I was working along side my friend on a project for last 7 months. I was looking after technical aspects of the project & have communicated with lot many people regarding the same. In the end of April my friend floated a private limited company but did not include me as a founding member or director. In the past he had agreed for the appointment as a director along with share holding in the company. However when i initiated the procedure (this past week) he refused & said he wouldn't allow it to happen. I don't have any agreement kind of thing, however i possess a lot many communications (internal & external) related to my work. Also i have email when he had once agreed for the appointment. Can I sue him for his misconduct? Is it possible? Need suggestions so that i can initiate legal action against him if it is permissible or valid under law. Thank You.
1.The breach of promise if no civil wrong for which you can file a suit for relief and damages.
2,it is a pure break if your expectation but for this you can not seek remedy from court,.
3. Had there been an agreement then on breach of tis temrs you could have filed suit for specific performance and damages,
4. So respect your talent ,move on in life and make your own destiny.
You are well capable of that. Good luck.
It is necessary to peruse correspondence entered into with your friend to advice
2) if your friend has floated a pvt ltd company it is not necessary that you should be appointed as director or be given any shareholding in company
3) consult a local lawyer before you initiate any legal proceedings against your friend
I had paid INR-5000 to one of the client on behalf of the company & it was meant to be the payment to them from our side & i have that thing on the company's letterhead with the signature of my friend. Also i had communication/mailed to various government bodies like municipal corporation, State urban development board using the designation "Project Head" while associated with the company. Would it establish in the court of law that i was cheated by my friend? What anything other than an agreement or contract would help prove the merit of the case? Kindly list it.
You don't have any appointment letter issued by the company wherein you have been appointed as project head
You were never authorised by the company to enter into correspondence on behalf of the company
It does not prove you were cheated by your friend
I regret that this is not a case of cheating within the meaning of criminal jurisprudence though it is indeed a case of breach of promise for which no civil wrong is committed.
I don't have any agreement kind of thing, however i possess a lot many communications (internal & external) related to my work. Also i have email when he had once agreed for the appointment. Can I sue him for his misconduct? Is it possible? Need suggestions so that i can initiate legal action against him if it is permissible or valid under law. Thank You.
Just because you were associated with him, you cannot claim any rights in his new project or business, especially if you have not contributed to it in any manner.
What is the basis that you would like to sue him or what are the documents that you rely on to file any case against him?
You can either talk with and arrive at an amicable settlement or disassociate yourself from him with immediate forth and snap all your business and other personal ties with him forthwith.
Dont invite trouble by the thought of filing any legal case agaisnt him without any base
I had paid INR-5000 to one of the client on behalf of the company & it was meant to be the payment to them from our side & i have that thing on the company's letterhead with the signature of my friend. Also i had communication/mailed to various government bodies like municipal corporation, State urban development board using the designation "Project Head" while associated with the company. Would it establish in the court of law that i was cheated by my friend? What anything other than an agreement or contract would help prove the merit of the case?
You dont have an agreement with him in any capacity nor you have been authorised by him or his company to be his employee/partner/director or with any portfolio.
Your acts and deeds cannot entitle you to claim any right in the company or from him.
You may consult a local advocate who may suggest you some better ideas to torture him by using any loophole in it.