SIA...............
26 July 2013 at 11:37
Hi Experts ,
My last employment was a fashion designer in an export house and i was handling international clients accounts and was also send abroad to meet them .
However at time of my appointment i was not asked to sign any non-compete or intellectual agreement , but later when i was asked to travel I had to sign the documents .
the agreement is made on company letter head and not on a stamp paper .
also it does not have any sign of witness and also it states that this agreement will be come into affect from 2008 that was my joining date but was signed in 2011 that when i was asked to travel .
In this agreement , it states that i cannot open my own business ever nor i can contact the same client ever in my life .
It also bounds me to take up new job for six months .
I want to know if can i open my own company and if the ex employee can file a case against me on breaching the contract .
Also as my research most of these contract are time bound but my contract does not mention any time period for opening my own company , it only says i can take up new job only after six months from official notice and can never ever open my own biz .
Also the contract say its bounded on my heirs and legal assignes too .
Pls advice .
many thanks in advacne .
S
Tipsy
24 July 2013 at 23:51
In Housing society Rented premises or premises available to rent should be allowed to use club house and Gymnasium facility ?
I live in a rented property for a long term stays of 6 months or more by the same occupiers and is written in rental agreement to use all facilities but . I want to know whether I am allowed to use club house and Gymansium facility in Big Housng complex Where there are 11 building federation ?
The leasing of residential properties (whole unit) for residential purpose for a long term stays of 6 months or more by the same occupiers should be allowed to use club house and Gymansium facility
Hesa
24 July 2013 at 15:45
Hi,
I need urgent help.
we had a padgi propety, which we sold in the month of October. the buyer also had paid to the landlord the amount he asked for.
But now tha landlord has still not transfered the rent recepit and also he is not ready to accept that he has received any amount.
So we are in big trouble..
We have sold the property to the seller long time back but the property still is in ur name. And since we had sold it we had stop paying the rent also becaz we had moved on.
So wat should as a seller we should do & wat should the buyer also do from his end since he has already paid to the landlord.
Please help legally or internally want can be done now..
rohit garg
24 July 2013 at 13:36
Thanks for giving my query a reply and now I explain my query to you as we are four brothers and tree sisters and my mother stayed with me and before her death my mother made a registered gift deed of plot to me in the sub registrar court by paying the stamp duty in the sub registrar court in 2007 and also my mother made a registered will on my name in the court and in 2010 my mother died after two months the death of my mother my one brother goes to the court for the probate of his unregistered will(dated 2009) and the will is complete forge as my mother made a gift deed of the plot to me.After for the safegaurd of my property I went to court for the injuction case against all my brothers and sisters as I am tghe owner of the property since 2007 after that my brother breaks the lock of my plot and also he said that he is the owner of the property and all that thing is known to the injuction case judge. Sir , I want to know that as when the injuction case starts I didn't pay any court fees and case is sunmitted in the court and case is still running now and now my brother said in the court that I haven't subitted the court fees for the injuction case .Sir, I asked you that when in the start of the case I didn't pay the court fees than the casec is submitted so sir I asked you that whether I have to pay the couty fees now or not.
rohit garg
23 July 2013 at 21:02
As my mother made a registered gift deed of the property to me in the sub registrar court by paying the stamp duty and also my mother made a registered will on my name in the court about the property, But after my mother death my brother made a forged unregistered will and go to court for probate after that I go to court for the injuction of the property as my mother made a gift deed on 2007 and date on ungistered will of my brother was of year 2009. So, after that in injuction case my brother told the respected judge that I didn't pay the court fees to the court as this is civil case so I asked you the question that whethere there is court fees in the injuctiion case or not and what are chances of my case? Also sir I didn't submit the court fees when I started the injuction case and now at the time of the order My brother told the judge that they didn;t pay the court fees.
vaibhav vora
23 July 2013 at 13:18
Rahul Publishers Inc. v Modi Jadeja
Rahul Publishers Inc. is a world renowned publisher of expensive educational textbooks, which are purchased by some of the best universities all over the world. Rahul Publishers Inc. also gives books to distributors in India, at a much cheaper price than its American Counterpart. The quality in the books is the same, except for very few spelling changes and illustrations. In other words, the Indian books can be used by American students for educational purposes without compromising on the quality of education.
Modi Jadeja, an Indian citizen, seizing this opportunity, legally purchases these books in India and exports these books to the United States of America. He then sells them at a cheaper price in America, while still making a reasonable profit. Rahul Publishers Inc comes to know of the same through their agent in America, after their sales dip by 3%. However, Rahul Publishers Inc unable to take action against Modi Jadeja in America, following the United States Supreme Court Judgment in a case known as Kirtsaeng v John Wiley and Sons Inc., files a suit for temporary injunction and infringement of copyright against Modi Jadeja in the Madras High Court. Rahul Publishers Inc also claims more than 10 lakh rupees worth of damages from Modi Jadeja, for loss of sales caused by copyright violation.
Modi Jadeja raises the defense of the First-sale doctrine and states that the doctrine is implicitly recognized by Section 14 of the copyright Act, and that due to political considerations, the same was left out of the Copyright Amendment Bill, 2010. The First-sale doctrine basically says once a copyright owner makes a sale, he loses his exclusive right to lease, re-sell, or lend. The new copyright owner cannot however reproduce the same. Further, Modi Jadeja states that due to the latest decision of the US Supreme Court, which has been relied upon by the courts in India on previous occasions, Indian courts need to take a closer look at the First-sale doctrine and set right the previously much criticized decisions on the issue.
The Madras High Court grants temporary injunction, and nominal damages of Rs. 50,000 stating that the First-sale doctrine can only be implemented if the same has been expressly mentioned in the Copyright Act, or in previous decisions of the Indian Courts, and that relying on a latest US judgment would be averse to public policy.
Modi Jadeja has appealed the decision to the Indian Supreme Court.
I am on behalf of Modi Jadeja...WHAT POSSIBLE ARGUEMENTS CAN I MAKE IN THIS CASE?
PLEASE HELP
Toral Sampat
22 July 2013 at 12:25
Learned Seniors,
Below mentioned is my query. Kindly guide:
Can a company(manufacturing sector) register its Logo and its Company name in one application where the Logo and Trade are always written together. i.e. logo on top and under the logo the Co. name appears.
The logo and co. name appears on all its products in the sequence as mentioned above.
Thanking you all in advance.
Awaiting reply.
Toral
Bhanu Pratap Singh
20 July 2013 at 21:28
Dear Sir/Madam,
I m 32 Years old living in Dehradun with my wife & daughter. Now a days working outsde of Dehradun for few months.
After 2 months of marriage in 2008 we (Me & Wife) left the house (Only Ground Floor was there at that Time) due to misbehaviour of my sisters & mother. In October, 2010 my Mother requested to come back to Home and brought us back and asked me to construct the First Floor and live there.
I have invested money in the land of my Father. I constructed First Floor with all my money, and I have taken Home Loan from the Bank for construction of F/F. My wife & my daughter are living in the F/F. My Dad, Mom and 1 unmarried sister living in Ground Floor. My father is Ill. My mother, Father, 2 Married Sisters now wants us to vacate the house. I am paying the monthly installments of the Bank.
I took Loan jointly with Father because Land is in the name of the Father, but in construction only I have spended the money. Now it is 3rd Year and construction is almost complete and we are living there.
I heared that my father has prepared a Will in the name of my Elder Married Siter. Most of the time she lives there only.
My father was a Patient of Brain Hamerage 6 years back and now physically weak and suffering from Cancer and Hospitalized.
My Elder sister is Threatening to my wife & Daughter that she will through us out of the house after the Father.
Kindly tell me that....
1- Can my Sister take any Legal action to get us out of the House if exists any Will?
3- Is the WILL valid if prepared when father is Hospitalized?
2- Can we ask for our Money with interest legally?
3- What actions my wife can take for my Parents & sisters Misbehaviour?
4- Can I get the money from Bank after auction if I stops to pay the Installments of Loan?
Kindly reply & Help me.
Regards
Bhanu Pratap Singh
Dehradun
Negi1212@gmail.com
Simran
20 July 2013 at 14:06
Dear Sir/Ma'am,
I have booked a flat under a pre-launch project in the year 2007.I have paid 9 installment on time but after that their was no progress seen, so I inquired about it from my sources & their was some doubtful information about the project.
As I had already paid 2/3rd of the payment I don't want to further put my money on this project.The builders promise to deliver the project in 2010 but now in 2013 the work has been completed & I visited them to clear the amount & my due amount is just 15 lac but they are asking me 25
lac (10 lac as a part of interest & penal Interest).
The project got delayed from their side instead of this I am ready to Pay Interest part but not the Penal interest but they are not ready to give any kind of consideration.
Please Guide
Regards
Simran Madan
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Rights of ground floor
I live on a ground floor. My first floor holder always interfere regarding the area which comes under main gate. He doesn't allows us to keep any thing there.
We have an approx 10foot main gate front.
I have a small kid so i keeps my garbage box outside. He has a problem in that.
We have parked our scooter there. He has a problem in that also.
I want to know that if we are purchasing a ground floor then the outside area belongs to us or not???
1 more thing if we by any chance dries our clothes at first floor he refuses saying its my area so why the groung floor area is not ours???
Please solve my query so that i can avoid useless arguments.