Anonymous
26 September 2018 at 15:58
Hi All
Following is the sample case:
1. Employer terminates employee by giving one month pay in lieu of notice.
2. Employee does not sign the declaration as per company policy as he does not agree with the final amount
3. Employee does not collect payment in spite of repeat reminders for almost a year on the premise that he has a dispute as to the payment amount and that signing the declaration will curtail him from pursuing the case legally
4. Almost a year later the employee files criminal case against senior staff and company
5. Employee demands three times the amount entitled verbally to withdraw case wherein he alleges wrongful termination and criminal intimidation
6. Employer is feeling harassed as the employee does not accept money and he is making frivolous charges making all sorts of allegation: wrongful termination, cheating, criminal intimidation.
The employee is hell bent in extorting money and will not stop filing cases. The employer losing money on unnecessary litigation and is mentally harassed as there is no reason why excess payment needs to be done.
The employee has verbally requested for almost three times the money he was entitled to in case the criminal case needs be dropped. There is no proof of this verbal discussion. The employer is not willing to give more than what is due. Under what sections is there a possibility of the employer suing the employee for criminal intimidation, extortion and harassment.
Anonymous
26 September 2018 at 15:14
Hi there!
In case an employee whose services have been terminated refuses to sign the declaration of receipt of final settlement as per policy and accept full and final settlement amount and then later on starts filing criminal charges against company officials to extort three times the money he was legally entitled to get and makes false allegations. Can the employer sue the employee for criminal intimidation and extortion
Nitin Agrawal
24 September 2018 at 14:58
My sister a resident of Rourkela (orissa) widow for 14 years stays with her Mother in law and 2 children. The only brother in law who is working in USA visited recently and asked to sign some legal documents related to the property which my sister could not understand. As my sister denied to sign the legal documents without proper understanding and consultation the brother in law got furious and manhandled her by compressing her throat and trying to kill her by opening the LPG knob. Somehow she managed to escape. An FIR was filed with the police station the in-laws using there influence diluted the case and the brother in law went to the USA. I wish to know what action can we take and If we inform the American Consulate and the company he works in will there be any action on their end.
Anonymous
24 September 2018 at 14:39
If the Secretary of cooperatives housing socity get the all branches of tree second time in last fee years without obtaining a necessary permission from any government department,is this act of Secretary is illegal ?, under which law?,what is the maximum penalty?
2) The branches was having Nest of Pigeons and sparrow were cut.
3) who will file the case?
4) on proving the photographs will The Govt. Departments will take this issue as suo moto
5) what are the information/ documents are required to be submitted by complainant
6) any witness are required?
Please guid at the earliest
JN Madalani
M-9924242226
vivek
24 September 2018 at 09:23
I pauchased a land with a broker by making an agreement on 1000 rs stamp in rs 43.5 lac. During registry process he ask me extra money 1.5 lac by saying that he will return the money by receiving on a 50 rs blank stamp paper. Now after registry is done and position also established on the land i
ask the broker to return the extra money, but he is refusig to do so. Please provide me the way to recover the money.
Umesh Pandurang Jadhav
24 September 2018 at 08:39
I filed petition under section 12-1-A(impotency of wife )of HMA1955,In month of 20/04/2014.
On 13/11/2014 my wife declared unmarried status on general affidavit in public .......this false affidavit i submit
to court.. on 20/5/2015 she submitted W.S to family ,and denied all me allegation of petition...
I filled IPC 420 & 406 in criminal
court (under reason that being married she declared unmarried in public and on otherside she sbumitt w.s against me in court
with all false allegation ) Its totally cheating and breach of trust of me ....
In addition I filled RP act 125A & IPC 181 in her hometown court - becase she declared unmarried,no property in affidavit
form no 26. (though she is being married) ,,,so she has to prove unmarried status in homwtown court.
(even SC court jugment is typograpic error not accpeted on afffidavit form no 26. it will be as a false
declaration which is offence .)
Family court put exibit no on all documents (My Petition and affidavit ,Her W.S, Her public issued false affidavit too)
Family court took lots of time and judge pass no cross order in favour of husband .... she didnt file affidavit
,and accepted guilty,agreed that she is impotent in front of judge without cross examination...
Even she accepted all my allegations ....
now i want to know that:-
NOW Which criminal cases I can launch againt her ???
Please mention the IPC
In Need of Help
24 September 2018 at 04:45
This message has been deleted.
Please excuse.
Thank you
Regards
manoj kumar
24 September 2018 at 04:43
In the year 2015 i took a friendly loan from one of my friend of amount 4 lakh 80 thounsand by cheque,slowly i was repaying him and paid him 1 lakh 90 thousand by bank transfer till december 2016.But his behaviour started changing and he started asking for more amount like 15 lakhs as interest of loan and he started scaring me on phone and wats app and coming to my place.But i was rigid at my words and finally he gave up and we made a notary contract in april 2018 in which he accepted that he gave me 4 lakh 80 thousand and 1 lakh 90 thousand is received by him from me and for the rest amount of 2 lakh 90 thousand i issued him 2 cheques of 2 lakh 10 thousand and 80 thousand dated 03 may 2018 and 15 oct 2018 respectively.he said he need some money early for his some urgent work so i started paying him from 16th april itself even before the cheque date by online bank transfer till 4 jun i paid him 1 lakh 46 thousand and suddenly he again started asking more amount then what was decided in the agreement so i stop paying him and did the stop payment of 2 lakh 10 thousand cheque as i have already paid him almost 70 % of the amount of the cheque to him by bank transfer.
In july mid he deposited my cheque which was returned to him with remark stop payment done by payee.he started telling me tht i will take u to the court and sent me a notice of demand of money in 15 days which was received by me on 14th aug 2018 but in his notice his lawyer didn't mentioned anything that his client has already received 1 lakh 46 thousand by me through bank transfer and only 64 thousand is remaining to pay,they have stated in the notice to pay whole 2 lakh 10 thousand in 15 days or else they will initiate 138 ni act case against me.
i went to my lawyer and explained all the situation to him and he replied to the notice stating tht 1 lakh 46 thousand is already paid by my client and only 64 thousand remaining to pay by my client and my client is willing to pay the rest amount only if your client ready to return the cheque.After he received my notice i did phone to him and asked him what should be done further and he started blackmailing me tht instead of remaining 64 thousand he need 80 thousand and he also want the money of pdc cheque of 15th oct 2018 paid to him immediately or else he will file a police complaint against me of 420 case.
1)i want to know can police file his FIR ithout even knowing my side directly?
2)In 420 case summon is issued from court to be present there or police send the notice to be present in police station?
3)can they arrest me directly if i go to police station?
4)what defence should i present infront of police so tht police dismiss the case or reject they FIR.complaint as this is surely no case of 420 as i have read tht one have to show tht the intention of payer was of fraud and to cheat will issuing the cheque whereas i have even started paying him cheque amount before the cheque date.
5)can police harrass me ? what can be done in such situation?
6)what if any settlement happened in between me and my opponent?can police dismiss the complaint or FIR?
7)Can i also file a police complaint against my opponent of harassment and blackmailing against my cheque?
8) Can 420 case effect my verification process in getting passport?
i know its a very big post but stating the facts was very necessary to talk about my case.i request experts to pls advice on urgent basis....
satkaran singh solanki
23 September 2018 at 14:46
I attended my court date at a town R. Respondent was absent. After doing work in court, I was sitting with advocate in advocate room. I noticed brother of respondent gazing me and talking on phone. After a while he was joined by his friend. I took leave from advocate and started for return journey. I was using taxi car. In the way I noticed, he was chasing our car. As we turned on a usual link road, he crossed our car and came ahead of us. There exists a Bike shop of his another brother on this link road. I suspected some thing wrong and stopped car, My driver turned back. We then changed our route and reached the main road towards my city. There again he and his friends were standing near a shop on main crossing and gazing our car. Should I report this to police.
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Sec 138
I am complainant in my case.. I am distributor for led lights. I had done a distributor agreement with a party. I had taken 3 blank cheques @agrreement for credit sale.and also taken bg from bank for the same.
After few months dispute with us for margin n days of credit . On that day outstanding towards them was 12 lakhs dated 30.9.2017.
But in August 2017 he send me notice that he had done stop payment to all cheques and no dues with us .
I showed to my lawyer that notice he advised me to encash bg as soon as . I did the same. For rs.4 lakhs .Dates 20.8.2017
In between that the party returned stock of 3 lakhs to me also. Dated 19.8.2017
My lawyer directed to fill a cheque with date 16.8.2017 as I received stop payment notice for 17.8.2017 . He filled the amount 6 lakhs and put the cheque for clearing on 22 .8.2017
.. actually total due when dispute stars was 12 lakhs ..
I had received bank guarantee payment and stock after cheque date and before cheque bounce
My lawyer send notice .. and not mentioned the facts of the receved stock and bg payment
In court complaint also he did not mention. Now the opponent taking stand that cheque was given as security and was blank.. he also saying that after cheque date payment done to me..
I did mistake in writing date on cheque . Can judge consider this as mistake or consider as suppression of facts