CHOOSE LEAVE AND LICENSE AGREEMENT OVER RENT AGREEEMENT ?

You should definitely choose Leave & License Agreement over Rent agreement as the former give several benefits to the Owner. L&L agreement is a owner friendly agreement we can say. 

Benefits of L&L Agreement over Rent Agreement:

1. Agreement is executed between Licensor and Licensee where Licensee give License to other party to use the premises for a specific period of time. In Rent agreement, we give ownership rights to Tenant to use the premises but in L&L we are only giving the License to use the premises thus, the ownership rights remains with owner only and owner can, at any time, take the possession back. 

2- Occupancy is thus issued based on leave and license and not based on the ownership. Such an arrangement encourages eviction and gives greater control to the landlord in general.

3- No transfer of property interests whereas in rent agreement or lease deed, interests or right in property is created which makes it difficult and complicated  process for the landlord to evict the tenants. 

3- Duration- Average is 11 months. It can be renewed further according to the parties but it gives major control in hands of Landlord. If Landlord does not wish to renew the same, he may terminate the agreement & ask the tenants to leave. 

4- Make it valid by simply printing adequate stamp paper, 2 Witnesses, Signatures & Notary. ( Registry if you are executing this agreement for more than 11 months.) 

ARE YOU A MSME & BUYER IS DELAYING THE PAYMENT FOR GOODS/ SERVICES ? HOW TO RECOVER DELAYED MONEY SPEEDILY?

 MSME ACT 2006 Deals with recovery of delayed payment to MSME There are separate tribunals called as "MSME Tribunal" where the judges help MSME's to recover the delayed payment.

Now instead of going for civil recovery suit, MSME can directly approach the tribunal for recovery of delayed payment.
S. 15 MSME ACT- Buyer shall make payment within 45 days from the date of acceptance.
S.16 - Buyer shall be liable to pay compound interest with monthly rests in case of failure to comply with the aforesaid provision. Interest Rate will be 3 times of the bank rate notified by the RBI.
S. 18- MSME may refer the case to Micro and Small Enterprises Facilitation Council/ Mediation/ Arbitration.

The complaint can be made online on www.samadhaan.msme.gov.in whereas the rest of the process will be in physical form once the complaint is accepted by tribunal.
You have to keep work orders/ Invoices/ Bills and other documents ready that may prove your claim e.g. mails, WhatsApp chats etc.

This is the speedy and easiest way for MSME to recover their outstanding money nowadays.

Thanks & Regards
Adv Kanika Bhardwaj
9582000415, New Delhi

Weather sexual relationship on false promise to marry amount to rape?

 As per law, if accused promised a girl to marry her and made sexual relations and later on denied marrying amounts to rape under section 376 IPC. Thus, yes it is a rape and same proceedings as of in a rape case will initiate on accused. There is immediate arrest in such cases after the FIR. 

When it is not rape? When can accused get bail from Court? (These points are based on SC Judgments)

If accused is able to prove that:

1. Girl already knew that accused will not marry her and still gives her consent. There was no promise to marry. 

2- Girl was already married & was in extra marital affair. Or girl was into several relationships.

3- Girl is blackmailing or trying to extort money. In this case, accused should immediately file a complaint & FIR for extortion. (Phone recordings, whatsapp chats, messages can be used as evidence.) 

4- Girl must prove that promise to marry was with bad intentions. If it is a genuine promise to marry and due to circumstances, accused is not able to marry her, then it will not amount to rape. It should be proved that there is "clear intention of not marrying."

5- Girl is indulged into illegal activities such as prostitution.

 

Kanika Bhardwaj

Advocate, New Delhi

9582000415

 

Section 9 of HMA 1955 to save the marriage.

Rights of employer/company against employees?

Rights of employer/company against employees?

1. Employer can ask for notice period-Incase notice period is not served by employee, employer can sue employee for recovery of salary of notice period.

2- Arbitration - Instead of going to civil court, employer can bound an employee via agreement for arbitration. It is not much expensive and also the procedure is speedy. Secondly, employer can choose the place of arbitration which can be the office itself. Also the employees will not be able to approach civil court directly. They will have to go through arbitration proceedings.

3- Criminal cases - In case of data theft, transferring confidential data cyber crime, breaching of agreement with criminal intent, any other mal practice,employer can directly dial 100 number and lodge a complaint then register FIR immediately. Immediate action can help employee being punished and employer can get a relief.

4- Absolute right to terminate with notice period-If notice period is served to employee on termination, employee cannot take any legal action against employer in future.

5- Damages & compensation - can ask for recovery of damages and compensation at any point of time during employment , after employment within 3 years.
https://www.linkedin.com/feed/update/urn:li:activity:6528931239695609856
Kanika Bhardwaj

Advocate, New Delhi

+91-9582000415

KANIKA BHARDWAJ ON DD NATIONAL LIVE.

Family Pressures and society killing dreams ??? Only two ways to get out of a trap. READ THIS OUT !

We know everything !! we know how thousand dreams are being killed and buried everyday in our society. We know how dreamers are forced or pressurized to do a job or some work that they don't want to. And of-course because of that they are stressed, depressed and wondering everyday that "what we are doing in life?" We find ourselves in a trap. In a trap of society, in a trap of parents, just feeling handicapped as we can do nothing about it.

Are we sure that we can do nothing about it ??  We can !

The only problem within people are that they are scared !! Scared to take a charge, scared to take their own stand, scared to fail, scared to face the society, scared to take responsibilities, scared for the future....scared and scared !! 

1.  BE FEARLESS

The first step towards our dream is that we have to be fearless.  Fearless from the society. You have to stop caring what society will say if you pursue your dreams. Remember its your dreams not theirs. It is you who have to walk the road alone. Your journey and your steps towards your goal !! Stop fearing about the future. Stop thinking negative. Stop worrying. Just trust yourself !! You have to trust that one day you will look back and say that " I have made it." And that will be the moment when the entire society who use to demotivate you will salute you and will bow down.  Prove people wrong. Show the that you were right and show them how it is done. But for that the first step is that you have to fearless. Be fearless and watch how things gets in place. 

2. TALK TO YOURSELF. 

This is one of the way to get out of this trap. Talk to yourself. It is very important. Think about your goals. Think about what exactly you want to become. Take advice from everyone, listen to suggestions of each and every person, but ultimately do what you think will be perfect. Because you know yourself better than anyone else in the world. 

About parents ?

Parents are god. We cannot hurt our parents. We respect them. 

But when we are sure that our passion is something else and not what they choose for us, we need to take a stand. Taking a stand does not mean fighting, abusing. NO !!

Taking a stand means to act mature and to make parents understand that what exactly you love to do. Talk to them. They love you. Tell them about your plans and how you will make your dreams will get you paid. Discuss with them about your future. I can bet they will understand you one day. 

One has to make a lot of sacrifices in order to achieve something. As we say no pain no gain. One can achieve something only if that dream is the priority. Only if he can sacrifice other things that come into the way of his dreams.

So you think !! what is your priority ??? If your dreams and goals are your priority, trust me you will achieve everything what you have panned of. You will do it.  But if you yourself have kept society at the priority then you cannot complain.  It all starts you !! No one can stop you, only you yourself can and that is exactly what you are doing. Stopping yourself :)

Break the chain right away !!  

I hope this article is of a little help. Because at the end only you can make miracle happen. Everything is a waste of time if you yourself don't have zeal and you yourself are lost. So find yourself and make the game on :)

THANK YOU

HAVE A SUPER AWESOME DAY