VENKATESH HEGDE
21 November 2011 at 12:08
This is the case now I AM GOING FOR for appeal which is specially challenge for me. The brief facts of the case as follows: This is the franchise based courier business. one person approached the corporate office for the doing the Courier business as he filled the application form along with the security deposit of Rs 15,000/-. the same was registered and giving him a franchise code. After consultation with regional office, without having any franchise agreement he started the business with out knowledge of corporate office. After due inquiry the area of operations has overlapped so Regional office informed that person to due to this reason the agreement is with held by the corporate office & informed that person to stop the business. but that person did not ask the regional office &continued to do the business. After that the regional Manager personally visit that franchise office, & remove the sign board and again ask him to stop the business without having the franchise agreement & to stop to accepting the consignments.Againest the said action by the R.O he filed the recovery suit for compensation & damages.He produced the delivery challans, some receipts, security diposits, and some invoice & appointments letters of his staffs. After hearing the case & examines the wittiness the hon'ble sub court treated it as agency and act of that franchise is treated as implied agency under section 186& 187 of Indian Contract Act& awarded Rs 4 lakh as a compensation & damages. Now i am going for a appeal before the Highcourt taking the contention under section 235 and 236 of Indian Contract Act. In Evidance & Plaint the plaintiff accepted that the R.O instructed to stop the business without having any agreement but he did not ask them and continue the business in there name up to they denying to accept the consignment. Please advise how to continue and any favorable points & citations.( In Lower court company advocate not handling the case properly.. so No def evidence & documents.)
Sakshi Srivastava
27 October 2011 at 22:09
Dear Sir
I am a freelance Events Manager. I recently organised a event for a client. The client requested for an arrangement for 450 people -> tending to 500
On the day of the event, 1000 people turned up from the client side. Eventually the system could not support the strength. However, the client shouted on top of his voice in the middle of all guest complaining about the lack of proper arrangements & highlighting the in-sufficient food etc with no mention to the fact that his guests had far exceeded the number mentioned to us in the work statement.
I believe that this incident has caused a high level of damage on my reputation as a events organiser & has caused a huge loss of potential business.
I want to file a defamation case against them. Can you please advice me on this. I am in Faridabad
Rajeev1978
27 October 2011 at 18:50
Dear All,
One of my friends was working with a reputed MNC bank. After almost 2 years of service, the bank terminated him without any reason.He filed a writ petiotion in the High Court challenging the termination order and simultaneously also filed a case at the Labour Court.The ALC could not get his job back or provide compensation to the employee , but managed to persuade the bank officials to provide a relieving letter to the employee , on the condition that the employee submits a back dated letter of resignation to the company.Since almost 10 months had elapsed without an employment, my friend accepted the relieving letter in hope that atleast he has some chance to seek employment on the basis of a clean service certificate.The question here is has the employee lost the right to challenge the original order of termination issued by the bank ??? Isnt this a case of arm twisting tactics by the company inorder to force employees to submission so that they get away with unfair practices ??? My friend was the only bread winner of the family with 3 dependants. Does the court expect that the aggrieved employee has no right to employment till his case is decided in the court of law ??? If the employee doesnot earn for him and his family , there will be a question of survival, let alone fight for justice !!!
I request the expert panel to submit their valuable comments on this very important case.
Regards,
Rajeev
mahendrakumar
27 October 2011 at 18:30
is submission of a written argument notes is better than oral argument?
it would be better to give a detailed answer/opinion,than an yes or no.
Rajat sahotra
27 October 2011 at 18:14
Dear Experts,
Filed a suit for injunction against a company who is the land lord and who had mortgaged its property to the bank who has decided to auction the property and issued the notice of vacation of tenanted premises to the Tenant i.e. us.
ex parte injunction is sought and obtained against the bank and the landlord company.
But on compliance of injunction order it was found that the company is sold to someone else and some other company is running at the given address.
Resummoning of dasti summon is sought to there other address where it was reported that the owner of the company has died way back 2-3 years.
Names and address of Sons or LR's of the owner of the company is sought but the plaintiffs are not able to trace out the exact date of death of the company owner to file the application to bring LR's on record under Ord 22 Rule 4 of CPC.
Whether the application not mentioning the date of death of the owner of the company is maintainable in court or can be filed without date of death?
what other remedy s available in case date of death is not known of the company owner.
kuppa badri narayana
27 October 2011 at 17:23
sir whether compassionate appointment can be given to a second wife whose marriage took place during the currency of the first wife but the first wife is now no longer surviving.
prashant1314
27 October 2011 at 12:17
Dear Experts,
I am working in manufacturing company in pune as contract worker through registered contractor due to diwali factory will be closed for around 05 days so the Staff & Permanent Workers of the company would be getting salary for this period as the same days are included in Annual Holiday Calendar of the factory?
So am I too eligible for paid salary fot these days?
Arvind Vashistha
27 October 2011 at 06:14
Respected members,
Very Good Morning to all of my near and dears
(1.) What is the procedure to registered a law firm in India (New Delhi) ?
(2.) According to advocates act 1961, advertising is not allowed in our profession !! then please help me to advertise my law firm without breaking the rules and regulations ??
devesh choudhary
21 October 2011 at 22:45
i had given cash hand loan Rs 1.6 to my friend in year 2007.no document executed.he paid Rs 25000/- year 2008 and 20000/- yr 2010.after 4.5 year(year 2011) he gave two cheque for balance amount which got bounced with memo stop payment.cheques are from old cheque book issued in year 2007.notice issued u/s 138.accused replied "lost cheques already informed in bank.no loan taken.cheque misused by complainant who somehow got my lost cheques."i have no document proof of loan. how to contest.
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Oral agreement are valid or not?......
Sir,Oral Agreement is how much effective in Court....? the matter is related with money...one person(A) give money to another one(B) with oral agreement that he should return his money within 3 months .but now (B)refusing to return money...and he threats (A) On the ground that oral agreements are not valid in court....so ,what should (A) DO in this case...sir ,plz suggest...