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

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Anonymous   19 August 2018 at 13:00

Non payment of full & final amount

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

Restoration of criminal appeal

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

Regarding obc certificate and domicile

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

Regarding dearness allowance

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

Legal document

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

Regarding dearness allowance

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

False information by girls family before marriage

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

LAC EXECUTION CASE

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

Priyanshu Mehta   18 August 2018 at 19:57

Illegal land documents

Dear Experts

As the village previous talati has issued two illegal house tax receipt showing house numbers and house rent, usage tax etc to land grabber and village previous sarpanch issued one gram panchayat dakhla showing four location of a plot in the name of land grabber...right now both of them are not in posts.

In actual there is open plot and there is no construction.

Is the village sarpanch has rights to issue gram panchayat dakhila of plot ?

Is the two house tax receipts makes the land grabber owner ??

Where to complain about forge house tax receipt and forge gram panchayat dakhila ??

We complained to District Development Officer but no actions were taken.

We complained to local police station but no actions were taken..

Please guide sir your expert advice is highly appreciated..

Thank you..

CHANNI MALIK   18 August 2018 at 19:19

Outraging modesty

1. I m a superannuated Army officer.
2. I was waylaid and physically assaulted. I had filed a FIR.
FIR Details
Police Station: JHAJJAR
FIR Number: 504
Year: 2015
I.P.C(Police) 323,341.427,506
3. Case hearing STATE vs MUKESH is under process.State is represented by APP FOR STATE
4. I have been given to understand that MUKESH is planning to accuse me of molesting & may be even his wife, while this case is being heard or thereafter later.
Querries
1. Can this happen in the light of ongoing case preceding his levying intended charges.
2. Do I need to raise some legal defense shields to preclude it before it happens.
3.God forbid if he succeeds in framing a charge then what can be my pray in the court. I fear a NBW may be issued Ab Initio.