Amit Bhandari
19 August 2018 at 13:01
I had filed a complaint against another advocate u/s 35 of Advocates Act in Delhi Bar Council. They gave me a complaint number and informed me that complaint would be taken up in due course of time and inform me of the same. As nothing happened on my complaint for 01 year, I requested the BCI to take up my complaint case u/s36(2). BCI replied to me stating my case is not covered u/s36(2) as action can be taken only if complaint is pending before a Disciplinary Committee of the State Bar Council. They further said my complaint had not yet been taken up by State Bar Council u/s35 for consideration as to whether prima facie, a case of professional misconduct is made out or not. The State Bar Council had to conclude the proceedings within 01 yr of receipt. But nothing has happened in last 01 yr and 08 months now. Is 1 yr period counted from the date the complaint is referred by State Bar Council to its Disciplinary Committee? Is it necessary that complaint has to pending before Disciplinary Committee only then BCI can take it up and not otherwise? If yes, how can I ensure that complaint is referred to Disc. Committee without any more delay? We do not have control by when complaint is referred to Disciplinary Committee and by giving this excuse they can sit on the complaint for many many years. As State Bar Council is doing nothing with the complaint and BCI has refused to take it up u/s36(2), what is the solution? Is BCI supposed to take action under any other legal provision? Should I approach Delhi HC/SC to direct BCI to take up the complaint and conclude it?.
Anonymous
19 August 2018 at 13:00
Dear Sir,
I left my job more than nine months back but my Full and Final amount has not been cleared by the company I was working for.
I had resigned without any notice. As per one of the clauses in the appointment letter, in case an employee left without any notice he is suppose to surrender one month's Basic Pay which is OK with me. However, the balance amount due to me has not been paid to me so far. Its been more than nine months now, despite my reminding them number of times.
Please let me know as to what is the period by which the company is supposed to pay my dues as per the Labour Laws/Act with authority which I can quote when I write to them and what action should I take so that my dues are cleared at the earliest.
Arvind Singh Chauhan
19 August 2018 at 12:17
Honourable Learned Seniors,
Criminal appeal under Sec 29 DV act was dismissed in default in session court.
Aggrieved approached to High Court under 482 Cr.P.C.
High court dismissed 482 petition saying that party has remedy in lower court..
Party approached to session court for recall of dismissal order and for restoration. Session court asks where is the provision for recall or restoration.
Then party filed fresh appeal mentioning order of High Court, which has been listed for admition.
Sir what should I argue before session court. It is settled law that criminal appeal can not be dismissed in default.
I am in delima. High court says go to lower court. lower court says where is the provision ?
What may be the proper remedy.
Vijay Patil
19 August 2018 at 12:05
sir/madam,
since my grandfather's time (1963) our family is settled in rajasthan but our ancestral village is in maharasthra. We fall in obc category in both maharashtra and rajasthan.
My father's paternal cousin's son has got his obc certificate so can i use reference of his obc certificate to get mine here in rajasthan and what's the procedure to do so ?
Please help
MAHESH
19 August 2018 at 09:47
For calculation of DA as percentage of basic, government has some procedure. I understand that dearness allowance is not mandatory for publicly listed company such as Reliance industries or Tata Motors, etc. However, If the publicly listed company decides to pay DA, can it do calculations for DA on its own or it has to follow government guidelines? Thanks!
Vishwajyoti
19 August 2018 at 02:46
Dear experts,
I and my younger brother are only the legal heirs. My deceased father has property in 2 towns Bhubaneswar and Delhi and some bank balance. The second property is little more expensive than the first property. I want Bhubaneswar property for my future. For thIs I have to pay him additional amount. I have already gave Delhi house in relinquishment deed. The bank balance worth 10 lakhs and additional 10 lakhs I have to pay to him for Bhubaneswar house.
Kindly advice me what type of legal binding document is to be made before paying hoon to avoid any kind of cheating. And is it compulsory to register it?
MAHESH
18 August 2018 at 22:18
Hello,
For calculation of DA as percentage of basic, government has some procedure. I understand that dearness allowance is not mandatory for publicly listed company such as Reliance industries or Tata Motors, etc.
However, If the publicly listed company decides to pay DA, can it do calculations for DA on its own or it has to follow government guidelines?
Thanks!
Abhinav
18 August 2018 at 22:10
My marriage happened through online matrimonial site, the girl family concealed her medical condition and given us her false detail regarding age and employment. The girl is diagnosed with Epilepsy and she is born in different month and i am not sure of her employment either but before marriage she said she is working as a govt employee.When I recovered the truth the girl’s family simply told me that if you do not accept we will put you under various cases. Now being influential they have put me under false DV case, what should I do? Girl lives with her parents in different state and we only lived as couple for 35 days only on a span of 5 months.
Now i have applied for divorce in my State, but the girl had also applied for the divorce in her State , district but after i have filed for divorce . As both divorce cases can not continue simultaneously, which divorce case will run. Do i have to inform the the girls court regarding divorce filed by me. How to do that
Parteek gupta
18 August 2018 at 21:20
dear sir,
Our land acquired by huda in 2012 at that time my father and his 2 brother and 2 sister are shareholder. Acc. To statement 19 each get equal amount by huda. Our compensation enhancements done by session court. After judgement of session court we file new case of execution to release the share of sisters in favour of his brothers . Can it is possible to change in statement 19...if possible what is the procedure please guide me...
Regards
Parteek
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Court fee.
Respected Lawyers Sirs - I filed a case of specific performance in Delhi High Court in September 2006 as per jurisdiction and value of the property. I had deposited the requisite court fee. But in around July, 2015 when the case was at final argument stage, it was transferred to lower court by an order upto the value of Rs.2 Crs. The lower court delivered judgement in September 2016 which was challenged in Delhi High Court. Again I had to deposit the required court fee. Now the single bench judgement has been delivered setting aside the lower court judgement but the reward is just insufficient. I was to place the case before the double bench. Please advice whether the court fee shall be payable again for the third time for the same case in the same court. Also please advise whether the SLP can be filed in SC. Kindly suggest.
Best Regards,