LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

CA SKSONI   12 October 2009 at 19:51

lease deed

What precautions should be taken while drafting a lease deed of 30 years with renewal conditions by a Doctor to a Pvt. Ltd. Co. newly farmed for construction and running a his own hospital with other two partners/ stakeholders.

skg   12 October 2009 at 19:40

On merger issues and benefit to employees of transferor comp

Thanks to Mr. Makkad opinion but I am waiting for more opinions from other experts also.

It seems that on Merger and acquisition there are limited case laws so far as benefits to employees of transferor company are considered.

More over it appears that Mergers are made only for the benefits of Management of transferee company and its employee that is why only one line clause like "terms

and condition of services applicable to employees of transferor company as on merger date will not be anyway less favorable to them then those applicable to them

immediately before the merger date" are written in such merger schemes for employees of transferor company.

In my opinion this clause should be precisely elaborated and defined in such schemes so that the employees who are not interested or feels that they will not be

prosperous in future due to this merger should opt for retenchment compensation from transferor company and search for new job instead of joining the transferee

company.But instead they were made to believe thru false propagandas by management of both companies that they will gain and be prosperous in future from this

merger.

Now it is clear that using this clause only the transferee company and its employee keep on enjoying benefits declared even after the merger date including statutory

benefits like bonus which is not covered in salary definition but arise from the profitability of the company.In this way I think that Government machinery and High

courts sanctioning such schemes are only benefitting management and employees of transfree company and not the employees of transferor company who thus start

feeling that they are still part of the sick company and the letter they received after merger saying that "We look forward to mutually strong and prosperous association

in future" will make them only stagnant and not prosperous as monetary gain to them have been denied.

One thing that I forget to ask in my earlier query was :

The board of directors of both comapnies in their respective meetings on same "x" date (which later on also declared as merger date in the proceedings of merger

scheme) gave their "in principle approval of proposed merger" and after 20 days from x date the transfree company management knowing that they are gaining several

crores, announced an incentive scheme for its employee.

Now my question is that whether employees of transferor company who became employee of transferee company with effect from "x" date as per letter issued to

them (after six month stating that they are now employees of transferee company wef x date) are eligible for this incentive or not, keeping in front the merger date "x"

and the the declared incentive date as "x+20 days".

rgds
skg

Jehangir A Kamal   12 October 2009 at 19:26

Bye Laws for CHS

Hi
was looking for complete detail of new model bye laws for CHS
what % of extra charges can the society impose on the owner of a shop given on leave & licence .
Thankyou

Ram S   12 October 2009 at 17:24

refund of advance paid

I have entered in an agreement with one person, Mr Dakesh, for buying a plot here at Horamavu Village, Bangalore. The Seller has forged the documents and has taken an advance of Rs. Three Lakhs and fifty Thousand from me. When asked for the refund of the advance money, he has provided two Cheques, which have bounced twice, due to insiffiecient funds.

Please advice me how I should proceed further to getback my hard earned money back.

P.C. Joshi   12 October 2009 at 17:23

Civil Suits

I want to know what are the different kinds of civils suits which can be filed in a civil court under different orders of CPC, 1908.

What is order 38 of Civil Procedure code. Does it cover civil suit filed for recovery of receivables not paid by a
customer.

Regards

P.c. Joshi

thiagarajan   12 October 2009 at 17:15

Cheated by visa consultant

I had been cheated by delhi based visa consultant i want to file a case against them and also the taken my money about rs.1.22lakhs.

ajeet bhandari   12 October 2009 at 17:12

As is where is condition

Recently i had bought property sold by bank through auction . Constructed building is 5 floor.I had already paid 25% towards cost of property.
Now i understood that building constructed on it is Unapproved and Unauthorised.Unauthorised construction was not mentioned by bank in there advertisement of auction Where as they had mentioned "As is where is Condition".Now i understood that only 1+1 Floor is approved construction.So please please suggest me remedy for this problem and let me know the defination of As is where is co9ndition.

S. Raghuraman   12 October 2009 at 16:50

order by BSNL to other telephone service providers

Kindly clarify:
I have not settled the final bill from BSNL for Rs.2222/- before my request for disconnection. I requested them to adjust the bill against my deposits totalling in all to around Rs.3000. Their records show only Rs.500/- to my credit before adjustment of the said bill. They claim that they have the right under the Indian Telegraphs Act to get terminated the services provided to me by other service providers in case I do not pay the said sum early. Do they have this right?

Pawan Patil   12 October 2009 at 16:32

Domastic Voilence Act 2005

Sir

My wife has petition case for maintenance (Podagi ) at pimpari Court under domestic Violence Act 2005.

I have made put up case in Pune Court for divorce on cruelty bases on 2007?

The case on going on

My wife has also made petition case at Kalyan court for maintenance

The said case is also going on

I have no job at right now, How much I have to pay maintenance (Podgi) her as per domestic Violence Act 2005 ?

Regards,Choudhari Vilas





Shivasurya   12 October 2009 at 16:10

Tamilnadu Government G.O.

Dear experts, I need a copy of G.O.M.S. No.311, dated 09-02-1975, issued by Government of Tamilnadu regarding land ceiling/land acqiusition. In the year 1960, the Government of Tamilnadu acquired land from its owners and by G.O.M.S. No.311, dated 09-02-1975, the acquired lands were returned to the owners, kindly provide the copy of the said G.O. or guide me how to get the G.O.