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Queries Participated

Vivek Ghadi   27 October 2017 at 00:37

Land Purchase

Hi Experts, My father and uncle had purchase land in Dahisar with 25 tanents on land in 1980. They had prepared Sale deed. But that time they have not done registration. Because lack of knowledge. But on the property card My father and uncle have Thier name as imala malak (remark - H) with reference to Sale deed. In 1993 they gone for Extension agreement and conveyance deed. In the same year we put this papers for registration & stamp duty. But we have not paid full amount of registration fees. As DP road in going from our land. Somebody suggest do not paid full amount of registration fees that time. In 2012, we receive one letter from Registration department, old custom house,CST to pay the balance amount to complete the procedure. So as per that letter we paid the balance registration fees. And complete the registration procedure. We received Index 2 and certified copy of registered documents of land. But till date we have not received original papers from the department. The main owner (seller) has expired in 1994. Now his legal heirs have there name on 7/12. But they do not have there name on property card. The legal heirs of seller had done deal with one builder for land development in 2008. One of the tanant had done NA of one piece on land from our land in 2010. We had won the case against all the tanents ( the case was originally suit by seller in 1976). We received the decree to remove the tanant from land in 1983. But we have not use that decree to remove the tanant. My question? 1) Can we able to put our name on property card, 7/12 & 6/12. 2) Can we able to win the case against legal heirs for the agreement they had done with builder for development. 3) Can we able to remove the tanant on the basis of decree received in the year 1983. 4) Can we able to win case against the tanant who has done NA of small piece of land

Ritesh   26 October 2017 at 15:38

Accident case under section 279, 337 and 338

Hello People some suggestions needed.

Incident Happen on 16 December 2016 7 PM

My wife was coming back from Office in Noida and on a very busy street near metro hospital someone came in front of her car with bike and suddenly she had to apply brake from behind one rikshaw puller was coming and on that 4 people were sitting, since rikshaw didn't had power brake in process of saving himself from hitting into my car his Rikshaw overturned and hit my wife's car. One person sitting on the Rikshaw jumped and in the process of saving himself his right foot little finger got bruised, out of curiosity my wife got down from her car to check everyone was ok since she applied brakes suddenly. The person said just to check can she drop me to hospital and she agreed thinking she is helping someone.

Post reaching the hospital they started shouting on her telling hospital authorities that she has hit them since she was 6 months pregnant at that time and got afraid she called me.

I came to the location and said to the family I will pay their expenses as they have created a scene there. I paid the amount of 5000 of the hospital charges ( including x-ray, Doc fees and Kacha plaster as his ankle twisted) everything got finished there and came back home.

To my surprise i got a call from Police station on September 20, 2017 stating that a FIR has been logged against my wife on September 18, 2017 from Court and i need to report with my wife at police station. They told me the person to whom my wife helped has filed a FIR against her stating she has not given the expenditure of fractured leg and a whole false story was mentioned in FIR for which i have attached a copy too. luckily i had copy of all the expenses i paid on that day, Doctors Report and X- Ray report in which it is clearly mentioned no Fractured Leg.

Now Police says they are asking compensation and my point is why should i pay for a false FIR and to a person who is a imposter. I have also submitted a copy of all the expenses i paid on that day, Xray report and Doctor report for that day to the police people.

Please advise.


Aditya Dev   15 June 2017 at 12:08

Use of tm

i am a small llp partnership who engage in developing software for improving medical surgeries. My question is when can TM be used?

I have read online contradictory views that 'TM' can only be used once a person has applied for registration or when registration is pending. The other view is that TM can be used without applying for registration and there is no need to apply for registration to use TM.

Please help me.

Thanx in advance.

Amit   23 July 2014 at 20:23

Termination from mnc

Hi,

I have been asked last month-end to resign from services or I will be terminated.

I have sent resignation on e-mail. But my salary is on hold till today. MD is asking to return all company material for release of salary.

I am offering them material for last two weeks over phone as well as mails but nobody is taking material back or replying.

My salary & monthly marketing expenses are still on hold.

Till today I am also not given the reason for asking the resignation.

What should I do now?

Regards

PRADYUMNA KUMAR BIDYADHAR   15 February 2014 at 14:58

Esic coverage

I have three questions related to coverage of ESI:
1) We, being principal employer, are covered under ESI and in process of registration for our on roll employees. No. of contractors are working in our plant premises. The ESI Officer informed us the contractor should individually register as per ESIC Act where the strength of manpower is 20 or more. Some of the contractors are having contract labours less than 20, say 5 or 10. Now, what about the said contractors - whether they will be covered under EISC. If yes, what is the procedure.

2) If few of our on roll employees are posted at other location, which is not coming under ESIC coverage area, then whether the ESIC is applicable to the said employees. If yes, how they will get the benefit of the ESIC as they are posted at remote location in same state.

3) If one establishment (sister concern of our organisation with different name and registration as per MOA) is not covered under ESI because of coverage area as declared by ESIC, but some employees of the said establishment are working at our location (covered under ESI). What's about the said employees - will they be covered? If yes, under which organisation's ESI registration code as the former is not covered under ESIC.

leena Sharma   07 May 2012 at 13:55

Registration of ngo

wht is the process of registration of NGO in Delhi.

kishore   07 May 2012 at 10:55

Sale deed

is unregistered sale deed is valid....next if it is valid how many years it may be valid...in andhrapradesh...

raghavendra   11 August 2011 at 18:59

Gratuity

sir,
i was terminted from the service last 5 years ago and i claimed my gratutiy, employer said i will give you the gratuity as per basic salay and dearness allownces, but there according to me there is no basic and dearness and all

employer was giving only consolidated amount ,
now at the time of evidence employer bought salary slip which showing basic deaness allownces HRA and all by creating the documents
i objected to mark that xerox documents next date employer will produce the notarised ,
i have not signed any where in that salry slip ,
how extent this is acceptable that created documents

kRISHAN LAL   11 August 2011 at 11:48

Deed of relinquishment -mutation of property

Sir,

My mot 141 sq.yds.her purchaseda plot of land and constructed a holuse thereon in 1952. My father died in 1984 and my mother expired in 1999 intestate without leaving any will. We are five brothers and one sister. In he year 2001 we executed a deed of relinquishment in favour of one of our brother.

Sir my precise query is whether my brother on the basis of the deed of relinquishment which was registrered in the office of sub-registrar, Rohinmi, Delhi, can sell gthe property or is it necessary to first get the property mutated in his name in the sub-registrar's office. Whether Ded of relinquishment is asufficient document for selling the property

Kindly advise

Krishan Lal

shiksssssssss   16 June 2011 at 12:15

Contract Labour Act and ESIC Act

If a company is using services of contractual employees in all functions in various roles. Company has appointed employees on contractual basis and pays them consultancy fees for their services after deducting TDS.

Total no. of employees on contractual basis is 80. And 42 employees are receiving wages below Rs. 15000. The nature of work of employees is administrative, clerical, accounts, warehouses supervisor etc. and company is not deducting and contributing any PF and ESI for contractual employees even if the employees are covered under minimum limit of wages as per ESIC Act.

As per section 4 clause (a) of Labour Contract Act 1970 Contract is applicable to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour.

As per section 2 clause (i) "workman" means, any person employed, in or in connection with the work of any establishment to do any skilled, semi-skilled or un-skilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be express or implied but does not include any such person -

(A) who is employed mainly in a managerial or administrative capacity; or

(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature;

Please through light on the below points:

1) do all the contractual employees cover under the definition of "workmen" or don't cover due to sub clause (B) of clause (i) of section 2

2) Is company not liable to contribute ESIC contribution for employees whose wages are less than 15000 Pm, If all the employees are covered under group Medical insurance policy of company.
3) Please explain the procedure of taking exemption


Please suggest on the following points:

1) Is company liable to get register in Contract Labour Act?
2) Is company liable to deduct PF for contractual employees?
3) Is Company liable to contribute ESIC, even if