Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Queries Participated

Legal_Query   02 March 2011 at 17:12

Urgent: need lawyer

Dear All,

kindly suggest an excellent lawyer at chennai who can represent before Chennai HC in the matter relating to patents and designs act.

thnks to all.

s.krishnan kutty   31 March 2008 at 17:27

dissolution of partnership

what is the stamp duty required for retirement of a partner if the firm is in kerala

vs   31 March 2008 at 12:23

false blame of dowry and harassment by bride

Dear knowledgeable persons,
With due respect I want to inform u about my elder brother “D” and my mother to whom the wife of my elder brother is giving a lot of harassment/tensions.
Actually my elder brother ‘D’(belongs to U.P.) got married in Feb. 2007 with a girl of another distt. of U.P. (Arranged marriage)
At that time my brother was working in a private sector company in uttarakhand.. took some days leave for marriage purpose.
D’s wife was living in D’ s Native place after marriage.
Within two or three months ‘D’ made some trips towards home. Then D selected in Railway Deptt. ,Gujarat. Then I came to know that in that couple there is no relationship from beginning. she did not allowed to even touch her to my brother.
As more as I know that his wife used to talk on mobile late night by any person. When my brother asked her about it she escaped the matter. Without any cause she was blaming my well cultured brother and my mother about many false matters..
She used to do drama on phone while telephone to her family members and relatives saying that she is suffering from many troubles given by our family( as lie blame about dowry, etc.)
As more as I know ---she was not interested in my brother and she did not allowed to even touch her to my brother.
Then after 3-4 months of marriage after doing drama type activities,she went to her home side.
At there home side she made many blames/ lie stories about her harassment in sasural to her relatives.
In July –August (not 100% sure) she came to our home with her Mama ji after a long discussion.
But when my brother ‘D’ came to our home, she re-started drama type activities.
And called to many of her relatives to make an undue pressure upon us. She was telling repeatedly that she does not want to live here. Then her relatives returned back with her.

Near about Diwali ( about Nov. 2007) my brother and our some gentle relatives after a polite discussion on phone from her, went to bring her at our home.
But when they reached there, she started again drama type unexpected activities and refused to go with them. Whole night our side relatives made humble request to her but she denied.
My brother returned back to my home(U.P.), then went to Gujarat where his training was going on.
After a long discussion on phone her relatives with her went directly to Gujarat.
Then they called my brother alone at the hotel where they stayed.
When my brother reached there, after dinner with polite discussion , as soon as my brother reached at his wife’s room, she cried and called her relatives and blamed my brother that he is beating her and trying to kill her. She was weeping dramatically. And her side relatives abused my brother. My Brother could not understand their Pre-planning. My brother then telephone to our relatives and at our home. Our family members became very tensed about my brother As it was a night time and my brother was alone there.
Then D’s wife returned to her home in U.P. with her relatives and still there.
Actually I (D’ s younger brother) from his marriage time, living in Delhi, doing my training here. So it was the matter which I got know on phone.
It was the matter that as much as I know.
Not sure but it seems that D’s wife is due to any reason (may be of her love with another person or blackmailing or another, not sure) is trying to live apart and at only her home side.
Right now the situation is that she(D’s wife) is trying to blame my mother and brother and other family members. And doing all type of activities to do emotionally black mail to her relatives. She is blaming about my brother and mother about demand of a huge amount of dowry. And saying to all that my mother and brother (D) gave her many mental and physical harassment.
It seems that D’s wife side intention is to torture D and his family members and take money as much as possible. And it seems she is not ready to mutual consent divorce.
It also seems that bride side has not take

Ravi Kumar 1974   31 March 2008 at 09:15

Property Transfer issue

One of my far relative's father had a house alloted by KHB. He has two children-1 son(person I am referring to) and 1 daughter. But,what the father has done was,on a stamp paper(was not registered - dana patra)even before getting it registered he declared the KHB house to my relative and another 30*40 site to his daughter.The father died in an accident.
But now the issue is,the property is still not registered and the daughter has passed an objection for the registration in my relative's name. Does my relative has to give the portion of the property to his sister for getting it registered?

VINOD JINDAL   28 March 2008 at 17:38

about property

sir we have an anscestral property in the name of my grand father and he dies about 20 years before. Know my father want to give that property to me and does not want to share it with my elder brother. Pls suggest the right procedure in this regards so that i will not be in trouble for any reason in this regard and i enjoy the property without any problems from my elder brother. pls suggest

Tarun   28 March 2008 at 14:22

leave rules for HO in manaegment cader

I have resigned from proprietorship FMCG Company mfg. cosmetics/ayurvedic product as vice president sales based at head office in Delhi & factory elsewhere after working there in group for last 14 years.Now they refuse to encash leave on ground that Leave Encashment has to be done only when a person retires on reaching the age of superannuation. Now I would be governed by which Act as per law for leave rules. They were giving 30 days EL prior to Feb 2007 in 1st Co.of group & after that 15 days in 2nd group Co.after my joining in that Co in Feb 2007. I have in total more than 125 EL to my credit in the last salary slip. They have encashed EL prior to my resignation to employes with full leave encashment as was in there A/c in the same Management cadre.

Regards
TK Suneja

Piyush Jain   28 March 2008 at 14:06

Resignation & related issues


Hi,

My wife was working for a local company here in Bangalore, since last 2 yrs. In the first week of March, she had a strong verbal argument with her senior & top most management. She wanted a temporary reduction in her work hours as she was sick and wanted some load sharing. On this, the management shouted on her & accused her of being irresponsible, not replying to emails and of using company resources for her technical up-gradation. They did not even discussed her main issue. She is very sincere & hard working and was very hurt on these accusations and left the company premises.

I then asked her not to go back and look for another job. However, our mistake was that we did not send a resignation email that time itself.

Three days later, her manager mailed her stating that she is on unauthorized absence and her behavior is again irresponsible. To this, we replied that she is not wiling to join and is resigning. We also clarified on the accusations. This mail was cc'd to HR & Director.

To this, her manager replied that she cannot resign as she is under an agreement. This agreement was signed by her in Apr'07 & commits her to work till Apr'09 with her BE degree as surety and there are no monetary conditions in it.

Also, as per the offer letter, either she has to serve a month notice or payout a month notice pay. We have decided not to claim for the certificates and as her Feb' salary was still not credited, we asked the company to keep that as the notice pay. There had been no reply or response from the management to this email. We have mailed them again & again, but they haven't replied.

Its been three weeks now and they have not credited the Feb salary, so we are assuming that they are keeping it as notice pay.

Now, the top-most management have informed us "unofficially" through one of her colleague that they will follow legal course as she is bound by the agreement, or else we should pay them the money, the company spent on her training and her usage of company resources. They have quoted an exorbitant amount. There is no written agreement of any sort which states that if she leaves, she has to pay for these trainings.

My queries are:

1. The company is not acknowledging or accepting a hard copy of the resignation, So the only resignation proof we have is the email exchange we had with her management. Even in those emails, they have not accepted her resignation. So as per the Indian law, is there a time frame after which it is assumed that her resignation has been accepted?

2. What are the probable legal actions the company can take against her?

3. Is she is still bound by that agreement, even if we are not claiming for the certificates?

4. Are there any financial dues from her side? Can we give a declaration to future employers that she has no financial obligations to this company?

5. The company is not giving her relieving & experience letter (as they are asking for money). Will it matter legally, even if the future employers take her without these documents?

6. How will this affect her TDS, as she did not get paid for Mar'08 & there is no salary credit for Feb'08 also?

Also, if you know of any good company lawyer in bangalore, please provide the contact details.

Thanks,
PJ

jagdish   27 March 2008 at 19:49

Right to strike

Dear Sirs,

I am an HR person working for a MNC.

Would like to ask you'all that whether Management Associates have a right to strike? or whether they have a right to take the case forward to a Labour Court?

Basically the above category are actually workers, however they are designated as Management associates.

Pls reply.

Jagdish V

prakash   27 March 2008 at 01:04

Insurance company document

hi,
what are the legal document & permissions required for the insurance company branch in tamil nadu

Prakash

Gururja Rao   24 March 2008 at 18:44

Amendment of bare Injunction suit to mandatory injunction suit.

Hi all,
I am the plaintiff in the bare Injunction suit filed by me against my brother restraining him from constructing house in common area, subsequent to filing of the suit, before summons could be served on my brother he settled the matter while assuring me that he will not construct any structure in common area, and beliving him I have not deposited process in the main suit though I got Interim Injunction, thereafter the suit filed by me was dismissed for default for non depositing of process on defendant in the main suit. After two years in my absence my brother started construction in common area and compleated construction. Immediately I have filed an application U/o 9 r-4 of C.P.C for restoration of suit and the same was allowed and on behalf of my brother an advocate filed vakalat and sought time for filing Written statement, Now my doubt is that however my brother compleated construction in common area, and by continuing bare Injunction suit no purpose is going to be served on me, in such circumstances shall I file Amendment petition u/O 6 R-17 of C.P.c for Mandatory relief, if yes is it maintainable in Bare Injunction suits. And further I need a proforma amendment petition praying Mandatory relief with relevant case laws if any. Kindly provide me as it is very urgent. expecting answer with proforma amendment petition.