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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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P.ESAKKIMUTHU   18 July 2010 at 18:09

MINIMUM STATUTORY BONUS UNDER PW ACT

THE DEFINITION OF WAGES IN SEC 2(VI) UNDER PAYMENT OF WAGES ACT,1936 INCLUDES ANY BENEFITS WHICH IF THE TERMS OF EMPLOYMENT,EXPRESS OR IMPLIED WERE FULFILLED PL.QUOTE A SC CITATION THAT MINIMUM STATUTORY BONUS OF 8%(WHICH IS PAYABLE IN TERMS OF EMPLOYMENT) CAN BE CLAIMED U/S 15 OF PW ACT

Anonymous   18 July 2010 at 17:36

Malafide Intention

Respected sirs,
A public officer while passing order and validating a report of his subordinate, acted maliciously, when the person refused to entertain him. The manner and method as well as circumstances itself proves that intention is malafide. I have the documentary proofs. Now as per the suggestion of my lawyer I am filling criminal case against him. Do I need to enlist the name of witnesses in the complaint itself or during trial to adduce oral evidence? Do I need eye witnesses or hearsay?
Plz suggest in detail if any further information needed.
Thank u all with regds.

insaniyat   18 July 2010 at 17:21

"Investigation Refused" mentioned in Chargesheet

Dear All,

In my chargesheet, it is mentioned that "Investigation Refused" at Investigation Status column.

Can anyone please advice what will be the impact of this, on the 498a main case? Neither we received any IO at my residence & my parents residence nor we rejected the investigation. We never received any phone calls for the same.

On the day of arrest at NCW cell, one of the officer took signature on blank page in register in the last minute before going to the court for bail request. I could not make query as to why he did that.

Also it was so quick that Chargesheet has been filed at the same day of FIR for 498a.
Please advice.

prashant1314   18 July 2010 at 17:20

Leave Encashment - Factories Act

Dear Sir,

We are a medium sized manufacturing Company ( Private Limited ) registered under Factories Act - Pune -Maharashtra.

My boss MD wants to en cash the earned leave - leave on quarterly basis.

As per my best knowledge employer has to keep minimum 30 PL to the credit of respective employee & over & above can be encashed.

Request you to all seniors to throw light on it with any Apex Court Judgements.

You can assist me at personnel@emdet.com

Thanks in advance.

Prashant

Anonymous   18 July 2010 at 16:15

u/s186,332,353,506

when public servant is on lunch time,is there charge against these sections.if no,can u tell me some authority relevant to this situation

pratik   18 July 2010 at 14:44

Interesting One.

Indian succession act, 1925.

379. Mode of collecting Court-fees on certificates.- (1) Every application for a certificate or for the extension of a certificate shall be accompanied by a deposit of a sum equal to the fee payable under the Court-fees Act, 1870, (7 of 1870.) in respect of the certificate or extension applied for.

(2) If the application is allowed, the sum deposited by the applicant shall be expended, under the direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable as aforesaid.

(3) Any sum received under sub-section (1) and not expended under sub-section (2) shall be refunded to the person who deposited it.

Query : As per Section 379(3) if the sum depositd is not expended then it will be refunded. so as per section 379(2)the word "SHALL" doesn;t have the meaning only.

So as per my interpretation if the judge doesn't increases the deposit amount than than the whole amount is refund so the word shall doesn't have any meaning .

Pls explain me the sub section (2)&(3).

Thnaks in advance.

pratik   18 July 2010 at 13:08

Section 375 (2) The Judge may, on .

Section 375 (2) The Judge may, on application made by petition and on cause shown to his satisfaction, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitled to sue thereon in his own name as if it had been originally given to him instead of to the Judge of the Court, and to recover, as trustee for all persons interested, such amount as may be recoverable thereunder.

Query:

WHat does the section says in detail because i am confused that a person can files a case on this name also which i have heard the first time as per the above section so i need a explanation that what does the section says pls in detail. if possible with the help of a example(S)(S)(S)(S)(S)(S)(S)(S)(S) ?

Thanks In Advance.

GOD BLESS U ALL.

Anonymous   18 July 2010 at 12:33

scope

hello sir!
i just wanted to know between law of insurance and intellectual property rights which has wider scope in corporate field?

pratik   18 July 2010 at 12:28

382. Effect of certificate granted or.

Indian Succession Act, 1925

382. Effect of certificate granted or extended by Indian representative in foreign State and in certain other cases.- Where a certificate in the form, as nearly as circumstances admit, of Schedule VIII--

(a) has been granted to a resident within a foreign State by an Indian representative accredited to that State, or

(b) has been granted before the commencement of the Part B States (Laws) Act, 1951, (3 of 1951.) to a resident within any Part B State by a district judge of that State or has been extended by him in such form, or

(c) has been granted after the commencement of the Part B States (Laws) Act, 1951, to a resident within the State of Jammu and Kashmir by the district judge of that State or has been extended by him in such form, the certificate shall, when stamped in accordance with the provisions of the Court-fees Act, 1870, (7 of 1870.) with respect to certificates under this Part, have the same effect in India as a certificate granted or extended under this Part.

Query :

1) What does the section says pls explain me detail?

2) Also pls give me the reference that which books is more perfereable to read "Arbitration and Conciliation Act 1996" to understand in depth with the case laws.

Thanks In Adavnce.

Chetan   18 July 2010 at 12:12

Negotiable Instrument ActC

A Complainant filed a complaint of 138 through power of Attorney. The said power of Attorney is unregistered

What will the effects of it

Whether the complaint is in fructuous

What shall I have to do the stage is of charge