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Effective date of Agreement is 6 July 2018, Agreement was sent by post on 7 July 2018 bearing Signature on First party. Second party received the same on 12 July 2018. Signed it on 12 July 2018 & sent it back to them on 13 July. In that agreement 1. second party was supposed to give them list of schools (500 in number) by 4 July 2018. 2. On signing of agreement 20 % of final payable amount was to be given by First party to second party. point 1. First party gave only 495 names of school to first party. Point 2. Second party didn't paid the consideration. Latter they worked & gave the list of schools Now First party says Second party breach the contract My simple question is who breached the contract on first instance
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A. Kindly provide the documents and only then I can tell you.
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Sayaree  Ganguly
Sayaree Ganguly Exp: 2 Year(s) Hooghly
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
If a case adjudicate or pending in consumer court then op can refer me to arbitration as per agreement clause
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A. YES.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Hello Sir/Madam My name is Sanket. I searched for an online work at home job. On 15th June 2019 I received a call from a madam named keny roy. She asked me to do home based typing job. I accepted the offer in which she told me that i had to fill 1350forms in 10days. She told me to submit id proof. I gave my id details then she told me to download an agreement software in which an agreement was there then she said to do a signature in the software. On 17/6/19 she send me an id and password for the work. I completed the work by 22/6/19 and checked it thoroughly and as per the instructions but delay i have submitted the work by 26/6/19 due to my family problem. On 28/6/19 they generated a qc report saying your 500 forms are wrong out of 1350 which was impossible and then an advocate named awdesh singhania called me saying to pay rs.4700 penalty for utility and maintenance charges. I was scared how can I was arrenge those money I contact them to give me an extension they give me an dated 1 july 2019 . After then the on 29/6/19 the advocate associates send me an e-mail for depositing rs.4500 for cancellation of agreement but i didn't deposit it because my father is admitted immediately in hospital names YCM pune so i can't pay those money because my all money is goes to an fathers medicine. After that we have received a letter by mail on 30/6/19 by avocate Awdesh singhania dated 29/4/19, that i had to pay rs. 4700 (Utility and maintenance charges) + 3000 as legal charges within the 12pm and also pay RS.90000 for extension charge how can I pay those lot of Money And today 1/7/2019 i have received mail from advocate associate of above company that they have issued a case file for legal proceeding and arrest warrent and legal action against me if i don't pay those money within time. It is a well planned fraud sir. I am totally stressed and helpless. My father is in hospital and today he shifted from ICU to ward please help me I can't pay the amount as i belong to a poor family. Please help me sir/ ma'am. Kindly take strict action against the fraud. Company name-STM Pvt LTD Location-324, Galaxy imperia Warud road , aurangabad, maharashtra 431005 Advocate associate - Mob.-[protected] Email id-associateadvocate51@gmail.com Senior advocate- Awdesh singhania So can I give this money to fraud advocate?
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A. Immediately file a police complaint.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Parmeshwar Digambarrao Pawar
Parmeshwar Digambarrao Pawar Experience: 8 Year(s) Pune
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Stage 1----A SLP was filed . I was R1. Judges A and C adjudicate. Order was passed giving liberty to the Petitioner to file review in the HC. The reasoning given to permit the review was not genuine. I was not present to oppose. Judges did not interfere with the monitory benefits granted to me by HC. The other side files a review in HC and HC allows it reversing the reviewed order of HC deleting the monitory benefits granted to me. Stage 2----- I am now petitioner in my SLP challenging the HC order in review. Judge A and D dismisses my SLP taking a stand this time that i do not deserve any monitory benefits. I wanted to object to judge A appearing again but could not. Stage 3---Now i have filed a review . judge A will hear the case again. 1)Was it Ok for judge who passed a order allowing the other side to file a review to sit in appeal when i am challenging the order of same review ? 2)Can i file an application for recusal of the Judge A from my present review petition ?
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A. Dear Sir, It all depends upon discretionary powers of judges and rarely your resistance will be looked into.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Hi, We are very new and small company. I had a client to whom we have provided a manpower resource on a fixed monthly pay. Right from starting client has been taking us for granted and always delaying the payment. Client's attitude has been totally unprofessional during our engagement when it comes towards payment. This has severely impacted us we are not with deep pockets to pay resource salary without getting payment from client. This has seriously impacted our reputation in eyes of our employee. In March 2019, suddenly client came and started blaming us that our resource is not capable to handle the work given to him. When inquired, we came to know that client has given work to our employee on skills for which client has not hired our employee. When we discussed with client then he asked us to terminate the contract in march 2019. As per our initial agreement, client was supposed to give us a notice of 2 months for terminating the contract. However because of client's unprofessional attitude we had to terminate the contract as he was already holding our payment for two months. From last two months, we are chasing for our payment but client has refused to make the payment to us mentioning that our resource didn't completed the task given to him and hence he can't make the payment until and unless we as a company don't complete his work. We have been very clear with client that our responsibility was to provide a resource. Since he has already used the resource till March, so he need to release the payment for resource. There was no back to back understanding of delivering his tasks after terminating the resource contract. He has been totally unprofessional and always make us fall in his mesh before making the payment. But this time we don't want to act as he want. We want to be professional and want to teach our client a lesson that he can not take us for granted and want our full payment to be released asap. I am looking forward for a legal advice on how to go ahead to handle this scenario. Regards,
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A. Please check if there is any arbitration clause or not if there is an arbitration clause you need to proceed as per the arbitration clause. if so, you may need to give arbitration and start the arbitral proceedings against the parties who are in breach. For more advice please share the contract document. Please call me on my mobile or email me. Please request the administrators of this website for my contact detail.
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Kunwar  Chandresh
Kunwar Chandresh Exp: 14 Year(s) South Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
A Stay of any proceeding in relation to Arbitral Award having been ordered suo moto by CG High Court without there being any prayer or application for it, that too, in an otherwise infructuous and not maintainable CWP challenging arbitration while the Award has already been passed after due participation by the petitioner. What can be done for disposal of such over-pending application for vacation of proactive Stay whereas the CWP is itself infructuous ??
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A. If the matter is not being listed then, you can go for up gradation of that matter so that it comes to the listing. Thanks
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
My grivences no PMOPG/E/2018/0493675 is closed by vagues replies by AIr HQ IAF still pending My grivences no PMOPG/E/2019/0087779, authorities closing my case by giving vagues replies as per AFA and AFR mentioned in above grivences I must be allowed to rejoin in IAF ,due to lack of knowledge and misguided by AIr force authorities I was handed over the discharged book on 10 march 99. please help Thanks
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A. Sir such maters have special tribunals to take care of it. Your matter is a service related matter and shall come under the purview of the Armed Forces Tribunal. Please file a case in the AFT. Thanks
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Neeraj  Kumar
Neeraj Kumar Experience: 1 Year(s) Patna
Hi Sir, Last year in the month of August I have done a Work From Home Job from SO Services, but unfortunately they failed my Typing work. I already lost lot of money by paying for their Illegal and threatening mails and phone calls. After 3months they called me and they are threatening to pay money of 50,000 otherwise they will file case in Surat Arbitrary court. Due to my mental tension because of them I have paid again .. And Now again they are calling and threatening to pay the money I got messages from - like this - Contempt of arbitration is resembling to disrespecting and dishonoring orders of ministry of law and justice. Now, we as an arbitrary have initiate to take legal action against you by sending the legal notice via R.P.A.D. Soft copy email notice has been sent to your email ID. Please respect this notice and settle out the mediation And another message too- we will send you the notice Hard copy on your Residence Address. Do reply us within 2 days or call us on this number Sir, now what to do, I'm not lifting the calls from them..because their Number shows Advocates in Truecaller but it shows as spam.. Can you please know how can I slove this problem
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A. You have a strong case to recover amount pl give details dr vedula gopinath senior lawyer and arbitrator
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Dr Vedula  Gopinath
Dr Vedula Gopinath Exp: 31 Year(s) Visakhapatnam
Shanti Ranjan  Behera
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Abhimanyu  Shandilya
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
I was teaching and doing translation work for an organisation. In April, 2018 I was told that I would only be paid half the amount due for a document which I had translated from English to French. Since I was sure that this decision was not justified, I resigned from the translation service in protest and subsequently from my teaching position in the month of June 2018 since the same person was in charge of both teaching and translation and it would have been impossible to work under her. In my resignation letter, I accused my boss of harassment due to a series of contentious decisions by her previous to this decision. The Director of the organisation did not accept my resignation but I did not return there. In November 2018 the issue of the breach of contract in the translation of the document was resolved in my favour and my boss was ordered to pay me the balance of the amount due for the translated document. However, it would not be possible for me to work with this person anymore. I took up the matter with the Executive Committee of the Organization to press harassment charges against her but last week it said that it did not want to interfere in the personal conflict of the two parties. I expressed my disagreement since I felt that this was a clear case of harassment. Would it be possible to take legal action against my boss ?
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A. Dear madam, You have the right to lodge the complaint for any irregularity which is not a part of your contract. You can drag them to the Court of Law till they finally settle your claim which id legal and genuine. Shanti Ranjan Behera Advocate
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Shanti Ranjan  Behera
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
I was selected by a Pvt LTD company in Raipur in November,2011. I had to sign a bond for three years on 5.11.2011 as I was falsely told that it was mandatory for all employees. An offer letter was issued to me and I joined on 8.12.2012. The work culture and their illegal activities did not match with my ethics and I requested them to release me but they declined. After more than 2 months of my joining the office I was asked to accept an appointment letter dated 8.12.2012 which I refused to accept. The reason was that the Service Bond had no Arbitration Clause but in the appointment letter it was mentioned that "you have to sign a bond for a continuous service of 3 years". And in the appointment letter it was mention of that "any Dispute arising out of this agreement/appointment will be resolved by a sole arbitrator to be appointed by (the company). It was also mentioned in the last paragraph of the appointment letter - "If the terms and conditions are acceptable to you, you join on 8.12.2012". Due to their rough behaviour, I could not survive and left their job after informing them over phone which they have accepted in their subsquent correspondence. They went for a sole Arbitration. No notice was received by me as I was working out of station for which I have appointment letter of a very reputed company. Before all these happenings, I had informed them by an email that all my future correspondence should be made with my advocate. But no communication was made with. They have also fabricated many more false charges and had convinced the Sole Arbitrator to pass an ex Party award. My advocate received a copy of Arbitral Award along with a copy of of Execution suit while contesting a false 138 case in Raipur Court which they have produced as an evidence of a false loan allegedly taken by me against two cheques issued to them. In fact, I issued two cheques as a collateral security against a furniture loan of which a major portion was deducted from my salary. They had openly challenged me "Ham tumhe Varvaad Kar Denge" and exactly they are doing the same. Even there being no fault of mine, I have paid the cheque amount in the court 'without prejudice to my rights and contentions and to save myself from the harasment as I stay in Kolkata. There may be another 138 case for which I don't have information. The execution proceeding is pending in Raipur Court. To quash this award, I have to file a suit in Raipur Court itself due to jurisdictional issue. This means all together I will have to contest 4 suits in Raipur spending my life in and around court rooms and advocates' Chambers. Please suggest how to get rid of this type of rich people who has made judiciary a joke and taking pleasure out of the poor people like me. Please suggest and help.
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A. DEAR CLIENT, THE FACTS ARE NOT CLEAR. For details, pl.contact some advocate through vidhikarya.com.
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Rajender  Prasad
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