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Vijaya Bhaskar   01 May 2020 at 16:09

Organisational restructuring

Dear Learned Expertise,

We are Charitable organisation working among people with disabilities

We have lost two prospective funding agencies or foundations, whose contribution or donation was more than 50 % of our annual budget. We do not have new granting foundations that can come forward to support us during this global economic crises

We have insufficient funds which will support only for few months (2-3) and we don’t know what will happen after the funds are exhausted and raising funds locally is a big challenge in this current situation.

it is inevitable that the organization has to make certain hard decisions resulting in reducing its workforce, though the organization has no such intention to do so which is painful to all of us. This is the first time in the history of the organisation.

However, the organisation is willing to serve one month notice to the contract staff with pay and allow the staff to find the job during notice period necessarily not working.
-And also try and assist in outplacement (finding an alternative job).
-Will provide a strong letter of reference or recommendation along with experience certificate that will help add to the testimonials to get job opportunities
-If the finances are stable, we would be glad to give preference and re-employ
-We assure our full support and cooperation on getting PF contributions from EPF office.

Queries are as follows:
1.Can we proceed by serving one month notice to contract staff and pay the notice period which is in the contract
2.What about confirmed staff, can we give one month notice with pay which is in the appointment letter.
3.What are the feasible options available to reduce permanent workforce which is painful to all of us.
4.Which governing guideline should we follows while reducing the workforce (shops and establishment or industrial disputes act)
5.Can we serve the notice on a day which falls to a be national holiday.

Your suggestions and guidance would be a great help for further process.

Anonymous   01 May 2020 at 15:06

How to separate from my 2 nd wife

My first wife died after 13years if marriage.i have 2 sons.aafter 4 years i remarried.but my 2 nd wife's nature is like too modern . trying to spend unnecessary money not looking after my kids.after 4 years she left house unchecked after a big fight.now after six years when she listened from outside that my made a house( with my first wife's resources she left which is currently under my children s name) she came to me uninvited and saying i want to stay in here.i am not gonna go from here no matter what can you do.i have blood cancer with hyper tension and heart problem .i cant live with her and her daily mishaps causing my health problems.i want to divorce her what can i do?

AMITS   01 May 2020 at 13:32

Proving owership rights

4 brothers(all govtservants) bought a plot in 1980 in the name of son of eldest son,
from the sales proceeds of the settlement recived by their mothers share from her parents(mother was the only child of her parents) now the nephew who was around 10 yr old at the time of purchase is 50 yr old now and is claimimg that the plot was gifted ,by his maternal grandfather (nanaji) family is joint hindu family no partition has been made in written till date,what are the remedies available with rest of the brothers for claiming their share? does this comes under the benami property act,papers of the plot are however are with3 brothers,kindly throw some light over this issue regards! papers were issued by housing society.

Anonymous   01 May 2020 at 06:17

Can a poa holder transfer or sell the property

I have a grandfather property in bareilly which he through registered will gave it to his sons mentioning their names & distributing it among them..some area of the land was declared common to all sons..He specially said that my sons cant sell the property during the time they are alive but after their death my grandsons will be the absolute owners of the property & can sell his share on the condition that if anyone wants to sell his share he will have to give 1st preference to his other cousions brothers.The middle cousions filed a civil suit in 1998 praying in the court that the elder & the younger is trying to sell it to local land mafias & they should be stopped..Court granted the stay & its being extended on every date..till now In 2006 under pressure by local mafias I gave a registered POA from uttranchal which i cancelled it in june 2019. they also took a notarized agreement to sale also mentioning that if i do not get the cases fnished & get the registry done with a period of one year they will get it from the court ..
My questions are 1.) As the supreme court order regarding the POA came into effect in 2011..but could he get the property transfer in his own name between the year 2006 to 2010..? can he sell it to a third party.when the case is pending & there is a stay order in effect since 1998? 2) can he get the registry done on the basis of special performance act through court on that notarized agreement to sale ? Kindly brief me up in this matter i will be obliged

Anonymous   30 April 2020 at 17:09

Ep for money decree

dear learned experts,

Shortly I plan to file an EP against a public limited company for executing an arbital award (money). But I learn that the company is left with no assets to meet my claim.

While filing the case,can I pray the court for piercing the corporate veil of the company and make the Directors personally liable too,if I can submit proof for such misdeeds of the Directors ?

N.J.S.Rajkumar alias narasimha   30 April 2020 at 15:19

May day --- best wishes --- may 1st --2020

May Day Wishes to All ------ " May day is not an ordinary day because it is a day that Cherishes the extra ordinary people . The Workers " ---- Mehmat Murat Ildan .

Anonymous   29 April 2020 at 21:34

Property show as bda in rtc

Dear Sir,

Our property showing BDA name in RTC. is there any problem with that ? or BDA will come to acquire this land (approximate 5 to 6 acre land) if they going to acquire, they will give the compensation ?

please suggest

Tripathi   29 April 2020 at 18:41

Period of limitation for appeal against the discharge

Dear Sirs,

First, we wish to thank this eminent forum for giving good guidance to the general public.

My husband was falsely implicated U/s 354 (c), 354 (d), 506 & 509 by our neighbor who made illegal constructions.
We won the civil suit and aggrieved over this he filed the false FIR using his clout with the local police.
We went to the High Court for quashing but the Court advised us to present our case in the trial court at the time of framing of charges.

The trail went on for five years. The charges were termed as "prima facie no case is made out against the accused in all these sections" and my husband was formally discharged at the time framing of the charge.

We are sure the neighbor will appeal against the judgement of the Trail court. Kindly advise us on the following questions:

.1. What is the limitation period to appeal against the Judgement of the Trail court on the above sections if our neighbor makes an appeal?
2. Which court they will file the appeal - Sessions or High Court?
3. The Judgement was delivered on 10th March 2020 - few days before the lock down period.
Whether the lockdown period will be counted in the limitation period or will be excluded?
4. Whether anything needs to be done by us to prevent the appeal in the higher court?
5. Can we file a case against them for lodging false FIR and made false Statements given to the IO u/s 161and also file defamation suit?

Kindly advise please.

with namaskar,

Mrs.Tripathy





Now, we wish to know what


Deeksha nayyer   29 April 2020 at 14:30

Buying property. with partnership deed

Hello dear lawyers,

Since I want to buy this industrial plot, Partner Rajender gupta told me that he will add us in the M/S Balaj traders as a partner and will reconstitute the constitution of the firm in Registrar of firms
(i.e He is telling to sell the industrial plot by new partnership deed-- NO REGISTRY REQUIRED).
MY QUESTIONS ARE-
This industrial plot is in the name of Partnership firm ( M/S Balaji Traders) or Rajender gupta

Thank you..
#Staysafe

Anonymous   28 April 2020 at 18:37

Public limited unlisted company

I am a creditor of a Company which has been mismanaged by the Directors who siphoned off its assets. These facts are apparent from its Balance sheets etc which are available in public domain.

As a Creditor(not a share holder) ,who do I go with a complaint about the affairs of the company, a Civil Court or the NCLT ?

Secondly the Company has not filed any annual returns etc for the last two years and hence I dont have the latest status of the this Company ! As a Creditor can I complain about this fact to the MCA ?

I have apprehension that the Company is trying to close down after manipulating the account books etc shortly !