Ujjwal
05 September 2018 at 10:09
When a court is exercising jurisdiction to quash an FIR under Article 226 r/w section 482 of cr.p.c. can the court set aside the FIR on the basis of settlement between the parties.
In case, the answer to above question is affirmative then does that agreement gets the authenticity of the court like you get application under order 23 rule 3 of cpc and the decree can passed. What are the distinction between the order passed by HC u/a 226 of the Constitution and section 482 of cpc?
Srinivas
05 September 2018 at 07:05
In one of the offices, Salary for one day has been deducted for not attending Independence day celebrations held in the office. Many employees were not able to attend the said function due to various personal reasons. The Management has deducted one day's salary for not attending Independence day celebrations.After the month end an internal circular has been served that all employees must compulsarily attend to Independence day and Republic day celebrations failing which salary would be deducted. Is such circular applicable to the event which has occured in the past and whether it is applicable backdated? Is the act of the employer tenable in law? please advise. what is the legal recourse available to the employees?
It is a co-operative bank established under Karnataka state co-operative societies act and the nature of work carried out is banking activities.
Roshan Singh
05 September 2018 at 00:33
Police file chargesheet without arresting accued sec420 and jugde next date for chargesheet consideration. My question on consideration judge dissmiss case or please provide next step? Please explain all step. Please help me.
JOWDULA JJ
04 September 2018 at 23:46
I am employee for some company, while joining time i.e Feb 2015, i signed the bond paper to serve minimum 1 year, and also he take my SSC original certificate also, while my joining time i am deputed to my client location, after 1 year i sent the my resignation notice period through mail due to problems with my increment, but he again negotiate the my increment, so i continue my duties upto 2017, after the contract period of my client, i am sending the mails about my position in current company, but he doesn't replied me any mails, after i move to my current company by taking the service experience and my SSC certificate, but on that time he asked me to serve 2 months notice period, but due problems with my increments i again submitting the my resignation hard copy to him, after 2 months he talked me to stay here and i am asked the best increment ,he accepted with that, during the period he put the more stress on me to work more by staying extra hours, even he don't given the documentation for developments also, even some visitor said one point, he ask me to develop in our project, even i told him to those are not our programming language also, but he stressed me to complete, due to these problems and my health not supporting to work more hours i.e extra hours, i am submitted my resignation with notice period, he is taken but he not given the any acknowledgement and also he put the pending of my increment in last 3 months onwards, i remembered him through mail from last 2 months onwards, but he not replying , so one day with face to face talking, i am asked the acknowledgement, but he has force me to complete other works also after that he relieved me, so by the things i ask him to 1st give me the acknowledgement and also clear my increment which is pending on last 3 months onwards after that i continue my duties, these things are said to him and i quite my job on that day onwards. he not payed my last month salary also, and he hold my SSC certificate also ,after 2 weeks he planed to send the legal notice to me now.
he hold my previous employees original education certificates also, some people are leave there certificates to him also,
is there any way to recover my salary, SSC Certificate and my service notice period, please suggest me .
Thank you.
Ranbir
04 September 2018 at 23:23
Dear sir
I am a contractor by profession and had done construction of RCC structure of a house of a government employee of a government bank that the said owner had given me one lakh in installments for the construction of the said house while construction of the said house I was misbehaved by the owner as well as by the family of the said owner who also had a very bad reputation in the society because of their bad behaviour which was unknown to me that on such circumstances I decided not to do work at the site of the said person and also requested the said person to pay my remaining work done amount of rs one lakh to me but he is blatantly denying me for the paying my money stating that do whatever you feel like I will not pay the remaining amount to you sir please provide me the relief to get back my money
Anonymous
04 September 2018 at 22:44
My father is a Tenant for the past 52yrs and it is Pagadi system, is there any legal instrument which I can prepare and keep, as I beign the son could prepare and keep, by way of which I am saved of any litigation in future with the landlords. Especially when they are hostile. I am staying with my parents and is not married.
Anonymous
04 September 2018 at 22:17
respected sir,
I want to know that it is necessary to mention the details of discontinued degree as a qualification in the educational qualification from 10th onwards section of attestation form in government job.
MOHAMED FIROZ
04 September 2018 at 22:08
A bus driver joined our school in 10-07-2001 left service on 31-03-2008. He filed a case for gratuity before the Asst. Commissioner for labour, and the same was settled in 2017 outside the court. He got the amount and signed declaring that he has no arrears due to him. Now he has filed a case in the Labour Court making a claim on the following grounds:1. Arrears of salary. 2. Overtime wages 3. National festval holidays wages 4.Leave wages 5. Bonus The school bus driver timings are 8.00 am to 9.00 am and 4.00 pm to 5.00 pm. (2 hours of driving per day). The school working days per year are 220 days only as fixed by the Govt. of Tamil Nadu. All festival days and Sundays are holidays. The drivers report only on the working days, and 145 days are holidays for them in a year. Salaries are paid on the first of every month and signatures are obtained in the salary register. Bonus is paid every year at 8.33% at the end of December every year. Since we have to maintain the attendance and salary registers for the past 10 years only, we have got them starting from 01-04-2008 only. Do we come under the Shops and Establishments Act ? Is he eligible to make a claim as stated above ?
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Question
Dear Sir,
Need a guidance and advice.
We have an ancestral house which we are now trying to sell in Kolkata.
There are total of 5 joint owners.
4 of the owners do not stay in this house.
The 5th owner who is also the eldest person has been staying at this house right from the very beginning.
The oldest owner is still staying in that house. One part of the house was on rent over 20 years ago. We are told that the oldest owner had an erstwhile tenant with whom there was a normal court case/eviction case going on about 20 years ago. But 20 years ago, the tenant received a lumpsum payment from this oldest owner and vacated that flat. At the time of vacating the flat, the tenant issued a letter to this owner (letter addressed as the oldest owner & Others), saying that he is vacating the flat and all cases against the tenant will be withdrawn. Also, in that letter, the tenant has mentioned a condition that the house is being vacated as the owner will be using for his self purpose and also that in case the house is ever sold or put on rent, then the tenant would get an equal share of the same.
This was 20 years ago and the eldest owner had signed this letter as accepted during the handover of the flat. The letter was just on a normal white paper.
Now today at the time of selling this house, the oldest owner is now showing this 20 year old letter to the other owners and saying that the other owners must give an undertaking that in case this erstwhile tenant creates any case against that oldest owner who had signed that letter as accepted, the other owners would also be jointly willing to accept.
Now the question is that none of the other owners were aware of such a letter – nor did the other owners ever give any POA to this oldest owner.
If the oldest owner has accepted such a letter, he did that on his own.
Problem is now the oldest owner says that in case other owners do not give such a letter/undertaking he will not sign on the sale deed.
So the legal question is whether such a letter ( dated 20 years back) will be valid in the court of law and if the other owners does give such an undertaking , will be any major risk to the other owners.
As the oldest owner insists on such an undertaking, need the advice.