Advocate Goutam Majumder

Questions Answered by Advocate Goutam Majumder

Q: How to give a general power of attorney of a company to one person

There is a Pvt Ltd Company where my son and his friend are the Directors. They want to give a General Power of Attorney to me to run the business. I shall not take any money for doing this work. I want to get a draft for this POA checked and approved by a lawyer.

Advocate Goutam Majumder answered
How you are related to the company incorporated under the Company's Act . The chief executive officer duly authorized by BOD through resolution taken in course of meeting of the said BOD can operate business functions of the company.Authority and responsibility of such CEO should be in accordance with the provisions laid down in the Company's Act.The said CEO shall function as Constituted Attorney. You should consult with a duly qualified company secretary for thorough guidance on this issue.

Q: Father bought land but neighbour acquired part of it now asking money

my father purchased land many years ago.. The plot is attached to the main road. But beside the road and my house between is the pwd area.. Which is captured by my neighbours since before we purchased the land. And they are demanding huge ransom for that pwd area. As per rule pwd area has no papers and that area falls in my position of my land. So what do i do now. How to get it back.. Guide me a little. Show me a way.. I am from a middle class family and i am in an deprived condition.

Advocate Goutam Majumder answered
I do share your concern.However, you have to make available your land/property documents to me including the land map enclosed to the Registered deed of the subject property for proper understanding of your query.Should you require my professional assistance, contact lawrato for further action.

Q: Tenant did illegal construction without the landlord's consent

Iligal construction made by tenant.section 144 done , GD to police done .Send sevelar letter to local municipality to destroy illigal construction.Municipality silent.Landlord is financially weak ,can not go to high court.My question is , is there any way ,land lord can file in district court ,so that Municipality will bound to destroy the illigal construction ?

Advocate Goutam Majumder answered
The query is incomplete in terms of factual information.The relationship between the landlord and the tenant is governed by a specific statute.Moreover,any addition or alteration in defiance of the approved building plan is liable to penal action against the perpetrator.The tenancy agreement at the first instance is to perused to suggest legal relief to the affected individual.Should my professional advice is required , contact lawrato for further action.

Q: What is the time limitation for filing revision in High Court

What is the time limition for filing revision against order of the lower court in high court under article 227 of Indian constitution?

Advocate Goutam Majumder answered
I am rather hasten to mention that Lawrato platform is not meant for tutorial sessions.If the person concern has any problem for which he needs professional assistance,he may use this platform.It is the incumbent upon an advocate to examine related legal issues.The client should concentrate on facts related to his legal relief only.

Q: Advice for resignation without serving notice period of employment

I will resigned from my job from my current company without serving notice period.I am Probationary period. Company termination policy are "You will be on probation for the first six month of your joining the company. During this period employer can terminate the employment by giving a notice of 3 weeks while employee need to serve a notice of minimum 4 weeks. " Can company demand me in lieu of salary or money for release ? Advice me.

Advocate Goutam Majumder answered
You are required to obey all terms and conditions set out in your letter of appointment and Employee's Service Regulations.If there is a provision for payment of Notice Pay in lieu of Services to be rendered during the notice period, You may opt for the same.However if there is no such provision stated in your letter of appointment and/or in the Employee's Service Regulations, you have to serve the stipulated notice period.Failure on your part to do the same would attract penal provisions in terms of referred Service Regulations.