Mr. Gabriel and Mr. Murali has given valuable advice.Kindly follow it.

If the employee obtained permission/NOC from previous employer the terminal benefits should not get forfeited.

If the current PSU has the provision of accepting proportionate gratuity then it shall.

However the GOI establishment rules have to be referred to. Are these rules available? If it deems the case as having retired then continous service of 5 years is not rendered.

Is the establishment maintaining studied silence? Is it not replying to RTI applications also. Some senior person in HR, personnel, admin, accounts may be able to help.

Another option is to rake up the isue with Controlling authority of gratuity.

Dear Sir please advise

1)  Are there any such laws that i will have to give an expenses to my wife to fight the devorce case,which i shall filed against her on the ground of crulity ?.I have allready filed 325 case against her family members.

2) If there are such laws how & on which ground i can protest her demand?

3) My wife is 6 month pregnant at this moment what can be the possible result of this case ?

Dear

All Experts

I kaushal arora purchased a land from Indian Overseas Bank  under sarfaesi Act & later on sale Deed, & Registration formality with registrar is completed. I had also covered the land by Boundary wall & locked it with my possession. But at the time of name transfer formality, at tehsildar court, the borrower objected that ….1-stamp duty is charged only on the sale value & it should be charged on the govt ceiling value (Market value). 2. As the land is diverted land, permission from collector is not taken. Both the objection were overruled by the tehsildar as these were under the scope of sarfesei act. Finally Name was transferred as per procedure.

Now the borrower again appealed in the court of Sub Divisional Magistrate & SDM granted stay, saying not to utilize the property & to maintain the status of land as it is,till the decision is in process under this court .

Now this proceeding may take 6-12 months time. As the borrowers intention is to harass me & he also knows that he is complaining baseless. If his appeal shall be rejected in this court, he shall again appeal in Additional collector office, then revenue court, then Civil Court, & so on…..!

My question is this that what is the end point? I purchased this property at the age of 53 to construct my house, & if such kind of harassment from law & the borrower both, continues, then when I shall be able to make my house?

Although it is clearly mentioned, in Saerfaesi act S.No. 34 that no civil court has jurisdiction to entertain any suit or proceeding in respect of DRT matters & no injunction shall be granted but One more problem is here with me, is that at our town no Judge knows about the Saerfaesi act, & when our lawyer shows them the ruling, he takes a lot of time to study it.

I request to all of you experts to please look in to the matter & please advise if there any rule or court can relieve me. Can I get relief in this matter of intentional harassment & appeal in any court against STAY, which is being frequently imposed by all the courts? Or any other solution of my problem ?

Please advise.

Thanks for your reply, request to let me know under what section can the argument be put forward to squash the case.

Thanks and Regards.

You are the absolute owner - any condition restraining your power of alienating the property - is void to that extent and is of no effect. Deal with the property as you like

Payment of Gratuity Act, 1972

Section: 2A

Continuous service.

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) two hundred and forty days, in any other case;

If you have rendered unintrupted service as defined in Sec.2A you are eligible.

The Supreme Court Monday slammed the tendency of government departments to seeks its decision before acting when confronted with a contentious situation.

“Everyone wants the decision of the court be it army, minister of defence or the home ministry. They want the stamp of this court,” said a bench of Justice B.S.Chauhan and Justice Swatanter Kumar.

The court’s reaction came when Additional Solicitor General P.P.Malhotra asked it to grant time to the government to decide on the pleas seeking sanction to proceed against defence personnel, accused of criminal action committed purportedly in discharge of their duties in disturbed areas falling under Armed Forces Special Power Act.

“Why don’t you decide and take a call,” Justice Kumar told Malhotra in the course of the hearing of plea by the army contending that no proceedings either under court martial or before the regular criminal courts could take place without prior sanction of the government.

Senior counsel M.S.Ganesh told the court that as consequence of the proceedings before the court, 40 matters are pending decision before the government. He said that since the early 1990s, the government had till date taken no decision in any such case involving army personnel.

Appeared for the kin of one of the Pathribal victims — the five people allegedly killed by army in the village of Kashmir’s Anantnag district five days after the killing of 34 Sikhs in Chattisinghpora by militants March 25, 2000, Ganesh assailed the “common view” of the defence ministry and the home ministry.

“It is a clear attempt by two ministries of the central government to overawe the CBI (Central Bureau of Investigation) and thwart the CBI from ensuring that law takes its course,” said Ganesh, who appeared for mother and uncle of Zahoor Ahmed Dalal.

In another case involving the killing of five United Liberation Front of Asom (ULFA) activists in Assam in 1994, the CBI told the apex court that no sanction of the government was required for initiating court martial proceedings against army personnel accused of criminality in the area falling under the Armed Forces Special Power Act.

“They (army) are bound to hold court martial without sanction,” Additional Solicitor General Harin Rawal told the bench of Justice Chauhan and Justice Kumar.

Rawal who appeared for the CBI is seeking action against army personnel allegedly involved in the killing of five ULFA activists in 1994.

The matter would come up for hearing on April 13.

sir,

i have joined a company.

it is giving a vey less pay. i have joined 3 days back. now i got a good pay in another company.

there is a training period of 2 mnths

i have not undergone any training period till now. but i have signed a bond of 2 years.

now i want to break it

do i have any way to break it. i cant afford the money for bond breaking.

plz do help me in this matter

The original terms & conditions of your appointment letter mention your entitlement to Superannuation scheme. Employers claim tax rebate on such contributions.

As far as it is understood, no recovery can be made from such pension schemes. The employee has all the rights on it and is entitled to get the benefits.This is different from Gratuity.

Usually companies do not extend the Superannuation benefits to all employees- but only to a specific category of employees.

Under Employees’ Provident Funds and Miscellaneous Provisions Act 1952, the two main schemes, Employees’ Provident Fund and Employees Pension Scheme are mandatory. The group superannuation schemes are voluntary in nature. Typically Employers either set up trust funds to manage these schemes or buy policies from insurance firms.

Superannuation Fund is a retirement benefit given to employees by the Company. The superannuation fund is an arrangement by the employer to pay the employee an amount at the time of his leaving the organization after attaining the age of superannuation as provided in the standing orders of the organization.

The duration of service for entitlement of superannuation depends upon the Rules and Regulation of the employer.

So check the standing orders of the company, at the time of your joining and any modifications if applied. Standing orders of the company are available with concerned personnel of HR, and may be kept at HR page of employee portal, and are to be displayed at the entrance. Similarly rules of the scheme previous and modified can be obtained from HR. You may persist to get a printed copy.

The company usually pays 15-27% of basic wages as superannuation contribution. There is no contribution from employee. This contribution is invested by the Fund in various securities as per investment pattern prescribed. Interest on contributions is credited to the members account. Normally the rate of interest is equivalent to the PF interest rate. On attaining the retirement age, the member is eligible to take 25% of the balance available in his/her account as a tax free benefit. Some companies may allow up to 33%. The balance 75% is put in an annuity fund, and the agency (e.g. LIC) will pay the member a monthly/quarterly/periodic annuity returns depending on the option exercised by the member.

It is felt that LIC decides rates based on not just the superannuation fund value i.e. the amount paid to them for maintaining the superannuation fund of the company. If gratuity fund is also maintained with LIC then the gratuity fund value and superannuation fund value are combined to provide the interest rate on the fund. There are different slabs for different fund sizes and may vary every year.

This payment received regularly is taxable. In the case of resignation of the employee, the employee has the option to transfer his amount to the new employer. If the new employer does not have a Superannuation scheme, then the employee can withdraw the amount in the account, subject to deduction of tax and approval of IT department, or retain the amount in the Fund, till the superannuation age.

Kindly look into the attachments.

My father bought for me a residential plot ,in year 1998. At that time he also made me to sign on a Rupees five (5/-) Stamp Paper, That I cannot sell the Plot.

But the Plot in Only on My Names, It’s been allotted to me by urban improvement trust, amount of the plot was paid by my father.

Please let me know the worth of this agreement of rupees five stamp Paper, WHERE THE PLOT IS SOLELY ON MY NAME AND I WAS ADULT AT THAT TIME.

I Have Register lease deed On My Name.

Thank You

Thanks a lot for your prompt and  informative reply Mr. Chugh. Much appreciated...

Regards

If all understand that we cannot become

Great by mere wish, that he only rises

whom He raises, and he falls whom He

brings down, then all trouble is at end.

But there is that egotism – hollow in

itself, and without the power to move

a finger; how ludicrous of it to say,

“I won’t let anyone rise!”

(Swami Vivekananda)

Please accept heartiest congrats,  Ld. Prabhakar Singhji.

A constitution bench of the Supreme Court is in the midst of an important and interesting debate over how to balance rights of the accused and press freedom to ensure fair trial is not a casualty. Rightly, it has been voicing concern about intrusive or excessive media reporting of trial proceedings, which sometimes vilified an accused or endangered witness security.

If an accused had a genuine apprehension of breach of his right to life which involves his dignity and reputation because of media glare and sought protection by a preventive judicial order, what should the constitutional courts do?

Can the court not order temporary postponement of reporting to prevent pernicious effect on a precious right? Should it ask the accused to wait until his right was violated and then seek damages through a suit? These are the questions the SC wants the constitutional experts to deliberate upon and come up with some practical solution to strike a balance between the right of the accused and the press freedom. In situations born out of serious infraction of fundamental rights, the courts have an unquestionable mandate to protect the citizen's rights, even prisoners. In Sunil Batra vs. Delhi Administration [1980 SCC (3) 483], the SC had said: "Where injustice, verging on inhumanity, emerges from hacking human rights guaranteed in Part III (of the Constitution) and the victim beseeches the court to intervene and relieve, the court will be a functional futility if it does not go into action until the wrong is righted. The court is not a distant abstraction omnipotent in the books but an activist institution which is cynosure of public hope. The court can issue writs to meet the new challenges."

The reason behind the guidelines for protection of the prisoner's right in the Sunil Batra case is evident from the critical words - injustice, inhumanity, hacking of human rights contrasted with public hope and new challenges. But, guidelines for reporting criminal case proceedings have an important flip-side and the Supreme Court must bear in mind the constant attempt by some rich, powerful, influential and famous accused to scuttle the trial through methods, both legit and illegal. Let us take an example. The court orders temporary suspension of reporting on the plea of an accused. During this period, the accused colludes with prosecution to get certain crucial charges dropped. What should a reporter do - report it any way keeping in mind public interest or honour the court's temporary gag order passed in consonance with the Supreme Court laid down guidelines?

It has happened in a hit-an-run case. A sting operation by a TV channel saved the trial. When poor suffer at the hands of rich and powerful or die under their car wheels, money plays an overbearing role in silencing the gut-wrenching animated sobs of the victim's kin. The cars turn into trucks in their testimonies, reporting of which would surely be objected to by both the accused and witnesses.

The accused would not like the smokescreen created with money power to be pulled down. The relatives would like to secure their future after the death of their breadwinner. Punishing the rich and telling the truth would not really help the kin in life. What does a reporter do - report it any way or just look the other way?

True, it is difficult to strike a balance between the rights of an accused against the press freedom, which involves public's right to know.

The Punjab and Haryana High Court had dealt with a similar situation in a case relating to huge cash-for-job scam in state Public Service Commission relating to recruitment of Class-I and II officers, few of whom were allegedly kin of Judges.

Aggrieved by incessant reporting of the scam, then PPSC chief and main accused Ravinderpal Singh Sidhu moved the HC. A gag order was passed by Justice K S Garewal on May 3, 2002. He ordered: "It is in the interest of fair and impartial investigation, besides trial, that the respondents (newspapers) are completely prohibited from disclosing the contents of the statements of the witnesses recorded under Section 161 of the Code of Criminal Procedure or the contents of the statements and confessions, if any, recorded under Section 172 of the Code".

On an appeal, a bench of Justices G S Singhvi (now a Supreme Court Judge) and Bakhshish Kaur on May 31, 2002, said, "There was no valid reason for imposing any restriction, much less a ban, on publication of news items and reports on the progress of investigation being conducted by various agencies of the Punjab government into what is being described as PPSC recruitment scam."

Importantly, the bench said: "The reports appearing in the press and the electronic media about a case involving PPSC chairman Ravinderpal Singh Sidhu, suggesting that he had amassed wealth running into crores of rupees by corrupt means and polluting the progress of selection leading to the recruitment of various persons to Class I and II services in the state of Punjab, do not in any manner violate his fundamental right to free and fair trial under Article 21 of the Constitution of India".

Though this is an old thread but still has nanswered questions raised by Rajib Dey.

Can any expert answer this? It may help layman like me.

Regsrds,

Heartbroken

As per Islamic/Shariat Law - the mother is entitled to Hizanat(Custody) of the children in Sunnis Male Child upto 7 years and in Shias upto 2 years, after which father has a right. In all probability to blackmail they might seek custody of child under Guardians and Wards Act, you can oust her claim by pleading that her custody is not conducive to the overall welfare of the children. 

Bhau Ram Shankar Lokhande v. State 1965 SC

For an offence under Section 494 both the marriages must be legal and valid. Unless these ingredients of Section 494 are satisfied, the accused cannot be punished for an offence of bigamy under the same. If the said section requires a strict proof of the validity of the second marriage, it is not understandable why such a strict proof is not required for the first marriage also. It would, therefore, follow that if for the proof of the second marriage, it is necessary for the complainant to prove all the essential requirements of a legal and valid marriage, then by the same standard and by the same reasoning it is necessary for him to prove as a fact all the essential requirements to show that the first marriage was also performed validly.

 

Presiding officer of the any court is  not bound to pronounce judgment on  same day so u have to wait for order patiently.

Question is getting certificate

Apply to them

If they dont give

File an FIR stating the facts , get a copy , go to Police station alongwith some expereinced and aged person who will simply tell Police that you file an FIR with criminal content

get a copy and wait