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Mrs R.Yadav   08 November 2014 at 14:55

Writ for wages at par with govt employees

Dear Experts,
I was dismissed from the from the post of teacher by pvt unaided cbse affiliated school. I filed CWP in High Court to challenge termination order . HC disposed above cwp and directed me to file appeal before Distt Session Judge as per judgment given by SC in case of TMA Pai Foundation .Acordingly I filed appeal before Addl Distt Session Judge to challenge termination order. In appeal, I prayed to set aside termination order, to reinstate me in service. I also prayed that the school be directed to pay me salary and other allowances as per CBSE Bye Laws according to which I am entitled to be paid salary and other allowances at par with state govt teachers. Here I tell you that as judgment given by SC in case of TMA Pai Foundation , I could file appeal before DJ/ADJ only against the penalty imposed by the school. on 12.09.14 ,ADJ set aside termination order ordered the school to reinstate me in service but the court did not pass any direction regarding salary and other allowances at par with state govt teachers. My question is :
1. Can I file fresh writ in lower court against school praying to get salary and other allowances at par with state govt teachers?
2. As I had prayed earlier in appeal (filed to challenge termination order) to direct the school to pay me salary and other allowances at par with state govt teachers, will this appeal act as a barrier in my way to file fresh writ to get salary and other allowances at par with state govt teachers ? If no , kindly suggest the relevant laws under which I can file fresh writ to get salary and other allowances at par with state govt teachers.
3. The school has neither availed any stay order against the judgment passed by ADJ nor the school has t reinstated me yet. Can I file any suit for compensation and damages against school in addition to file application for execution and contempt of court petition ?
Kindly advise me.

Regards
Mrs R.Yadav

arindam das   08 November 2014 at 13:54

Companies act 2013

Hello,
Kindly advise which book to follow for Companies Law and ROC related work. The book should be easy to follow and preferably in a single volume.

Thank you.

arindam das   08 November 2014 at 13:43

Service tax

Hello,
I want to venture in to the field of Service Tax. Kindly advise which book to follow as a practitioner. It must be easy to understand and authentic.

Thank you

AMIN M KESHWANI   08 November 2014 at 12:39

How much stamp duty to be paid ?

Dear Sir,

A commission agent wants to enter into an agreement with a Company. This Agent will provide advisory services for getting a suitable buyer of goods to the Company. In return he will get a percentage commission based on the quantum of goods purchased by the Company from the source provided by him.

My querry is how much stamp duty should be paid on this document / agreement in Maharashtra ?

Thanks in advance

ravi   08 November 2014 at 11:33

Pf amount with draw

Dear sir,

i am working since 3 yrs in a pvt ltd company,i have PF account from 3 yr only. now i want to with draw my Provident Fund from my account due to purchase of house .

Shall i have a right to this? pl advise me.

Surajit Biswas   08 November 2014 at 11:29

Withdrawal of booking amount

Dear sir,
I booked a flat in 31st oct 2012 @ 20% of total price withh a provissional allotment letter, when the plan of the building was under sanction from the authority, but after 1 year they proposed us verbaly to shift my flat on other buildings which was under consruction but we did not agree as we preferred that building, after some time we found that they have changed the name,elevation, foor plan of that building whose constuction till now started . now we have decided to withdraw my booking amount,is it possible if yes, how can it be possible w.o any deduction.
please advise
regards
SURAJIT BISWAS

NITIN SHARMA (LL.M.)   08 November 2014 at 10:49

Faulty electricity bill

Dear Sir,
One of my friend has received faulty electricity bill 2 times within a period of 6 months. Wherein bills amount were 50 to 100 times higher than the actual usage. And at electricity office they asks money for the correcton of bill. If again he receives such defective bill than what legal action that a victim can take against electricity department?

Please advice me.

S DEB   08 November 2014 at 10:20

Damages in contract.

I invite solution to this legal problem.

A contract was awarded and the contractor submitted performance bank guarantee of Rs 60 lakhs. Work started by the contractor and at the fag end of the work the contractor abandoned the work. Work remaining worth of Rs 5 lacs was still to be executed. The contractor was paid in full for the quantum of work executed and there are no pending bills and liquidated damages cannot be levied as there are no running bills to be paid to the contractor.

Now the question is whether we can go for invoking the performance bank guarantee of Rs. 20 lakhs? If we do so can we say that the principle of "undue enrichment" does not hold good in this case ?

Shamsul Arfeen   08 November 2014 at 08:59

Company law 2013

Dear respected sir/maidam,

could you please make me clear about
private placement?

why private placement came into existence???

it would be great help if you could
make me clear about taht.

krishna   08 November 2014 at 06:53

artificial judicial person

Artificial judicial person means what?