LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

suneetha Jain   29 May 2020 at 14:07

Sbi case

Sir, My friend who was terminated in 2013 by SBI due to non disclosure of pending case (False allegations by the parents of a girl when my friend told the parents of the girl to whom his marriage is fixed that he is not interested to marry her as he wanted to marry another girl) at the time of appointment (The case is compromised in Lok adalat and copy is submitted to SBI before termination order is received). My friend filed a case in High court in 2013 and he got the order from the high court in 2017 that termination order is set aside and directed for reconsideration by SBI again. But, SBI didnot respect the court order and it said that it is sticking to the termination. Now, again, My friend has filed case in High court in 2017 citing that SBI didnot follow the instructions of the court. But, till now SBI didnot file the counter even after 2 years of filing the case.My Queries are:

1. Should SBI file the counter for early disposal of the case as his advocate friend told him that unless SBI files counter, we cannot request the judge for Expedite petition.
2. Can we approach SBI Chairman Sir and request him for reconsideration of judgement of the high court which was denied to be reconsidered by his subordinates

Deepa Sharma   29 May 2020 at 13:11

Non payment by the client (on behalf of aligation)

Dear Sir/Madam

Ref to my subject, I am doing service providing work for Insurance Companies. And one of my reputed client hold my payment, on behalf of an audio recording, submitted by the Claimant (single case). And send us a notice for not paid payment " due to bribe allegation". They hold our 100 cases payment, The said audio recording are not belongs to our worker. And we explain the company, but they not lesion to our clarification, and take one side decision, and declined to pay our payment. We once sent them a notice through advocate, but they not replied. So need the guidance. My client is Pune (Maharasthra).

with regards
Deepa Sharma

Anonymous   29 May 2020 at 11:46

Flour mill intolerable vibrations

Greetings to all Experts and readers,
I live in a row house, next to me lives my uncle with whom we share a common wall.
about 3 years back my uncle set up a flour mill next to my wall which causes nuisance and intolerable vibrations like we cannot sit on the floor even feels vibrations on sofas (our RCC G+1 structure is not designed for vibration loads)
The problem is the property belongs to my late grandfather but the legal owner of the house is my another uncle (not the one to live next to me, the third one, who is not ready to help), My grandfather properties are yet to be distributed.
My uncle who setup the flour mill took NOC with all the other neighbors and installed the flour mill like a secret operation, we only came to know when they started the mill.
we have electricity bill of our house in my name as a resident proof.
can we do something to get out of the pain, your value addition would be greatly appreciated
I kept the post anonymous for a reason, as legal experts I hope you guys will understand.

raviaggarwal   29 May 2020 at 09:44

Copyright over video classes

Please suggest procedures to get copy right over video lectures. Can it be taken in the name of Company whereby all future video content gets covered under this rights??

CA Vivek Kasat   29 May 2020 at 01:58

Signing of financial statements under companies act 2013

This question dates back to the year 2015.

A PVT ltd company has 3 directors of which 2 are staying outside of India (non resident) at one place and 1 is staying in India. It has also appointed a full time Company Secretary.

On 25th September 2015, Company realised that Financials are to be signed and none of the non-resident directors could travel to India and vice-versa.

So, what various options are available to comply with the provisions of section 134 related to signing of Financial Statements by the Company? Also plz give a very practical view i.e. where back dated paper work can also be prepared on this 25th September 2015.

Anonymous   29 May 2020 at 00:25

Pagdi system

Question 1: Our tenants insult us.they want everything for free.they enjoy around 2000 sq feet area at Andheri east for rent of 100 rupees a month
They have rent receipts since 1941
But there is no pagadi document

We can not maintain bungalow with so less rent.
How much can we increase rent.can we prove it's not a pagadi and increase to current rent value

Pagadi system where tenants live for more than 80 years in area around 2000 sq feet for monthly rent 100 while they never paid pagdi have no such documentation
While owners have struggled to build bungalow ,Pagdi rent people always hurt give deterogatory remarks

Why owners have to tolerate for no gain only pain

Maximum how much rent can we take from them
How can we make them pay for expenses

Member (Account Deleted)   28 May 2020 at 15:53

Trade mark agent

I am enrolled as a lawyer after clearing the AIBE exam. I am pursuing CS course and will be continuing it as my profession further. As per law, it is prohibited to practice two professions at a time. I wish to apply for Trade mark agent on the basis Bar council certificate.

1. Do i need to surrender my certificate even if i opt for CS full time employment and not practice?

2. If i become a trade mark agent on the basis of bar council certificate now, will that continue even if i have to suspend my certificate due to CS? if no, what shall be done to continue as a trade mark agent.

Anonymous   28 May 2020 at 15:51

Transfer of land from father to sons

sir, we are 5 sons to our father. my father has a self-earned property of agricultural land. Our 2nd brother had sold his share of this land to us (4 brothers) due to his financial problems. My query is: do my father can make a gift deed for this land in favour of us (4 brothers) without the involvement of our 2nd brother. Will that gift deed is legally valid. or our 2nd brother should have to give any consent in written form that he will not claim anything in future. please answer my query at the earliest.

M M Pandey   28 May 2020 at 13:45

Housing maintenance

Dear Sir !
In Ashiana Woodlands apartment, Jamshedpur , Jharkhand the maintenance services are provided and managed by the builders. In case of delay in paying maintenance charges by the residents for more than month they immediately cut the power supply of the respective apartments. The same electricity power is restored only after making payments by the residents.

Is the above action by the maintenance department is legally correct.

Need clarity / opinion in this regard so that the residents could take up with the appropriate authority for getting relief on such harassment

Regards

Anonymous   28 May 2020 at 10:54

Notice under section 138 in the negotiable instruments act

Dear Experts,

I have given a loan to one of my friend via account payee cheque, Loan Agreement (Notary) is also made with terms and conditions.
He has given Post Dated Cheques, 3 payments are cleared by him, but now he is giving excuses for other pending payments.
All cheque details with cheque numbers are written in Loan Agreement.
Now I am going to submit 5 pending cheques and I am 100% sure they will be bounced.

My Question to experts, for first instance can I myself send notice under Section 138 in The Negotiable Instruments Act, for payment of dues?

If yes can you, please help me by providing a very strong wording for the notice.

He is living in different state , what are the modes for sending this legal notice , Speed Post , whatsapp and what are other modes?

Best Regards