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Tauseef   22 October 2010 at 09:57

Filing a criminal suit against ex employee.

there was one Mr. Varghese working as a Manager – Projects with our company since last 4-5 years. He has recently resigned from the company just a month back.

After his resignation we have come to know about various discrepancies & misappropriations caused by the said person. Below are the few details.


• Varghese had close relations with our Labour contractor – M/s. Pawan Enterprises based in Bangalore..
• Pawan enterprises paid salary to employee @ 5500 – 6500 and claimed more than that from TUV (as per our contract Rs.8103 for Bnglr stationed inspectors) and his 12 % of service charges over and above the same. The salary used to be given to Varghese by Pawan for distribution to the inspectors.
• Pawan enterprises is deducting 25% as PF from employees
• Cash advances have been transferred from the personnel who have left TUV & now Varghese is claiming the same against expense sheets.
• Varghese has set up his own company in Bangalore by name Pioneer Inspection Services India Pvt. Ltd. Available copy of his visiting card with us . Also he has made 2 employees to resign from our end before his exit & joined them in his company.
• Any cash balance remaining with employee was asked to be given Varghese by himself. This he never returned back to the company.
• Pawan Enterprises has agreed in writing that he has paid @ Rs.1.50 L to Varghese for payment of Bonus to contracted employees working on TUV projects but the same has not been paid by Varghese & he has used this amount to pay the employees where he has taken away the project from us (Varroc , Duro-valves , Shakti)
• Varroc Engg and Durovalves customer has been already discontinued business with TUV and joined Varghese company. Both the customer has outstanding of INR 49.56 lacs.
• Varghese was spending the cost on tour from TUV for developing his own business for last nearly 3 months.
• Employee resigned but not relived by TUV, Such employees already working with Varghese company and getting salary from TUV.
• Varghese has submitted quite a few expense sheets to us prior to leaving. One of the expense sheets for preparing ID cards for our Fiat –Ranjangaon project is addressed to his own company Pioneer Inspection Services but his expense sheet he is claiming to us??
Now, We have to take a strong legal action against this person. Criminal action. WE WANT TO PUT HIM BEHIND THE BARS.
PLEASE SUGGEST YOUR VIEWS URGENTLY.
Awaiting your reply at earliest.


Nikhil   22 October 2010 at 01:01

Arms and ammunitions

Hello Sir,
I wanted to know if possesion of bullet proof/stab proof vests was legal in india. Also is it legal to carry expandable/non expandable batons and pepper sprays. Also do we need a gun license to carry stun guns.

Thanks and Regards
Nikhil K

B S Kainth   21 October 2010 at 21:46

Witness

Sir I would like to ask how much the statement as a witness of a Bad Character B.C is valauable in any matter of court .

ravi anu ramraika   21 October 2010 at 21:12

kya accused parivadi se cross kar sakta hai

sir. i am accused in 138 n.i.act, i want cross to parivadi, kya vakil ke hote hue bhi adalat mujhe cross karne degi

Anonymous   21 October 2010 at 20:45

Is the hobby of collecting empty cartridge shells unlawful?

Is the hobby of collecting empty cartridge shells of firearms unlawful? If it is unlawful, then unlawful under what law/sections of that law?

Anonymous   21 October 2010 at 13:52

498a closure

Experts, please provide step by step procedure to close 498a booked in may2010. Wife wants to reconcile.
How many days it would take to close?(approximately)

harish   21 October 2010 at 11:26

maintenance and child custody

Dear sir,
My wife has filed maintenance under sec-125 crpc for two child and her.During Pw-1 and DW-1 she has given false evidences. FIR copy(498,523,3/4,506)has submited as evidence. During Pw-1 she has also given statements that i had come to my sasural along with my brother on motorcycle.In FIR she has alleged with all wild allegations.which are all contradictory. I also collected many documents through RTI regarding medical report etc.
My query is that
1) can i file the counter case u/s- 340 with these evidences on 125 crpc ment. case in same court or separately.
2). ADJ court has offered 5 lakh Rs . but she is not ready. she wants monthly manntinence as she is thinking my saliry is 40,000 rs per month,goverment job so i will get 10.000 per month.
3). now i want to file counter case pl. suggest me all counter case which is applicable in the mentinance.
4)she is MA. and well educated.she is living along with her parents they are also getting 40,000/rs from govt. job.
5)if there is any citation or suprim court rulings pl. provide
6)if there is any citation or suprim court rulings in child custody case(Guardianship and ward) pl. provide
Thanking u sir for valuable suggestions.......

harish   21 October 2010 at 11:21

regarding maintenance

Dear sir,
My wife has filed maintenance under sec-125 crpc for two child and her.During Pw-1 and DW-1 she has given false evidences. FIR copy(498,523,3/4,506)has submited as evidence. During Pw-1 she has also given statements that i had come to my sasural along with my brother on motorcycle.In FIR she has alleged with all wild allegations.which are all contradictory. I also collected many documents through RTI regarding medical report etc.
My query is that
1) can i file the counter case u/s- 340 with these evidences on 125 crpc ment. case in same court or separately.
2). ADJ court has offered 5 lakh Rs . but she is not ready. she wants monthly manntinence as she is thinking my saliry is 40,000 rs per month,goverment job so i will get 10.000 per month.
3). now i want to file counter case pl. suggest me all counter case which is applicable in the mentinance.
4)she is MA. and well educated.she is living along with her parents they are also getting 40,000/rs from govt. job.

Thanking u sir for valuable suggestions.......

Deekshitulu.V.S.R   21 October 2010 at 09:16

Compounding of offences

My querry is regarding compounding of offences.

Till 1-1-2010 Sec. 354 IPC is compoundable with permission of court. By virtue of the latest amending act, it was now made non-compoundable. In one cae the accused was tried and convicted for the offence under Sec. 354 IPC in the year 2009. The offence is in the year 2007.

Can he now compound the offence?, If so what is the procedudre and provision. Sionce the date of compounding is after commencement of the amending ACt. Any expert with case law

Anonymous   21 October 2010 at 00:39

whether sanction required incase the case was registered while in service and subseqently retired?

A case of disproportionate of assets booked against me while I was in service subsequently I retired from service.The govt decided to conduct departmental enquiry instead of prosecution.However the ACB filed charge sheet stating that no sanction order is required in respect of retired employees. The Delhi HC gave judge ment in C.P.Verme v/s CBI the court held that sanction order required even after retirement also and quashed the cgarge sheet of CBI.The circumstances of that case is similar to me,i.e case was booked while in service and retired later.Please advice.