Apurva Kumar
28 September 2008 at 14:50
Problem;
-Dispute b/w the franchiser (a reputed telecom co.) & franchisee
- I am from the franchisee side
-Points;
-Existing agreement valid till 2010.
-Company is pursuing the franchisee to sign a new agreement.
-Franchisee apprehension is that by the new agreement and norms there payouts (commission) might decrease drastically.
-Issues;
-The co. without any bilateral agreements has started payments as per the new proposed agreement. Without holding any meeting or listening to the franchisee i.e. very much acting in a monopolistic way (hence franchisee apprehension were true).
-Steps Taken Till date;
- The franchisees (7 in no.) have jointly served legal notice to the co. in reply to which they send a very casual and general reply wherein they have falsely denied the allegation prime facie.
-They have referred a certain clause of the agreement wherein they have all the rights to change any clause by giving a circular or notice. (Seems to me they are acting in a very professional manner)
-Question;
-What is the need of such bilateral agreement when there is such hidden clause which they can use as a tool to serve there own interest at any pt. of time?
-Relief;
-My arrears
-My earlier blocked payments with interest.
-Last but not the least if at any time they want that they are not willing to work with me they can terminate the deed by giving me my all the arrears along with my guarantee money. As there is no future with such co. who has no work culture and professional ethics.
-Any suggestions where to sought relief from either MRTP,TRAI,WRIT,or Simply Dist Court? And what to do after legal notice where to go please help me step by step as I am new and confused please!
Regard
Apurva-Kr
Advocate,Patna High Court.
mastanrao.bhogadi
28 September 2008 at 14:21
Sir,
a decree passed by small cause court can be transferred to regular side for attachment of immovable property in view of amendment to Sec42 of c.p.c.
allurisivajiraju
27 September 2008 at 21:52
Respected Seniors,
In a civil case after obtaining decree the DHr attached the the amount which was pending in the hands of Garnishee which was belongs to the JDr.
After that the DHr filed a petition for sent for the attached amount to the Court. After receiving the Notices from the Court the Garnishee not sent the said amount to the Court. Eventhough there are 5 remainders sent the Court to the Garnishee to sent for the said amount to the Court.
Recently the DHr filed a Petition against Garnishee U/S 2 (b) of Contempt of Courts Act, before the Senior Civil Judge's Court since the matter was pending before the Senior Civil Judge's Court for willfull disobdience of the Order of the Court by the Garnishee.
But the said petition was returned with an aendorsement " this Court has no jurisdiction to try the Petitions under the provisions of the Contempt of Courts Act.
Now what is the remedy to the DHr. If any decisions for the jurisdiction of Senior Civil Judge to try the above said petition please refer the same.
Thanking You Sir.
advocate satya
27 September 2008 at 13:15
sir
if the opposite party asks an adjourment of the case to another date due to some cause what is the minimum cost the judge should impose as per the consumer protection act? is is minimum 500 as my knowledge is concerned as per the act?
advocate satya
26 September 2008 at 13:41
can insurance company deny the claim of theft of a vehicle in which CNG was fitted but not endorsed in RC of the vehicle? is any clause is there?
/
sanjay kumar patibandla
24 September 2008 at 22:23
The owner of the vehicle paid premium for insurance for third party also on 23.01.2008 at 3.30. P.M.
Insurance company issued a policy by mentioning the coverage starts from 00.00hrs(midnight 12 A.M) of 24.01.200812 A.M.
But the vehicle met with an accident on 23.01.2008 at about 08.00 P.M
Weather the Insurance company is liable to pay compensation to the third parties. If Yes kindly mention judgments.
Rasik Dagli
24 September 2008 at 12:15
As per this provision of Order 8 Rule 9 of C.P.Code subsequent pleadings regarding Set-Off or Counter Claim can be filed without the leave of the Court.Other pleadings do require leave of the Court. I could not find any direct Judgement on this point either of Supreme Court or any recent High Court Judgement. If any Lawyer or Expert find any judgement directly on this point, reply may be posted on this column.Thanks.
sagar madan
24 September 2008 at 09:42
What are the requirements to become a notary in India?
Gopinath
23 September 2008 at 10:37
This is regarding a dispute between the Owner and the Builder.
As per the agreement between the owner and the builder we should pay what was entered as sqt rate. But the builders agreement did not list about charging for Lift charges for the construction of property in the agreement no where or a disclousre. But now he says that is exculding the charges which we are suppose to pay irrespective of whether it is in agreement or not.
Please let me know what would be the final consequence if he is filling a case against us for not paying for the lifting charges which are not part of the agreement.
Thanks
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