Legal questions on Business Law

Transfer tenure and its calculation

Q.1. What is the fixed tenure in NE region region for NAVODAYA VIDYALAYA SAMITI's employee who completed 10 years service in his cadre/deptt.? Q.2. What What is the fixed tenure in NE region region for NAVODAYA VIDYALAYA SAMITI's employee who willingly opt posting in NE region from plain region and also completed 10 years service in his cadre/deptt.? Q.3. What What is the fixed tenure in NE r...

Post-termination non-compete

The following is a clause in my employment contract. How enforceable is it? [....]I also agree that after the termination of my employmentor cessation of my association with the Company for any reason whatsoever, I shall not undertake any employment or enter into any kind of association with any Third Parties for a period of eighteen (18) months in India or any place outside India where I wa...

लिमिटेड लाॅयबिलटी पार्टनरसिप से संबंधित

यदि दो व्यक्तियों ने मिलकर LLP (Limited Liability Partnership) बनाई है। दोनों partners के shares 50-50 % हैं। एक partner कंपनी में अपनी share holdings, rights, title, profit, interest etc. वसीयत करना चाहता है। Life partner interested नही है। उसके legal heirs अभी नाबालिग हैं। यदि legal heirs के बालिग होने से पहले उसकी मृत्यु हो जाती है तो उसकी वसीयत का प्रारूप कैसा होना चाहिए। यदि वह अपनी वसीयत...

US Guy Cheated 2k dollars through freelancer project

One US Guy proposed a project from the freelancing website. He agreed to pay 2K dollars. He is not willing to pay the money from online. He has the option only through cheque . So, he asked one US representative for processing the cheque. Also he was asking the US representative to give the share to one more guy who has the logos and contents for the project. So, he sent a cheque with 3k dollar...

Compete law and no poach agreement for client servicing and designer employees

Basically we are a pvt ltd company working in area of advertising and animations. Our work involves using diff designing softwares and making innovative videos and animations. Those softwares are usually learnt by the designers themselves..but we then guide designers to actually use those software professionally to bring the best quality outputs required by the clients. in this process they lea...

Jurisdiction

Q : JURISDICTION ISSUE FOR MY RELIEFS : 1. I am running a civil suit for cancellation of a sale deed of a prime property ; the sale deed was executed by me due to death threats ; it was done without monetary consideration. Parallel criminal case against the accused, is also progressing. 2. I was the Managing Director of a Pvt Ltd Company, for 6 years. On the same day, my shares in that Com...

Negotiation of notice period

Due to family emergency, I have to quit my job with a notice of 2 weeks. But according to my company's policy my notice period is 90 days. I am willing to buy out the notice period, but manager replies due to project requirement you have to serve the complete notice period. Should I disclosure my personal issue to get a early release? Can employer blacklist me or take legal action against me?...

Non-solicitation of clients

Hi Experts, I have resigned from XYZ organization and i have received a NDA form on last day as part of exit formalities which includes this below clause. Please let me know if this clause restricts me to join as a Full time employee for any of the client's of XYZ organization for 12months. Non-solicitation of clients 1. I agree for a period of twelve (12) months from the date of closure of...

Rejecting offer contract after signing it

Hi, Can i reject an offer contract after duly signing it , can I be sued for the below . this what is mentioned under terms and conditions: The write up is as follows Conditions to Employment 1.1 Your employment under this agreement is conditional on the Company confirming to You that it has received such references, pre-employment background checks as the Company deems satisfactory. 1...

Business partner absconding since 1 year and there is a bank loan liability (LLP)

My business partner in an LLP has been absconding from the office for 1 year and is not contributing to the business. The business has a bank loan and somehow, I as the second partner am paying monthly interest from my own pocket as the company has no money to afford even the interest liability. On repeated follow-up, the absconding partner is replying barely over facebook assuring me that he w...

Company Threatening To Take Action To Get Money As I Had To Leave My Job Urgently Due To Famiy Issue

I am 32 with 18 months baby.He is unwell and my husband stays in different city due to his work.I had to leave my job and urgently travel to take care of my husband who is unwell and was staying alone.I informed my manager on phone and had discussion two times on the same issue. When I was hired, I was hired at a pkg of 8 lakhs and later on the company asked me to work on a lower pay of 5 lakh...

Regarding Activa 125-Cyber Fraud-Shailesh Yadav-6300 Rs got Deducted.

I have seen one ad on OLX for Activa 125 cc and the seller informed me that he is from CISF and shared me his ID and other Government proof. He was ready to give it to me in 180000 Rs. I have requested that I'll come there and I'll check Bike and then I will pay but he said he is working for CISF and they will not allow another person to come inside so he suggested I pay 3000+150 Rs. So I ha...

Took Distributorship but terminated before 1 year want money back

A company approached me after lockdown and said they will provide me business. They want to appoint me as their distributor for a particular city. They said if you want the distributorship you need to pay us 10000 rupees. After few conversations i was convinced and i took the distributorship. I paid him 5000 in advance and they sent me the 6 goods costing 10000 and the contract duly signed by t...

Payment of pending salary.

Hi There. Greetings!! I happen to be a senior IT professional from Bangalore heading with a startup as Head - Enterprise analytics ( Band -I ) and served the organization for eight months, with a specialization in computer science as PhD. The said organization could not process my joining formalities due to COVID -19 outbreak in May-2020 and hence despite of working for one and half mo...

Will I have to worry about a notice that my previous sketchy employer served me?

I had been a part of a company in Bengaluru. All my life all I know is teaching on online platform keeping the point in mind to positively contribute on youtube to help provide free education to all. My original agreement was to serve one month notice or surrender salary for it. They just kept making false promises by holding my raise and not working on it. My financial requirements and medi...

Transfer of ownership

I have selled my bike to an dealer in exchange of new bike purchase 2 years earlier. that dealer had provided me only delivery challan on which it is mentioned that the agency is liable for any accident, mishappening from date of purchase till date, i have asked them to sign and stamp a affedavit but they denied and they told me that they had provided delivery challan and stamp and signatures a...

Payment demanded by employer for 'Notice pay recovery' after 1.5 years of resigning

Hello, I am facing issues with one of big MNCs regarding a negative settlement. They are now demanding to pay 19k as they claim my full and final settlement is not over. However even though i provided resignation they never accepted it till the last date as per my notice period. i also extended my last working day to another month hoping they would accept my resignation. Unfortunately they n...

Resigning partner refusing to pay taxes or Supplemental LLP Deed expense

The resigning partner tendered his resignation back in first week of September 2020. He declared his last date to be October 31 2020. The resigning partner had initiated the thread of taking up Startup India registration to be able to avail tax exemption. As the registered address of LLP was also going to change, both aspects (partner's resignation and registered office address updating) are to...

Employment Agreement Breach Notice Reply

Hi All, Below is detailed explanation. Employment agreement issue 1. I received a call from a small IT firm and they asked my willingness to join the company, I said no. 2 Nov 2020 2. The HR insisted me multiple time and I agreed to go with virtual interview call. 3. 2 online video interviews were completed, I cleared the interview. 4. HR called me and asked if I want to joi...

Arbitration case is going on.

With reference to above subject, I am holding Demat account (Client ID-2467511) in M/s Sharekhan Ltd, Bangalore for more than two years. I transferred all my shares from BMA securities Ltd to sharekhan.(Almost worth 70000/-). This became my main stock broker and started trading in equity and futures & options regularly. I Never asked them to reduce brokerage and never complained against any one...