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bharani   16 October 2008 at 18:04

Employment of women after 7 P.M

We are textile company we are having majority of women workers due to tight schedule we are engaging women workers after 7 P.M Is this Legal?
What happened to Sec.66 (1) (B) of The Factories Act 1948.
Whether we employ women workers after 7 P.M
We are running one shift only the timings are 9.30 A.M TO 6.30P.M

kirankumar   16 October 2008 at 15:33

IPC 498A section 34 and DP(3&4)

My wife Put a False Case on me 498A section 34 and DP (3&4) she included all my family members and my brother’s wife also.
I was send to jail for 5 days and after that i got the bail. My father got the bail on the same day.
She was State Govt Employee.
After the 498A she filed the DV case also.
I applied for quash on DV in High Court it was in process.
She was saying her mother had given dowry of 5 LK to me and for byke 50K.
My marriage was Love cum arranged marriage i did not taken any dowry.

In the DV case the court had send us for the counseling there she said that this was an arranged marriage not love marriage.
we both were Classmates from 8th class in 10th class she proposed me that was continued.
She got her father job in 2000 he committed subside in Dec 1999.
But as per the Death certificate it was a heart attack
So now i need your guidance

Gur Prasad   16 October 2008 at 15:10

Enforcement of Rules

I think no rule can be implemented or enforced from a retrospective effect to the dis-advantage of an employee or worker. If so kind provide the case laws, citations and decisions/rulings of various High Courts & Supreme Court.

Rajkiransingh   16 October 2008 at 14:38

IPC 306 Leading judgement

Dear Lawyers,
Could u please provide me leading Judgement of the cases under IPC 306.

ESTHERPRIYA   16 October 2008 at 14:26

Execution of NBW

Hai can any body help me in stating the procedure for executing a NBW in case of inter state borders. The NBW issued court is in Mumbai but the accused against whom it is issued is in Salem.

Regards
Padmapriya

Chhaya Soni   16 October 2008 at 14:19

Please suggest

Respected Lawyers of the Forum,

IF one company already entered into Leave & License Agreement with Licensor by which it has been restrained from subletting the premises, can it enter into understanding with its sister concern and grant the same premises to run the office. Or have to take consent from the licensor for the same. Please suggest.

Pardeep jagdeva   16 October 2008 at 14:17

Writ petition

I am filling a writ to recover the award amount of the informer(which is 10% of the total tax assesed by the tax department from the total recovery)

tarun   16 October 2008 at 11:17

Payment of Money of sister concern to parent company ,



We have bought machines from one company in USA, regarding payment they requested that amount should be sent to Parent company on behalf of sister company (seller company) working under parent company.

They have referred to such arrangement as accepted commercial practice in the field.

I wish to know how far such commercial practice is recognized and whether it will also holds good in international arena ?

Plz guide and support

tc baskaran   16 October 2008 at 10:49

ESI APPLICABLE FOR AMCs & SUBCONTRACTORS

1. We are having subcontractors who will do our parts machined outside (without our supervision) and supply to us. Some of them are having ESI registration and some of them are not. Also please note that they are having number of customers.

2. We have covered Annual Maintenance Contract for maintenance of our machinery and computers. They do not have ESI registeration.

For the above two subjects, Whether Principal Employer should cover / pay the ESI contribution or not necessary. Please clarify.

Mohamed Ali   15 October 2008 at 23:33

scope of FDP to delete lr's on record based on law

A muslim partition suit was decreed in name of 6 Sons as defendants and 5 Daughters as plaintiffs, As per decree sons are entitle for 2/17th share and daughters are entitle for 1/17th share..

While filing FDP all the original defendants and plaintiffs were dead as this a very long pending suite,

Hence all their LR's had to be brought on record to represent them in FDP.

In one 3rd plaintiff's(Died in 1978) case who is a daughter,
She had 3 children 1 son(died in 1974) and 2 daughters, Son had predeceased her mother (hence he is not entitle for share as per Mohameddan law)..

But by mistake or purpose, The predeceased sons heirs were brought on record while filing of FDP.. As per LAW they are misjoinders, As their father( is a predeceased son of 3rd plaintiff) and is not entitle for any share in the 3rd plaintiff share of property.

FDP is still pending, As per decree my great grandmother is entitle for 1/17 share, while filing of FDP they have brought on record heirs of this predeceased son as LR's (misjoinders) along with their 2 aunts,
Since FDP is to allot 1/17th share for my Great grandmother in that only two daughters of Original 3rd plaintiff are entitle for share.

Point to be noted: These predeceased son's children were brought on record, while filing of FDP in 1984, where as preliminary decree was passed in 1970, since the original 3rd plaintiff had died(in 1978) and her son died in 1974.

In muslim law birth right is not recognised(where Hindu law recognises birth right), hence question who are the LR's entitle for share in 3rd plaintiff 1/17th share will come up only after her death, Since her son had predeceased her,
Only 2 daughters of 3rd plaintiff are entitle for share not childrens of predeceased son... this is our IA.

question:
FDP is still pending, Will the court executing decree will delete these misjoinders in FDP proceedings itself, as per Rule 10(2) and sec 47. or we have to file a seperate suite after FDP...