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skg   12 November 2009 at 00:24

Labour case related queries

Dear legal experts

Please proide your useful advice on the following queries related to procedures

followed by a labour court:

From start and upto end What are the stages in a labour case before the award is declared

and nowdays what is the maximum time limit given in our law to finalize a labour case?

What procedure a workman is required to adopt when he get a less salary job after 2 years

of fighting his reinstatement case of illegal termination and the case is still in

progress in the labour court?

Should he withdraw his illegal termination case and file it for recovery of his full salary

and other benefits like retenchment compensation as per sec 25F upto the period he remain

unemployed or owing to his getting less salary he can still continuue the case of

reinstatement with full backwages and consequential benefits?


rgds
skg

Anonymous   12 November 2009 at 00:03

Church Property under dispute

Church property under dispute.
The Property is more than 100 years old. This property was used as Mission Bungalow serving the poor with medical facilities and residence for mission workers. Some 15 years ago efforts were taken to construct a church building demolishing one of the compound walls. But some villagers tried to obstruct the construction of a church citing that the land belong to a local Hindu temple, and many church members and the church priest were attacked and wounded. The dominant caste villagers are obstructing the construction of the church using violence.
The local police are citing Law and order problems for any help to construction of the church. The police are also afraid of the Local dominant caste people. They are obstructing to move the construction of the church by influencing the police, the local panchayat administration.
The Panchayat President is not giving permission after having submitted our application for construction of the Church, for fear for life and use of violence by some dominant caste people.

We have Patta, Chitta and Adangal to the above said property. But we are not still able to take possession of the said property. As the dominant villagers are obstructing to any move to take possession. And the police seek proper court orders, since the property is highly vulnerable to cause law and order problems.
1) Kindly suggest as to how we could take possesion of the property?
2) Kindly suggest how we could get the Local panchayat's approval (No Objection Certificate) for Construction of the Church, as it is being denied by the Panchayt president even after repeated applications
3) how we as the Church can take up the matter legally?
Kindly help
Regards
Church Preist.

Anonymous   11 November 2009 at 23:59

Church Property under dispute

Church property under dispute.
The Property is more than 100 years old. This property was used as Mission Bungalow serving the poor with medical facilities and residence for mission workers. Some 15 years ago efforts were taken to construct a church building demolishing one of the compound walls. But some villagers tried to obstruct the construction of a church citing that the land belong to a local Hindu temple, and many church members and the church priest were attacked and wounded. The dominant caste villagers are obstructing the construction of the church using violence.

The local police are citing Law and order problems for any help to construction of the church. The police are also afraid of the Local dominant caste people. They are obstructing to move the construction of the church by influencing the police, the local panchayat administration.

The Panchayat President is not giving permission after having submitted our application for construction of the Church, for fear for life and use of violence by some dominant caste people.

We have Patta, Chitta and Adangal to the above said property. But we are not still able to take possession of the said property. As the dominant villagers are obstructing to any move to take possession. And the police seek proper court orders, since the property is highly vulnerable to cause law and order problems.

1) Kindly suggest as to how we could take possesion of the property?
2) Kindly suggest how we could get the Local panchayat's approval (No Objection Certificate) for Construction of the Church, as it is being denied by the Panchayt president even after repeated applications
3) how we as the Church can take up the matter legally?

Kindly help
Regards
Church Preist.

MAAZ   11 November 2009 at 22:34

citation / law point and guideline

- An employee (Shorty) steals the cheque book of his employer / shop-owner (Hardy).

- Hardy (Complainant) lodged an FIR against Shorty.

- Advocate for Shorty along-with pre-arrest bail application also submits an agreement of a huge amount (gives numbers of FOUR cheques from said stolen cheque book) claiming that such agreement was signed by the Hardy but Hardy declares the same (his signatures on the Agreement) as fake / forged and untrue.

- Shorty obtained a pre-arrest bail from court

- The case is at the stage of investigation, Police did not submit the Challan till now, Shorty is still on pre-arrest bail.

- Advocate for Hardy (the complainant) submits a application before the court for the verification of signature of Hardy from an Expert,

Question:

Court asks question from the Advocate for the complainant, whether such an application for the verification of signature from an Expert can be moved at this stage of Bail period?

I shall be thankful if any colleague / expert can provide me some citation / law point and guideline.

With regards,
MAAZ


HARISH GOVIND ADAKE   11 November 2009 at 21:53

gratuity & railways

MY CLIENT HAD RESIGNED FROM RAILWAYS AFTER 8 YEARS OF SERVICE. THE RAILWAYS HAD REFUSED TO PAY HIM ANY GRATUITY AS PER THE RAILWAY SERVICES PENSION RULES, 1993. HE HAD RESIGNED AS PER HIS WISH AND NOT WITH AN INTENTION TO JOIN OR START ANY NEW BUSINESS OR SERVICE OR PROFESSION.
I THINK THAT HE IS ENTITLED TO GET PROPORTIONATE SERVICE GRATUITY.

rashmiramanath   11 November 2009 at 19:49

consumer court

Dear all
In the NCDRC proceedings, by chance if the appellant is unable to be present in the admission date, will the case be admitted or dismissed?
pls clarify
thanks in advance
Rashmi

Anonymous   11 November 2009 at 19:02

Jurisdiction

A Private Limited /Limited Company recieved deposits from General Public and failed to repay /return the Deposits to the Depositors.

In AP-Under Protection of Depositors Act- The Dist. Collector ( in Districts) and Commissioner of Police ( in Hyderabad ) are the Competent Authorities to deal with claims of the Depositors against the Trader /Firm /Person who received the deosits

I request the opinion -
Whether the Company Registered under Companies Act, can dispute the Authority of the District Collector under Depositors Protection Act, if a claim is made against the said Company before Distirct collector !

george   11 November 2009 at 18:59

limitation

Sir
My grand father settled the only dwelling house to my mother in 1963,(He died in 1965 after making a will for the other lands and any left over property too to my grandmother).One man got the possion of the house and sale deed by fraud/undue influence from my mother.My mother within two weeks filed suit in court.but all the three court including HC dismised the suit for want of evidence of undue influence.
Now I feel the original deed that is settlement deed is void on the ground that
1) the contents of the deed is such that the transfer of interest and right and possesion is not in preasenti and my grand father reserved life interest.and such settlement deed had been held to be void or will in many cases.
2)the written consent of my grandmother not obtained according to Indian Succession Act as we are christian.
In this situation my grand mother died in 1995 leaving a will bequething all property to me.
My question is now can i file a suit for recovery of possession from the man who fraudulently obtained from my mother by null and void declaration of the original deed of settlement because my mother did not add this fact in her plaint.Will it attract limitation period
Kindly advice sir

Sachin Bhatia   11 November 2009 at 18:49

Classic Definitions & Cool Meanings

Classic Definitions & Cool Meanings

1. Cigarette : A pinch of tobacco rolled in paper with fire at one end & a fool at the other.
2. Love affairs : Something like cricket where one-day internationals are more popular than a five day test.

3. Marriage : It’s an agreement in which a man loses his bachelor degree and a woman gains her master

4. Divorce : Future tense of marriage

5. Lecture : An art of transferring information from the notes of the lecturer to the notes of the students without passing through “the minds of either”.

6. Conference : The confusion of one man
multiplied by the number present.

7. Compromise : The art of dividing a cake in such a way that everybody believes he got the biggest piece.

8. Tears : The hydraulic force by which
masculine will-power is defeated by feminine water-power ..

9. Dictionary : A place where divorce comes before marriage.

10. Conference Room : A place where everybody talks, nobody listens & everybody disagrees later on.

11. Ecstasy : A feeling when you feel you are going to feel a feeling you have never felt before.

12. Classic : A book which people praise, but do not read.

13. Smile : A curve that can set a lot of
things straight.

14. Office : A place where you can relax after your strenuous home life.

15. Yawn : The only time some married men ever get to open their mouth.

Ami Parekh   11 November 2009 at 18:46

TDS F.Y. 2009 -2010

As per the chart attached Education & Higher Education cess is not applicable on payments except salary payments but still many CA say it is applicable. Dear expert please tell me about education cess applicability

I also needed TDS chart & its notes from VG mehta if available with you.

Awaiting your valuable reply
Ami