Advocate Rajesh Singh

Questions Answered by Advocate Rajesh Singh

Q: Can a company be sued for offering high CTC and reducing it later

I got job in a MNC located in gurgaon and they offered a certain CTC(Salary) which I accepted and resigned from my current job. After 20 days they sent me revised CTC which is 3 lakhs less than initially offered CTC. I asked them to give a joining bonus of 2.5lakhs for reducing CTC but they agreed to give only 1.5 lakhs. Can I sue them for cheating me with initially offering high CTC and then reducing it after accepting the first one?

Advocate Rajesh Singh answered
To prove criminal charges, for such cheating, you may find it difficult; further, if you intend to sue them for breach of offer letter, you need to be sure that you had accepted the offer in writing before the revision. Thereafter they have reduced the offered CTC. You can certainly reach to civil court for relief and breach of employment offer terms. Keep in mind what are you trying to achieve from this whole exercise while legal remedy is a long process to exercise your contractual rights and is it worth or not in proportionate of your time and relief expected.

Q: Corporate air ticketing credit clause how to add

I used to run a corporate travel business few years back but I lost a lot of money because there was no paper work.. no contract.. everything was going on good will & trust and i was never in a position to ask my corporate client for a contract fearing of the risk of competition. Now I have decided to again step into this business and my question is that "I've started pitching my new travel agency to corporates, but the challenge i'm facing is that the corporates do not want to sign the contract initially they say that first let us see your service and then we will think of contract. Is there any legal clause or term i can ask them to acknowledge over email before investing money in their ticketing till the contract is in place?

Advocate Rajesh Singh answered
Promise from you to provide services and their acceptance ( avail your services on terms in email), by conduct or writing is an agreement in law. So all the commerical terms and payment conditions with a liability cap in your emails can at least help to conclude the agreement thru email.

Q: Cost of formation and trademark registration of a partnership firm/LLP

How much is the cost required to open a partnership firm and llp?Also how much cost required for trademark registration of firm/company?

Advocate Rajesh Singh answered
Government fees of registration is available on the respective government site of both Registrar of Company and Registrar of Trademarks. The service providers or lawyer may add their fees for providing full support and track the application and mostly the same are charged stage wise based on query or events that may happen after filling the application. There is no straight method, there are online service providers who have package deal for all such work and can be convenient to approach them if you have a budget issues.

Q: Clarification on registration of Franchise agreement

FROM THE YEAR 2014 : is A franchise agreement IN CASE OF A PVT LTD is it necessary 1) To Contain co. identification like,. IN CASE OF A PVT LTD: LIKE CO. CIN NO. , DIRECTOR DIN NO (IF NOT CONTAIN IS IT VALID), PHOTO ETC ALONG WITH WITNESSES, 2) And franchise agreement only NOTARISED and NOT REGISTERED, can it be executed

Advocate Rajesh Singh answered
Answer to your question 1- it is advisable to have but not compulsory so that clarity of legal name is there to file can case against legal person like the pvt ltd company. If signed by director then DIN or else have board resolution in favour of the person executing the franchisee agreement but not necessary. Other aspects will factually ensure the authenticity of the person involved and keep your mind clear with regard to genuineness of all people involved. (precautionary need not mandatory to enter into franchisee agreement)Answer to your question 2 - franchisee agreement need not be registered hence notarized copy will do.please note in government contracts, if the tenders expect some process then you need to ensure compliance of the same for your own good and strengthening of the case. Legality may not fully be questioned in absence of the above been not done in some case.

Q: No Non competence agreement with company issue of infringement

Hello, I am Aditya and have been working in an organization as Business Analyst from past 5 years. During my tenure there, I used to work on enhancement and functionality testing of a Project Management tool which was used In-house for all internal employees. From last 2 years I started working on creating a Project Management tool of my own. Since I'm not a developer so hired a developer who had build the application for me. The application is totally different than what I used to work on in terms of Functionality and UI however the base of both remains the same (Project Management) I have recently resigned in the organization and planning to incorporate my Private Limited firm and start selling the same once I'm out of the office. There isn't any Non-competence Agreement signed by me. I wanted to know if there would be any legal issues in this as I started working on it while I was employed with the company (however I did all in my Non-working hours) Also other issues if any.

Advocate Rajesh Singh answered
To answer your questions accurately need the following:-1. Employment Agreement/Appointment letter with all annexure signed by you as joining formalities2. Copy of Policy to which you are bound to abide or comply during employment esp policy dealing with BYOD, LAPTOP UNDERTAKINGS AND SO ON3. Source and INFORMATION OF KNOWLEDGE AND REFERENCE MATERIAL REFERRED DURING DEVELOPMENT work4. Which laptop(personal or office) was used while doing development.There are many things to be assessed before deciding the issues and probability of infringement claim in addition to non-compete & non-solicitation clause.