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Member (Account Deleted)   18 September 2014 at 18:06

Request for an advice

Dear Sir,

Can you please help me out with an issue I am facing with my previous employer by providing me some advice. The employer has put restrictions to stop me from joining a similar industry, he has taken a affidavit (non compete and non solicitation) on a Rs. 100 stamp paper from me which contains a statement from me that directly says that I agree to not join in any organisation that competes with the business of the previous company all this happened at the time of my relieving from the company. Will there be any problem If I join a competitor now, I came to know from a friend of mine that it will become a invalid agreement because it violates a constitutional right "Right to Work". I am not getting any clear idea, please sir please provide me some advice. Also how many days can a employer take to settle the money? My previous employer also blocked my salary and paid leaves. Please help me out from this issue sir, I will be thankful to you.

ajitkumar   18 September 2014 at 17:43

Joint family division

Dear Sir,

Our join family property is consist of total 14 acres of agriculture land and in the name of my deceased uncle P.R.Patil (HUF Manager). Whole HUF family is consist of 5 brothers, 3 sisters and 1 mother.

Actually HUF is formed in 1972 after my Grand father's death. Before that Family was undivided but there was 2 Accounts of land records.

1. is in the name of My grandfather in which there was 9 acres of ancestral property.

2. Is in the name of eldest uncle
P.R.Patil in which there was 5 acres of agricultural land. Those 5 acres are purchased from third party and purchase deed was in the name of eldest uncle P.R.Patil.

In 1972 all the property is merged in 1 account as a HUF property.

In 2009, one of the son of P.R.Patil demands for whole share of his fathers purchase deed from HUF property at Revenue office of Tehsil, and Revenue officers allow that demand and HUF status is removed by giving him 5 acres as per his fathers purchase deed and keep another 9 acres as HUF property.

Is it right division in the revenue office..?

Is there any for My father to claim his 1/5 share in whole 14 acres rather than only 9 acres ?

Have any right of My father and other uncles on 5 acres which was removed from HUF by revenue officers only on the base of purchase deed ?

Please give me any direction..

Member (Account Deleted)   18 September 2014 at 17:40

Claim either or survivor deposit


Dear Sir/Madam,
My father deposited Rs.4,00,000 in Indian Bank by the scheme of Either or Survivor (my father name and my name joint deposit) and put my daughter’s name was nominee. He was died two months before. We are two daughters only to my father and my mother not alive. Hence, now my sister can claim this deposit share from bank or me? Please reply me.

Tnx.
Kathirasan

Vandna Arora   18 September 2014 at 16:59

Refund of deposit

Dear Experts,


My father in law took an agency of Bata Shoes in 1990. at the time of taking up the agency he paid Rs. 1,00,000/-. My father in law expired in 1991 after that My husband wrote letters to Bata asking for refund but they did not reply finally they replied back in 1995 and said as per their books amount is standing outstanding and pls asked to furnish successtion certifiate and original death certificate.
Due to some internal problems we could not handle the matter at that point of time and after that it just slipped out of mind. now we have been sending them letters to know the amount so that we can file for succession certificate and Bata is not responding please suggest what is our recourse.


Thanks in advance for your expert advice.

Regards

Vandna

Senthil kumar   18 September 2014 at 16:52

Divorce proceedings - clarifications

Dear Experts ,

I am gonna file my divorce petition on the following grounds of cruelty.

1.Filing false dowry harassment case against me and my family which proved false.
2.Marriage not consummated due to her abnormal love making acts.
3.Eccentric behaviours against husband
4.Separated for last 1 year.

1.Do any other strong pointers is required on grounds of cruelty?

2.My jurisdiction is coimbatore, how ling will it take to get it numbered?

3.What will be the further steps from the court ?

4.How long will it take to get the divorce?

Gautam Arora   18 September 2014 at 16:28

Enrollment with the bar

I am writing to you in desperation to absolve me of the dilemma I am into i.e. whether to apply for enrollment as an advocate or not.
Please Let me bring the factual picture about the situation which has resulted in the dilemma as aforesaid. I was employed with NTPC Ltd, a Public Sector Undertaking w.e.f. the year 2002 to 02.06.2014 as Jr. Assistant (HR).
With effect from 03.06.2014, subsequent to my completing the LLB, three years course from Law Centre-II, Faculty of Law, University of Delhi, I was transferred to Corporate Legal Department of NTPC and re-designated as Assistant(Law).
On being re-designated as Assistant (Law), I went to the Delhi Bar Council office to obtain necessary information and the application form for enrollment. The staff there informed me that since I am in full time employment, my application is liable to be rejected and the fees will be forfeited. On returning back, I referred to the rules given on the Bar council of Delhi’s website and downloaded a copy thereof. In those rules under Chapter VIII, I happened to find proviso to Rule 103 (vii) which states that bar of Rule no. 103 shall not apply to “ Any person who is a Law Officer of Central Govt. or Govt. of the State or any Public Corporation or body constituted by Statute. For the purpose of this clause a “Law Officer” shall mean a person who is so designated by the terms of his appointment and who by the said terms is required to act or plead in Court on behalf of his employer. On further research, I happened to find that the aforesaid exception was removed by Bar Council of India’s resolution in 2001. But, the Apex Court in recent judgment “Deepak Aggarwal Vs Keshav Kaushik” , (2013) 5 SCC 277 said that the position of law is unaltered despite the said resolution .
Given this situation, I beg your reply to the following questions:
1) Should I apply for enrollment and would my application be accepted?
2) In case my application gets rejected, would the fees deposited be refunded as I was told by the Staff there that the fees shall not be refunded in any case.
3) Do I need to attach “No Objection Certificate” from my Employer with the application for enrollment?

I wish to get enrolled as it is a pre-requisite by several recruiting bodies that a LLB graduate should be enrolled with the respective BAR council as an advocate. If I not be enrolled then I shall not be eligible even to apply for the post which require enrollment as a pre-condition and I shall be stuck in this position forever.

In view of the above, I respectfully pray you to please help me in this regard and oblige.

Natasha Mourya   18 September 2014 at 16:02

How to adjust vat by mistake added with stock transfer invoice

By mistake, Vat output 5% is added in stock transfer invoice raised on 10.09.2014. I want to know in that case what I need to do? should I deposit the Vat added in Stock Transfer invoice or make no entry in Tally. What will be the processor to handle this situation?
Note:- Stock transfer Invoice Can't be cancelled?

Its urgent..............

MSC Shekar   18 September 2014 at 15:41

Strange silence by district registrar

District Registrar being the Head of Registration Departments is remaining silent and becoming Exparte in all Legal suits / Criminal Complaints filed by a private party. Even the Hon'ble Judges handling are surprised by this silence.

The Problem is the cases are getting delayed or dragged on which is common in case of Govt . Departments.

Any opinion / suggestions ?

Thanks in advance

Adv Vikramsinh Mohite   18 September 2014 at 15:30

Nature of property

Sirs,

One of my friend's grandmother had purchased one flat in 1996. She died in 2004 without making will leaving behind one son and five daughters.

My friend's father and his sisters are still alive. Can my friend claim share in the aforesaid property? Will the said property will be treated as ancestral property?. And how his father's sisters will relinquish their rights in said property if they consent?.

BEENA SINGH   18 September 2014 at 15:26

Advocate

Looking for a Local Delhi Base Advocate (area Noida)for 138 matter.