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Queries Participated

JAGADEESH GOVIND   16 June 2009 at 10:35

Applicability of ESI

Dear Sir,

We are a Company having 100 and more employees and registered under ESI Act.Now a division of our company seperated and forms a partnership firm.Six of our employees are also joined in that company.

My specific query is that

1) Whether the firm can be registered under ESI Act?
2) Whether the employees can continue their ESI facility through the compnay ?

Pl Advice

Regards,
JAGADEESH

REEBI JOSE   13 April 2009 at 12:56

Holiday on Election

Dear Sirs,

Is it necessary to declare a paid holiday on the day of Election (16.04.2009) to the parliament of any private industrial undertaking

Whether the holiday declared under the provisions of negotiable instrument act is applicable to private Industrial undertaking.

If the Labour commissioner issued any orders for grant of holiday for the day of Election under the Representation of the People Act,1951 , whether it is binding on private industrial establishment.

Earlier we are providing necessary time to the employees for exercising their votes not as a full day holiday. Is it necessary to declare election day as holiday based on the orders of Labour Commissioner.

Seniors please advise.


regards


reebi.

JAGADEESH GOVIND   11 April 2009 at 11:21

SPECIFIC PERFORMANCE

Dear Sir,

I am a real estste agent engaged in sale of plots.On 4/11/1993 I had issued a letter to Mr.A accepting Rs.50,000/- towards advance of a plot and issued receipt for the same.There is no time limit had mentioned for the execution of sale deed.Mr.A omitted to purcahse the land and we sold the land on 2001 to a third party. On 15/09/2008 Mr.A had send a legal notice for specific performance of the contract.

My questions are

1) Whether the claim by Mr.A is hit by limitaton act or not ?

2) Whether Mr.A is eligible for compensation as the agreement become unenforceble as we sold the property to a third party?


Kindly advice.

Thanks and Regards

JAGADEESH


JAGADEESH GOVIND   18 March 2009 at 11:18

PROPERTY OF TRUST

Sir,

Mr.A has purchased a property as Trustee of 'X'.The Trust 'X'is constituted by four trustees belongs to the same family.Subsequently they dissolved the Trust.

'A' sold the property,he acquired as a trustee of 'X' to Mr.B.

1) Whether the sale by A is legally right ?
2) What are the procedure for disposing the trust properties on termination of trust?

Pl.Advice

Regards,
JAGADEESH

JAGADEESH GOVIND   14 March 2009 at 14:28

Service Tax on Apartments

Dear Sir,

My query is related to Circular No.108/02/2009 dated 29/01/2009 by ST Department.

I had entered into two agreements with a Builder for sale of undivided share in the land and a constrction agreement for the construction of Apartment and I am paying consideration in monthly instalments.No sale deed has been executed in favour of me.I had already paid 40% of the amount which includes Service Tax.

My specific doubt is:-

Whether I have to continue to pay Ser.Tax as per the second agreement for the value of apartment as the second agreement with the Company is a construction agreement and the Circular didn't mention anything about construction agreement for residential units.

Kindly advise me.

Regards,

JAGADEESH

JAGADEESH GOVIND   06 August 2008 at 14:09

Privity of contract

Dear sir,
I would like to produce a licence deed in the court as an evidence. But I am not a party in the agreement. Pl advice whether I could produce it ? If the opposite party raise the contention that I am a third party and no locus standi to produce the agreement. How could I defend it ? Whether it is hit by the principle Privity of contract ?
Jagan

JAGADEESH GOVIND   03 May 2008 at 16:14

Super Built up Area

Sir,

Is there any laws,rules or ststute which explain/define super built up area of an apartment.

Jagan

Abhimanyu Soni   30 April 2008 at 22:54

Minimum age of an emloyee


Dear All,

What is the min. age for an employee to be enrolled as an active employeee of an organisation.

Is such age limit differs under factories act and shop & establishment act?

What could be he consequences if an employer(co.) hires a under age employee on contract basis?

Regrds
Abhimanyu Soni

Mani Narayanaswamy   29 April 2008 at 09:52

stamp duty on lease

Can somebody let me know how to calculate stamp duty and registration fee for registration of lease deed in respect of an immoveable property in tamilnadu?

Hitesh   24 April 2008 at 12:02

Leave Encashment

please late me inform how many days of Leave salary payable to employee when encash. if any notification or circular then give it.