Recent Forum Messages ( Last 7 days )


Replied in :

Right to information application in gujarat state.

Posted by : Vipul   28 March 2017

Thank You sir.

VP


Replied in :

Right to information application in gujarat state.

Posted by : Vipul   28 March 2017

Thank you sir for clear answer.

VP


Replied in :

Partial disability & job loss for hotel & company

Posted by : Santu   28 March 2017

The case is very strong in all aspects and i have all the proofs and documents as below:
1) Invitation mail from company Bharti Axa to me and the participants for the Zonal Meet with Venue mentioned with the hotel name.
2) After the incident, we were taken to the nearest hospital Mercy Hospital, Park Street. The medical card issued by the hospital mentioning lift fall in hotel with details of injury diagnosed
3) Full medical and operations report of Fortis Hospital where i did my treatment and surgery. The total bill was 2.54Lacs, where i got 2Lacs from the company mediclaim and remaining was paid by credit card of the company's zonal head after i threatened them that i will not leave the hospital till. Ya bills are paid 100% by company or who so ever responsible
4) All post and press hospital treatment documents and reports
5) The mail trails which i have send my company HR & Zonal Head demanding 1.07Lacs of cash expenses which i have done during pre and post hospital along with all bills, and long mail followups started in Dec-2015 & finally got Rs.80000 in Feb-2016 against total bill of 1.07Lacs
6) The PIP letter that i first got in April-2016 & all my mail trails aganist that till June-2016
7) The PIP initiated in April-2016 was against the performance for Jan-Feb-Mar-April, which was later unofficially withdrawn with no actionables from the company side due to my mails
8) Further new PIP issued to me in July-2016 for performance of April-May-June'2016 with given timeframe for that is from July-Sug-Sept'2016
9) All my mail trails further against that PIP with indications of my injury and disability situations
10) I issued a notice to the company demanding damage compensation & mentioning the harrasement & consiparacy to throw me out of the job where i mentioned that i am ready to resign from the job if company pays be sufficient compensation
11) The company issued me a Notice asking clarification of why i am making such claims. That notice also i have where the company has clearly stated the incident details in the hotel mentioning the name of the hotel, event date, the money they paid me against the bills, and my performance related matters. THIS IS A STRONG DOCUMENT WHERE COMPANY ACCEPTED & MENTIONED THE DETAILS OF THE FULL INCIDENT.
12) I have replied to their Notice with Legal aspects & points mentioned.
13) The PIP issued in July expires after September-2016. On actuall books i have achieved also the target, but they triggered the point of a customer's cheque bounce which i have proof that the company officials has never informed me earlier & never reflected in the MIS of the company also. It only got reflected in 2nd week of Nov'16. Then i got a trail mail from the Finance & Operations team asking them why i was not informed of this cheque bounce of customer that happened in Aug'16. They accpeted their negligence & reverted back to me on writing also which also i have as a document. But our HR head & Zonal head didnt want to listen to this & asked me to resign on 21-Nov-2016. On 21-Nov-2016 evening they send me the Termination Letter. On 22-Nov-2016, i told HR to terminate me, now the game started as they want me to resign. I keep on sending mails to give clarifications & requested them to give a second thought with all logics possible, but they were adament & wanted me to resign repeatedly mentioning regarding the customer's cheque bounce as fradulent business. Keeping all legal aspects in mind, i told them to terminate & refused to resign. I got terminated as of 22-Nov-16.
14) Post my termination, the customer whose cheque was bounced is an HNI customer, and after he heared my incident immediately paid Rs.2.25Lacs+charges with direct transfer to company account on 23-Nov-16, and ALSO SEND ME THE RECEIPT COPY OF THE PAYMENT MADE - Which establishes that the reason the company HR & ZH raised during my termination proved false & shows their intentional action against me
15) I was termianted from service on 22-Nov-16 but got the full month's salary which is quite tricky as salary cycle deadline is 26th of every month & any employee leaving before that doesnt entitle to get the full salary for the month. Now, after 2 months, the HR send me a mail notice demanding recovery of Rs.34000 as i havent served the full month & left company before the salary cycle without notice (in our level the notice period is 30 days). I replied to them that i was terminated & not left the company on my will. Asked for a clarification for such demand notice & not got any reply yet from anyone.. almost 2 months over.

 


New Topic

Service bond

Posted by : malik basha shaik   28 March 2017

whether a service bond offerd from employee is valid one r not

Replied in :

Property law

Posted by : Adv Rit Arora   28 March 2017

Sir,

Your problem will not get solved at this forum. We can only guide. To keep it simple, if you dont have access to your land then you can get the way through the land blocking your way to the public road. Now you are saying it is not his land, nevertheless it is in his possession. Doesnt make any difference. to carve the way you will have to approach the Court. What you should do is now approach a local lawyer and apprise him regarding your problem. Repetitive queries on this forum wont bring results. Do not take advice from people who lack legal accumen and kindly not site their opinions here unnecessarily. As put by Mr. Kumar  you have earlier also posted the same problem. 

Regards,


New Topic

Correction in surname

Posted by : deloitte.1   28 March 2017

Hello Sir,

I have completed my 10th Class in the year 95-96 at Tenali (AP). Right now, I stay at Hyderabad.

I would like to correct my surname in the 10th class certificate. My certifcaite shows "THADIKONDA". However, the correct spelling is "TADIKONDA" . "H" has been added additionaly in my 10th certficate. Please suggest how should i make this change and whom all do i need to approcah along the approx timeline.

Regards,

Pavan 


Replied in :

How to find ethical good trustworthy lawyer and judge?

Posted by : G.L.N. Prasad   28 March 2017

 

How to find ethical good trustworthy lawyer and judge? Category - any/all  

Read more at: http://www.lawyersclubindia.com/forum/How-to-find-ethical-good-trustworthy-lawyer-and-judge--148297.asp

In the query good trust worthy was applicable to layer alone and there is no adjectives for Judge.

Unfortunately, these are not displayed on their faces and the diplomacy covers their actions/attitude.  It changes and takes different colors , one at a time and in a siuation and one can not identify and distinguish good from bad in Individuals.


Replied in :

Rs.500 & rs. 1000 scrapped

Posted by : G.L.N. Prasad   28 March 2017

It is left to the learned administrators in permitting such individual opinions on Govt and it's administration in open forum, which are not queries connected to the forum.  It is known to a common man that such decisions on monetary policy such as demonetization has to be taken at Apex level by experts from various fields and coordinated by RBI and finance ministry.  Those who heard PM  and  the opinion of experts and is not afflicted by miopia can foresee the future with more clarity .  When this is a bygone issue, provocations on a non present issue is not desirable.  This insult is not to PM of a democracy and targeted to a common man, monetary experts at apex level and entire administration.


Replied in :

Maternal grandparents taking child without father

Posted by : Helping Hand !   28 March 2017

Grandparents already took grandkid and now you file writ petition.  When it will come for hearing.  When they will pass order?

All that long affair.

You go and forcefully take back kid on your own. Matters of family should not go outside 4 walls.  Something is horribly wrong here.  Fix it without approaching court.  Court will simply give one order which will not be beneficial to anyone and you will have to go to court again and again as you wont be satisfied with court order.


Replied in :

Wife's harassing

Posted by : vamsi   28 March 2017

send a notice to your brothers wife on restitution of conjugal rights. it is a precautionery step then settle the matter accordingly.


Replied in :

Right to information application in gujarat state.

Posted by : G.L.N. Prasad   28 March 2017

1. Is it mandatory to sign the RTI application by applicant? If application is not signed, can it be considered a valid application?

An application through filed on line may not have such signature.  But a hard copy was received, PIO can not rremain quiet.  He has to write a letter to applicant to sign application and the period of 30 days counting commences from the date of actual receipt of application full in all respects.

 

 

2. Is the contact details ( like address, email, contact no. etc.) are mandatory in RTI application?

They are not mandatory.  As per Kolkata HC judgment even PB No. is sufficient.  The burden of proof of providing information to applicant as per stipulated period rests on PIO.  When information is the focus, applicant has to provide the particulars in his own interest.   In case of seeking informtion on sensitive matters, it is advisable to seek such information from a friend or relative residing in a different station and keep the identity a secret.  In one sentence as per Kolkata HC judgment, PB No. is sufficient.

 

3. With reference to 2. above , what if RTI applicant do not provide complete address / the applicant or his address is doubtful? Can information officer demand for the identity proof / address proof from the applicant?

The duty of PIO is to provide information as per his records within stipulated period, and sending the information to the given address.  He is not concerned with any other details of applicant.   This was never stated either in RTI Act or so far in any decisions/HC/SC judgments.  PIO has to act as to what was stated in RTI Act and as per rules and regulations framed by Public Authority.  He can not deduce, infer or assume some thing which is not stated in RTI Act.

 

4. If, the applicant demands some proof as information. The proof may have very wide defination. It may be considered as small 2-3 page proof or it may be considered as 300-400 page proof depending upon defination. What should information officer consider as proof?

PIO has to provide the information as it exists on record and in the form it is solicited by applicant.  If the applicant demands some proof of information, he has to file separate application for inspection of the relevant files.  What ever record is available for providing that information that record must be disclosed to applciant.  Volume of information is not material.  PIO can not cull out information, assume, deduce, infer or give opinion.  Information is that which is available as per records.

5. With reference to pt. 4 above, can information officer ask the applicant about exactly what kind of proof is demanded by the applicant?

There is only one stipulation to PIO in entire RTI Act that he has to either provide information or deny information stating such exemption in RTI Act with such justification for applying exemption within 30 days under RTI Act.

Applicant has to solicit the information as per RTI Act and can not question or interrogate PIO.   PIO can offer inspection to applicant of the relevant records basing on which the information was provided.  Once inspection is offered, it clears all doubts.  Applicant can even seek certified copies of such documents based on which PIO has provided information.

 


Replied in :

Divorced by memo of compromise / child custody

Posted by : Helping Hand !   28 March 2017

It is your child, go bring it back. Who is stopping you?  Be a man.  Dont be cry baby.  


Replied in :

hma24

Posted by : Helping Hand !   28 March 2017

Revision petition wont be of any use.  You will need to pay half amount of arrears for court to accept your revision petition.  again you will cry, I have 5k only.  So for you best option is...Raise loan. of 3k every month and pay to wife. if you were not govt servant there was another good option of not paying alimony to wife, but let it be.  That wont be of use to you.  Raise loan and pay wife or bring back wife. Your marriage is left only on a pc of paper.  Why pay so much for a pc of paper.  Let her come back and live with you.  You find peace elsewhere?


Replied in :

hma24

Posted by : Sachin   28 March 2017

Originally posted by : ramesh
i filed divorce on desertion and wife filed hma24, now coury has ordered 8k maintenance in hma24,which i m unable to pay,i m a govt employee, pls suggest wt to do further?
i can pay upto 5k only

 

You have following 3 options:

1. Pay the amount as ordered.

2. File revision in HC ( Means more litiagation expense and HC may also order you to pay atleast 50% of arrears before proceeding in your case)

3. Withdraw your divorce petition. (No harrasment, no unnecessary expense)


Replied in :

Maintenance

Posted by : A.V.Pattanashetti   28 March 2017

IN CASE OF CHAGE OF CIRCUMSTANCE WIFE CAN FILE FOR ENANCEMENT UNDER THE SAID PROVISION. ACCORDING TO ME IT JUST AND PROPER TO ONE TIME SETTELMENT 

 


Replied in :

Wife's harassing

Posted by : Raghav   28 March 2017

Ranga Lakshmi , you are telling me the implications but not what should we do to protect from false case. Can you share your Point of view?

New Topic

CHS share premium when transfer within family

Posted by : kedar   28 March 2017

I have since purchased our residential flat from my father through registered sale deed. wheather share premium is payable as per bye laws of chs because the same is exempted for transfer within family but specific sale deed is not mentioned therein.see foot note 38(e)(ix) model byelaws.

New Topic

hma24

Posted by : ramesh   28 March 2017

i filed divorce on desertion and wife filed hma24, now coury has ordered 8k maintenance in hma24,which i m unable to pay,i m a govt employee, pls suggest wt to do further? i can pay upto 5k only

Replied in :

Right to information application in gujarat state.

Posted by : Dr J C Vashista   28 March 2017

It is must.


Replied in :

Relinquishment deed validity on self acquired property

Posted by : Dr J C Vashista   28 March 2017

No need for relinquishment deed of your DIL for your self-acquired house property.

If you are willing to spend (invest) for stamp duty + registration charges prefer a Gift/Sale Deed registered for the share of your DIL.



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