Anonymous
11 January 2012 at 12:59
Dear Experts,
Needed clarifications on comments posted by some of the eminent experts in relation to an earlier query. The case refers to a pregnant employee who is seeking LWP from month 1 of pregnancy to month 8 and thereafter demands maternity benefits, i have the folowing details to submit
(a)Employee proceeded on LWP in Nov 2011 after producing a certificate of Pregnancy and related illness, issued at India
(b) travelled to Canada thereafter and has sent a certificate signed by some canadian Indian Doctor which declares the pregnancy to be high risk and asks her not to travel. High risk claim is based on the 2010 miscarriage
my questions are
(a) if miscarriage has taken place in 2010 then how was travel undertaken in Nov/Dec 2011. isnt the claim of high risk contradictory considering the travel undertaken?
(b) as per my understanding the MB act doesnt prohibit dismissal. it only says that if dismissed, the company is liable to pay benefits as applicable under the law. is my understanding correct?
(c) what if the company doesnt have any work for her now. cant we pay regular dismissal benefits and promise to pay maternity benefits and ask the employee to leave? mere pregnancy shall not be a job guarantee and the employer shall have the right to ask the employee to leave as per the terms and conditions of offer letter and the guidelines of MB act.
Please do not consider my queries as insensitive or anti employee. I am just trying to understand the laws better.
Please help with suggestions
regards,
Anonymous
10 January 2012 at 23:57
Dear Expart,
Without annexing the document contaning the arbitral clause, can an application U/S -8 OF THE SAID ACT be entertained by the Court. Pl provide me any judgement on this point of the APEX COURT.
swarup Roy
Advocate
Anonymous
10 January 2012 at 12:38
what is the procedure of termination of oral contract in Indian law?
can i find a collection of fake court cases in the category of civil and criminal.Is there any macanism in administration of justice to identify or trace such cases?
thanks and regards,
gopal dutt vyas
10 January 2012 at 08:28
in a civil suit one party produces a document in court.the opposite party challenges its genuineness and files a private complaint against I party. should civil suit be postponed till criminal case is decided ?
suresh phadkule
10 January 2012 at 01:23
As there is no age bar for entering into legal profession as an advocate, many people after retiring from govt. services or other services at the age of 58/60, on the basis of law degree with them, enter in legal profession as an advocate. How far this is desirable for them, for their prospective clients? Whether this will be a waste of time, energy and money for them and their clients? If to start practice should be their choice,should they start practice of law independently or first undergo juniorship with senior advocate? What would be best course for them?
Anonymous
09 January 2012 at 20:32
dear expert
there is father self acquired property and he has two son now he is giving his property two only his younger son and not giving any property to his elder son in this case can a elder son proceed against his father and his younger brother to whom his father is giving property. and let you know that which property his father is giving to his younger son in that property the elder is also living since long back so can elder brother take advantage of it
Sir,
how we find commentry of Cr.P.C.in ms word format or in pdf format
Anonymous
09 January 2012 at 19:28
Facts in short
pvt complaint by tourist operator to rto regarding pvt vehicles are using for lease basis on rent by one of the finanacial institution
rto has investigated the same and action is taken under section 66 and 192A of the m.v.act
now accused is saying its non maintanable as it is lease agreement with the bank as per section 51 of the act so fine shall be recover as per section 177
accused is a pvt compnay
financial institution aslo has a hypothecation on said Private vehicles .
now who is right with your expert comments
Litigation in consumer protection
I have taken finance on security of Satakhat etc. I have paid total finance including interest to financer. Since I am elligible to take my above security document, I have not been returnd. But instead of returning the documents, the financer approched Consumer Protection Forum with malafied intention to deprived my rights from the property which I have given for security. What to do...?
Thanks.