agreement without going to court and in the absence of the buyer.one of my lawyer suggests if I move to court it may take nearly 5 years. Kindly help me.
Member (Account Deleted)
23 September 2015 at 23:58
Sir in 25/01/2010 we agreed and signed a registered sale agreement reg sale of house
Gajendra patil
23 September 2015 at 23:24
Dear sir
My self gajendra and m staying in rent property like deposit basis last 18 years
Our arguments was last four years with landlord regarding development with premises but now we received notice for demolish building and vacant room within 15 days but we are not interested vacant room also landlord inform to us for vacant the room as per he decided rate.but same rate is very high and not affordable to us.also he said if you are not afford same rate then vacant room immediately
Please help for future process.
mubarak
23 September 2015 at 23:18
Respected experts, I am living chittoor district Andhra Pradesh. Sir my ward Councilor is construction new building. he has enroched road 5 feet ,and he isn't maintain muncipal rules, we sent complaint through register post against them. Municipal commisioner isn't take any action, actually house owner is Councilors mother.what should we ? We want to go high court ,does court give any interim order? It is possible ? Please suggest me
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Cancellation of agreement
hi, i wish to cancell an agreement to sale made by my father first and then my mother (after dad expired), which was made through a supplement agreement in 1997, i have also signed on it but i was only 17 at that time and did not understand anything of it. my mother too was uneducated and the builder took us to his office and telling us that he is getting the agreement transfered in our name took our signatures. after that the builder never paid us anything and took possession of the property,which is 3 pieces of land. some years later the property was sold to other person by us and under impression that everything was duly explained to the second party, we entered into an agreement. the first builder put up a case on us and got an order to give the property to the court reciever, the order was given ex party. During this period we were not aware of anything as our mother used to deal with this , only after her death some months back after seeing the papers we understood the situation. my query is can a case be filed in thhe high court bombay to cancell the earlier agreement as none of the terms and conditions are followed by the earlier builder? kindly help.