Heaven 2011
21 February 2009 at 12:28
In a license agreement entered with the licensee there is a clause "it is hereby clarified and agreed that the present demise is for a term of 3 yrs during which period either party can terminate this agreement by giving 1 months notice.After the expiry of such license period, this agreement may be renewed at the option of the Licensor on the same terms and conditions for further two periods of three years each..."
Respected gentelmen, my query is if this agreement is renewed can i incorporate new clause containing new terms and conditions or can i amend or delete this existing clause? Can i have any theory back up for the concerned issue from Indian Contract Act?
Kindly advise.
With best regards,
Asish
Heaven 2011
21 February 2009 at 12:28
In a license agreement entered with the licensee there is a clause "it is hereby clarified and agreed that the present demise is for a term of 3 yrs during which period either party can terminate this agreement by giving 1 months notice.After the expiry of such license period, this agreement may be renewed at the option of the Licensor on the same terms and conditions for further two periods of three years each..."
Respected gentelmen, my query is if this agreement is renewed can i incorporate new clause containing new terms and conditions or can i amend or delete this existing clause? Can i have any theory back up for the concerned issue from Indian Contract Act?
Kindly advise.
With best regards,
Asish
raja_kumar
21 February 2009 at 10:49
I hold a Barclays credit card.
My credit card statement for the month of January reflected a balance of Rs.180.00 to be repaid on the due date of 22nd January 2009.
I had repaid the above amount on the due dates vide my cheque drawn on ICICI Bank. However, due to some problem in fund transfer between my linked accounts, the cheque got returned due to “Insufficient funds”.
The Barclays credit card alerted me via SMS about the Cheque return and as soon as the SMS was received on 27th January 2009, I had repaid the entire amount due to the credit card thro’ Visa Money Transfer.
Now the Barclays Credit Card had sent me card statement for month of February 2009, charging me a sum of Rs.1235.96 towards penalties. The statement contains no transactions but only penalties towards Cheque return Fee and Late payment Fee as below:
(i) Returned Cheque Fee Rs.500.00
Service Tax at 12.36% Rs.61.80
(ii) Late Payment Fee Rs.600.00
Service Tax at 12 % Rs.74.16
Total Rs.1235.96
I had contacted the customer care service of the Barclays credit card over phone and via e-mail requesting them to waive or withdraw at least the late payment fee since I was a prompt payer of my dues and had never defaulted before. The Barclays credit card had refused to help me and waive or withdraw any of the charges stating that they had levied the charges as per the rules.
I feel frustrated and helpless since I had to pay penalty in excess of seven times of my transacted amount. This is besides the cheque return fee charged by my bankers viz., icici bank.
Can anyone help me in this to proceed further?
What the RBI and the laws of the land can do in this issue?
Shall I pay the card the penalties demanded in part or full (under protest) or stop payment to the card and proceed with arbitration in a legal forum?
Please Help!
Thanks to everyone in Advance!!
Raja_kumar
Heaven 2011
20 February 2009 at 14:08
Dear Sir,
I am a semi qualified Company Secretary and a Lawer and have been working in a reputed Company in Kolkata. My work area is specially Corporate Law. Apart from this I have also drafted and negotiated other legal agreements.
I want a shift from my present Company. Can any of you give me a reference in any reputed Company or reputed legal firm in Kolkata.
I can mail my C.V to the interested one. Kindly also mail at asishsil@yahoo.com.
Best Regards
Asish Sil, LL.B
gitish
17 February 2009 at 17:22
hello friends...
this is gitish bhardwaj advocate.
i have an query with regard to can a letter patent appeal be lie in case of order passed by single company judge of high court in matter of appeal from CLB in section 397-398...
plesw give your advice
AB
17 February 2009 at 11:03
In LC it is clearly provided that "All banking charges outside India are to the account of Beneficiary".
The Beneficiary issues a certificate(as required in the LC) that courier charges are to the account of the issuing bank.
Is the document descrepant.
If the bank accepts the document then is it a violation of FEMA under section 3(d) of Chapter II of FEMA, 1999.
Chandan Garg
16 February 2009 at 17:47
We ordered some material worth one crore from a party in USA and opened a LC (Letter of Credit) in Bank at Delhi.
The party doesn't sent the material but sent Forged documents and got the LC retired from bank.
The bank didn't check whether the conditions of LC are fulfilled or not as two of the conditions were not checked by bank.
Now please tell how can we recover the money
and what action we can take against the bank.
neelam desai
16 February 2009 at 13:58
Has "Control" been defined in any of the prevalent Indian Laws/ statues/ regulations?
Request memebrs to share their views
Regards
amit
16 February 2009 at 13:28
dear sir,
X is proprietor in his firm, but now he become a lawyer .X wants to transfer his firm to his uncle(X mother is not interested & X father is govt.servant)X wants to become legal advisor in that firm. X wants that bank transaction & other matters of firm should be in X's hand too. any matter or dicision of firm cannot be done without concent/signature of X
my question is how can it possible for X to do this. so that nobody can take wrong benifit
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License Agreement
In a license agreement entered with the licensee there is a clause "it is hereby clarified and agreed that the present demise is for a term of 3 yrs during which period either party can terminate this agreement by giving 1 months notice.After the expiry of such license period, this agreement may be renewed at the option of the Licensor on the same terms and conditions for further two periods of three years each..."
Respected gentelmen, my query is if this agreement is renewed can i incorporate new clause containing new terms and conditions or can i amend or delete this existing clause? Can i have any theory back up for the concerned issue from Indian Contract Act?
Kindly advise.
With best regards,
Asish