Advocate Varun Singh Ahuja

Questions Answered by Advocate Varun Singh Ahuja

Q: Bond completed with company I want to leave with notice is it legal

My bond has been completed with company for one year...and i want to leave the company now....with giving notice....can company take legal action in future regarding me....

Advocate Varun Singh Ahuja answered
No company can not take legal action against you for leaving the job after giving due notice period to the company. But you have to be conscious that you should not reveal confidential information of the company to any third person.

Q: Transfering me immediatly basis from delhi to cochin

I am working with the company rachnasagar pvt ltd sice 1yr 10 month . Yesterder they told to go in there brother's offic to work . I told that i will not go there then they are transferring me to cochin(kerela) on immediate basis. Is there any procedure to put a case against employer.

Advocate Varun Singh Ahuja answered
It depends on what is there in Employment letter if the letter says that the employer has the discretion to transfer the Job then the employer has the power to do so. It will basically depends on what is there in the employment contract.

Q: Provisions in law for winding up of a company for non-payment of dues

What are the provisions for winding up of a company for non payment of dues after the insolvency and bankruptcy code? Also is 433(e) of companies act 1956 still in force?

Advocate Varun Singh Ahuja answered
As per new Bankruptcy code if a company fails to pay a sum of Rs 1,00,000/- despite demand raised by the Creditor within 15 days of demand raised by the creditor then a Creditor can move to National Company Law Tribunal for declaring the company Insolvent. Both the act Bankruptcy code as well as Companies Act complement each other.

Q: Procedure to close partnership firm

how to close partnership firm and what is documentation to close firm and filling forms

Advocate Varun Singh Ahuja answered
For closing a partnership firm you need to draft a desolation deed, the said deed must be signed by all the partners of the firm. After drafting of desolation deed then firm pan number, service tax and other documents need to be surrendered.

Q: Copyright of the business plan without registering a firm

I have a business idea and the firm is not yet registered. Can I still have the plan right protected.

Advocate Varun Singh Ahuja answered
Although in India there is no provision for getting a business idea registered as Intellectual Property, as Indian legal system does not recognize Business Idea as Intellectual property of any individual.