Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Queries Participated

Dipesh   07 November 2017 at 21:32

Misguided by HR-L&T Construction

Hello Sir, I am working in L&t construction in WET IC.I had a bond of 2,00,000 rs at the time of joining.I Had joined as a PGET in May'17 and after probation period of 11 months i am working as a Sr. Engineer. I gave my resignation on 17th August'17 as better career opportunities. i gave a notice period of 2 months. During the exit interview( 10 days before the initial last date) HR told me it has to be 3 months as per rules. he also told me that the bond amount will on pro-rata basis though it's not mentioned in the agreement. he asked me to stay for one more month and i agreed. He called in after 5-6 days and told me to give a request letter to reduce the bond amount through Project manager. Because of the Diwali Holidays and non-availability of Project manager on Project site it got delayed. I submitted the letter with the PM recommendation to reduce the bond amount to him. He assure that it will be done at the time of submitting the letter. They have Held my salary and it's more than 2 months. As only 1 week left of my last date i asked him to told me the amount so that i can arrange the same. He told me they have not accepted and i have to pay rs. 2,00,000 before the last date(16th Nov'17). Referring the other cases, they ask to pay on pro-rata basis though it's not mention in bond.If there any law to hold the salary in notice period.? please Guide if anything can be done to reduce the bond amount and get my pending salary.

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paresh zatakia   08 September 2015 at 15:33

Non payment of vat/tds by our sppler

MR.A BUYS GOODS FROM MR.B,WHO GIVES FULL INVOICE SHOWING VAT LEVIED,MR.A PAYS FOR BILL VALUE FULLY.

LATER MR.A RECEIVES NOTICE FROM VAT DEPARTMENT THAT MR.B HAS NOT PAID VAT,AS SUCH YOU HAVE TO PAY.(THIS IS THE PROVISION IN MAHARASHTRA).MR.B HAS REALLY NOT PAID VAT,BUT SWALLOED THE VAT MONEY.

SIMILAR SITUATION MAY ARISE IN INCOME TAC TDS.

IS THIS NOT A CLEAR CUT CASE OF CHEATING? CAN MR.A. FILE CRIMINAL CASE AGAINST MR.B?

CAN HE ALSO COMPAINT ECONOMIC OFFENCE WING OF POLICE DEPARTMENT?

KIND REGARDS
C.A.PARESH ZATAKIA
9833855518

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ravindra   06 August 2015 at 20:45

income tax credit demand form 26 A

Sir,I am working in transport co.The Co.has deducted the TDS from my salary for the assessment years 2013-14,2014-15.Co.has given me form 16 for the said years still i.t.is demanding TDS on their website. What to do kindly guide me.

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yasserkhan   13 July 2015 at 22:10

Defect in mobile

hello expert, i purchased a Smarat phone of micromax company about 4 month ago but now it have a problem automatically switched off and on..and even when i called to some one it off and on...please advice me if i go to consumer form to file a case or first i give a legal notice to company please reply as soon s possible.

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Hirak   13 July 2015 at 21:43

I want to know about divorce

Sir,
On 2014 I make a love marriage with full rituals & permission of Hindu family. Now I facing problem from my wife. She demand me costly gadgets, repeated vacation & I can't afford that. Now she demand to buy a high level touch screen smart phone as her both phone not working properly. Currently my business not going well & Can't afford that so I ask her to buy a new duel SIM phone but she denies. She facing very disturbing to cook diner only. My mother cooks lunch & other. She denies to maintain any basic hygiene during cooking & when my mother tell that he really argue with her with hard ward.
She continuously tells me & my mother as "Selfish, monkey, son of bitch" etc. I front of her father she tells us "Bogus family". Me & my mother both wash own cloth. She leave from home for hours without informing us repeatedly. Now She started to bitten me & throwing articles to me.
She repeatedly threaten us as her father works on Calcutta High court.

As my business not going well, I tried a job, I got one in another state but she reject to go with me.

I want divorce what can I do ?

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Ratnesh Vidyarthi   31 May 2015 at 23:52

How to call all witnesses mentioned in fir

Dear Sir,
I am helping to one of a village friend who is the Husband of this case,
For extracting money from Husband’s family a 498 A criminal case is lodge in Police Station in year 2006. The Case is under trail & examining to the witnesses.
In 2006, Investigating officer has lodge FIR and taken a written statement of SIX witnesses.
In that one is Husband’s relative. He is telling I have not given any statement in front of Police and he is ready to give the statement in favor of Husband family.
But the Wife, family does not want to call that one witness in court and in trail they appeal to court that we do not call him from my side.
What are the supporting Law and reference on which Husband’s family can call him ?
Expecting the favorable reply on it.
With Regards
Ratnesh V.

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Satish Kataria   30 May 2015 at 03:14

Section 354 - complainant trapped this time

Dear sir,

I am living with my family in delhi. few months back We made a police complaint against some of anti-social elements of the areas. FIR was registered and police took strict action against them. They all ran away.
but after few days of time, some of them came back and started to harass and threatening my family that we should take back all of the police cases otherwise we have to face something serious.
Even they are threatening us to trap my name in false criminal cases.
We immediately informed police in writing regarding this threat.

one lady (their relative) started to call me 2-3 times and ask me to meet her. I refused.

But suddenly , at the midnight around 2 pm, i got a call from police station.
they told me to come police station as one lady has filled sexual Assault case against me and she wants to meet me.
i did not take it seriously and refused to meet any lady.

but after 2 days, i got call from police station that one FIR has been registered against me under IPC 354.

I was shocked.but later on i came to know that this was the lady who is calling me to meet her.

I met IO.
He showed me some photos of the incident (which was false and i was not in any of the photo) and my visiting card.
He blamed me that i Assaulted to this woman with intent to outrage her modesty at the midnight. even false statement of two witness (Her neighbors) was also recorded against me.

I was trapped.

I appealed in the court for anticipatory bail which was granted on the basis of phone call recording of that lady when she was pressuring me to come her home & my previous letters to Police regarding trapping my name in false cases.

after few days, her false witness back out from their statement that their name was given forcefully and they are not ready to come in the court.

nothing was found against me in police investigation and we have sufficient grounds/proofs that this was a false case and i was victimized.

police filled charge-sheet because statement under sec-164 was recorded by this lady.

I was summoned to appear in the court now.

but suddenly, yesterday i got a call from this lady that she is willing to compromise and wants her case to back.


Now, I am confused what to do.
should i close the chapter and compromise with lady OR go forward to face the trial so that i can file defamation case later on.

pls guide

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Babu   29 May 2015 at 21:10

House lease

Hi Experts

I have taken a lease house for period of 2 years in Bangalore from 06 June 2013 and unfortunately being uncomfortable with landlord’s restrictions, I have proposed to vacate the property start of the 6 months itself. They have displayed the to-let board almost from 1.5 years back itself but till now lease is not terminated.

After asking numerous times all the time landlord was saying he has to get another party to refund my lease amount. I have given 3 months lease termination notification in last 9 months back itself but they have declined to acknowledge my notice.

Now the lease agreement will be ending on 06th June 15, but till now there is no communication from the landlord about lease end procedure. I have also served 30 days notice to vacate the premises via registered post. I have clearly mentioned in my notice that my 3.5 years kid joined to the school in the different locality of the city and I am no longer able to stay in the current house after 06th of June 2015. (As per agreement this date is lease end date). My kid has to start his school from 03/06/2015 onwards.

Still the landlord not acknowledged anything, when I approached them they are very irresponsible about it and all they saying is still someone has to occupy the property to release my deposit of 7.25 lakhs.

I have to repay my personal loans to the bank using this deposit and important fact that I have to move to different locality immediately due to my kid’s school. I need to end this lease on 06/06/2015 at any cost.

Landlord also stating that I have not paid 7 lakhs at one shot, I have paid everything using bank cheques and I have all legal proofs of payment.

Your prompt advise much appreciated in this matter as what next step I can do to vocate the place immediately and help my kid to not to suffer without school.

Kind regards
Babu


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Anonymous   29 May 2015 at 18:58

Information required for 138 NI act

I have few queries and will be highly appreciated if can get there answers.
I issued cheques and it's been bounced and I am not receiving summons for the same, on last hearing nbw was issued and on next date court asked to go for 82Cr.P.C. I am not living on the address mentioned in summons but my parents are, now my query is that what next will be done?
If I won't appear on next date even then what can be done next by court?
I read somewhere online tht after tht court can attach my property whether movable or immovable to recover the money but I do not have any property in my name so what will happen in that case?
I don't want to appear as amount is too big (1crore) and I don't have even 1%of that to give so kindly suggest me what next going to happen?
I want to know the next steps which will take place if I will keep missing the dates?
Thank you
Nirbhay Sharma

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ayrus   25 May 2015 at 23:28

2 original documents lost by bank

Hi,
Bank has taken 4 Original documents while sanctioning loan to me
· Sale Deed
· Agreement
· Agreement to sale
· Encumbrance Certificate.
Same is acknowledge by bank by providing list of documents twice held by bank.
Now after paying full loan amount they are saying they don't have Original documents for 'Agreement' and ' Agreement to sale' and when I requested them, they replied like this
"As explained, you have been demanding to return the two original documents alleged to have been deposited with the Bank i.e., Unregistered Agreement and Unregistered Agreement to sale. This is owing to the reason that the Bank had, due to inadvertent clerical error, acknowledged receipt of documents.

We humbly submit that the acknowledgement provided by the Bank on October 25, 2010 and July 28, 2011 were erroneous. To corroborate the said fact, we submit that the list of documents mentioned in the said letters bear a mention about two documents, which are in no manner connected to your property. For the sake of clarity, the copies of the said unregistered documents bear no mention in the list of documents provided by the Bank on the dates mentioned in our above stated acknowledgement letters. Hence, due to the said reason, the alleged originals of the said unregistered documents were never received by the Bank. Hence, the return of such non-existent documents is not feasible, and is beyond the control of Bank.

We have engaged with you extensively and have clarified the aforementioned position. We have also tendered an apology for the typo/clerical error. Further, as a matter of abundant caution, the Bank has also sought legal opinion on loss of the aforementioned two documents. Through the opinion received from our legal counsel, we have ascertained that the unregistered documents would have no bearing on the title of the property and does not in any way affect the title or valuation of the property.

We believe that the Bank has been extremely transparent in explaining its position to you. Given that the inadvertent typo/clerical error has no material impact to you or to the title or valuation of the property, "

What should I do? can I file a case against bank for not returning all original documents? I have proof when they asked for all originals and acknowledgement for list of original documents. But now they are saying it is unregistered and it will not impact on title or valuation of the property. But if they have taken the originals then they should return also else compensate if they have lost it. Can I ask for compensation? if they don't agree then can I file a case for not returning original documents?

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