Advocate Srikaanth S Iyyer

Questions Answered by Advocate Srikaanth S Iyyer

Q: Query regarding Compassionate Job

My father was working as a central government employee. Unfortunately, due to brain haemorrhage, he expired on 17 Oct' 2019. He was working as a photo officer (Ministry of I&B) and was the official photographer of honourable prime minister of India. When asked about compassionate job, higher officials discouraged me to fill the form as they said it is near to impossible to get the job on the basis of compassionate ground since my mother is already working in a govt aided school and we have our own house. They told me not to fill the form and waste time. One more reason, they told is I am over qualified as I've done MBA. I am quite confused what to do now. Should I fill the form? Are there any chances to get the job on compassionate basis?

Advocate Srikaanth S Iyyer answered
There are two aspects to this situation: (a) it depends on the rules regarding compassionate appointment in the department and on the post and the conditions; and (b) as long as you are not restricted from applying you may apply for the post but being appointed depends on the conditions and the department appointment procedure.

Q: query related to registration of a company

My brother is commencing a business of advising students for traveling internationally the business will majorly be dealing in consultancy and collaboration between international universities what is the procedure to register the same?

Advocate Srikaanth S Iyyer answered
Your brother can incorporate a corporate body such as a limited company or LLP, if there are 2 or more persons starting it, or even a one person company if only he is starting it. Otherwise he can start a sole proprietorship firm. The registration and incorporation depends on how your brother would like to structure the business.

Q: TAKING OF SEXUAL VIDEOS WITHOUT CONSENT

Asking for a friend. She recently flew back to her home country and met up with her boyfriend(who is now her ex). They slept together and she stated that during that time, the guy took videos and photos of the act, to which my friend protested. The guy then apparently deleted them at my friend's insistence. However, when my friend went back abroad for her work, they separated and the guy who initially told my friend that he had deleted the videos and photo, showed her sister and her now girlfriend the scandalous footage and images to which they are now berating my friend because they said she allowed it happen and basically aggravated the guy's current girlfriend because they were already together when that happened. The guy's sister, on the other hand, is threatening to spread the videos and show it to my friend's grandmother and father as she also have some other dispute with my friend's family about gossiping that is a case which is already being taken with legal action.

Advocate Srikaanth S Iyyer answered
The first step your friend should take is lodge an FIR for offences under IPC and Information Technology Act. The next step would be is to get an injunction order against this guy and whoever has threatened to circulate the video, from circulating the video.

Q: Breach of franchise agreement by a playschool chain by not honouring a

We had bought franchise of Footprints preschool and daycare in Lucknow..our agreement was on a monthly guarantee assurance.. when lockdown started company said no monthly guarantee in lieu of force majeure event ( act of God... Pandemic not stated in agreement) now the company has stated that they will not pay monthly guarantee even after lockdown is over as financial impact of covid will remain... We had planned our finances in such a way that working capital was being arranged by the guarantee money itself.. now we are on the verge of bankruptcy due to their decision

Advocate Srikaanth S Iyyer answered
A party to an agreement can elect not to perform its obligation only if the terms of the agreement gives an option to the parties to do so. Onerous conditions, such as financial impact/burden upon a party is not a valid reason to refrain from performing the obligation. Therefore, depending on the terms of the agreement, you can enforce your rights.

Q: Received legal notice from my previous organization for joining Client

I have received legal notice from my previous organization for joining client .I joined Client company after , client company broke their ties with my previous organization.But after working for 3 months i have received legal notice from them stating that i need to resign from my current company and pay a hefty sum of 2 crores .Need guidance and opinions.

Advocate Srikaanth S Iyyer answered
The genesis of the legal notice might be from the agreement between your previous employer and the client. The agreement might have non-solicitation clause which would be applicable upon the client (your current employer) or a non-compete clause which would be applicable upon you. The first step is to respond to the legal notice.