SAURABH GUPTA
01 November 2017 at 22:43
Dear sir
I havr query related to gratuity act. I have worked for 4 years and 8 months for a private organization where we have 5 days a week job and 4th Saturday is working. Please let me know weather i will be eligible to get gratuity.
Anonymous
01 November 2017 at 22:02
please advice me...
My husband ,my only daughter and my mother in law unfortunately died in massive car accident . i left alone in the world. It was mentioned in Post mortem report that my husband AGe48 , my mother in law age 63 and my daughter age 13 brought dead in 12:00pm, 12:15 pm , 12:30pm respectively. i found suddenly a notice from court that brother of husband suite a T.S. against me and Banks ,LIC mentioning that he is one of legal heir of his brother's immovable or movable properties like my husband Lic commission(as he was LICI agent), General insurance, bank balance etc.
He wants to indicate that as in PostMortem it was mentioned that mother-in-law was brought dead later my husband and he is one legal heir of his mother . So he demand one part of the immovable and movable property of my husband.
After death of husband when i was unconsciousness he has taken important briefcase of husband . Later i found including mobile phone to every thing he has taken. But due to respect i have not made any direct police complaint accept a general lost diary.
Now he is continuously spreading bad against my characters . i have no mercy for him . Not I want to share any thing of my husband to him . please advise my how do i handle him in court.
priyanka
01 November 2017 at 21:44
Hello sir, i am residing in rohini sec 1, where the houses are made on the basis of pocket system. In our pocket, one shopkeeper has encroached the road by stall of momos. My problem is that my car is parked in front of said shop in the night because of space problem in pockets to park our cars in front of our houses. In this condition, what should we do. Any legel remedy is available by law to stop encroachment.
suneetha Jain
01 November 2017 at 21:11
Sir, My Brother who was terminated by Public Sector Bank in May 2013 due to non disclosure of pending criminal case against him at the time of appointment (The case is closed in lok adalat in Jan 2013). So, we went to High Court. High Court relied on the Judgement of Supreme Court (Avtar Singh) and issued an order to set the termination order issued by Bank aside based on point (4) of Avtar Singh Case as case is Trivial and no conviction is there and asked the Bank to issue a fresh reasoned order by keeping in view of guidelines in Avtar Singh Case. The Avtar Singh Case Summary is as follows:
We have noticed various decisions and tried to explain andreconcile them as far as possible. In view of aforesaid discussion, we summarize our conclusion thus:
(1) Information given to the employer by a candidate as to conviction, acquittal or arrest, or pendency of a criminal case,whether before or after entering into service must be true and there should be no suppression or false mention of required information.
(2) While passing order of termination of services or cancellation of candidature for giving false information, the employer may take notice of special circumstances of the case, if any, while giving such information.
(3) The employer shall take into consideration the Government orders/instructions/rules, applicable to the employee, at the time of taking the decision.
(4) In case there is suppression or false information of involvement in a criminal case where conviction or acquittal had already been recorded before filling of the application/verification form and such fact later comes to knowledge of employer, any of the following recourse appropriate to the case may be adopted: -
(a) In a case trivial in nature in which conviction had been recorded, such as shouting slogans at young age or for a petty offence which if disclosed would not have rendered an incumbent unfit for post in question, the employer may, in its discretion, ignore such suppression of fact or false information by condoning the lapse.
(b) Where conviction has been recorded in case which is not trivial in nature, employer may cancel candidature or terminate services of the employee.
(c) If acquittal had already been recorded in a case involving moral turpitude or offence of heinous/serious nature, on technical ground and it is not a case of clean acquittal, or benefit of reasonable doubt has been given, the employer may consider all relevant facts available as to antecedents, and may take appropriate decision as to the continuance of the employee.
(5) In a case where the employee has made declaration truthfully of a concluded criminal case, the employer still has the right to consider antecedents, and cannot be compelled to appoint the candidate.
(6) In case when fact has been truthfully declared in character verification form regarding pendency of a criminal case of trivial nature, employer, in facts and circumstances of the case, in its discretion may appoint the candidate subject to decision of such case.
(7) In a case of deliberate suppression of fact with respect to multiple pending cases such false information by itself will assume significance and an employer may pass appropriate order cancelling candidature or terminating services as appointment of a person against whom multiple criminal cases were pending may not be proper.
(8) If criminal case was pending but not known to the candidate at the time of filling the form, still it may have adverse impact and the appointing authority would take decision after considering the seriousness of the crime.
(9) In case the employee is confirmed in service, holding Departmental enquiry would be necessary before passing order of termination/removal or dismissal on the ground of suppression or submitting false information in verification form.
(10) For determining suppression or false information attestation/verification form has to be specific, not vague. Only such information which was required to be specifically mentioned has to be disclosed. If information not asked for but is relevant comes to knowledge of the employer the same can be considered in an objective manner while addressing the question of fitness. However, in such cases action cannot be taken on basis of suppression or submitting false information as to a fact which was not even asked for.
Before a person is held guilty of suppressio veri or suggestion falsi, knowledge of the fact must be attributable to him.
But, Bank replied that as per Avtar Singh Case, Point (1) shows that non disclosure is a serious crime and hence, we are issuing that termination is valid.
Now, What should we do?? Even though High Court clearly set aside the termination order, Bank authorities did not set aside the termination order. Please advise us..
Anonymous
01 November 2017 at 19:11
Please any criminal advocate give me answer. Can i file a complaint before majistrate court about fake non-judicial stamp paper which was certified by the stamps and regestrating authorities as fake. so can i file complaint about it in court without giving complaint in police station.
Anonymous
01 November 2017 at 18:57
Any civil or criminal advocate , please answer me.
Ronit
01 November 2017 at 18:21
Hi
My wife working is working in bank as clerk and having service period of two year only. We have our infant daughter 9 month old was born at my permanent resident where my wife, me and my mother were living. My wife took transfer to my native place just 1 year back on spouse policy of bank. On 10 Sep 2017 heated argument occur between her and me and we hurled abuse on each other. She immediately called her parent and they took her along with infant daughter and said she will return in few days. After few days I contacted my father in law he told me not to contact her as she is depressed. After that my wife stopped replying though I was asking her where She is but all in vain. Then after few days on 6 oct 2017 her uncle Called me saying you just tortured her and threatened me of police and court. After that I send a leagal notice to her return back but no reply. After getting suspicious i asked her branch manger why she is not coming to bank he told me that she got transferred to her parental place due to political pressure. Then I asked my wife she did not gave me satisfactory answe. I send RCR notice to her and waiting for her response. I asked her to hand over infant daughter if she is staying alone and give her present address so that I can come to meet her but she is not telling her present address too. So can this be a case of fraud against my in laws and wife as they took infant daughter from my place and she took transfer to her parental place??? Considering the fact that she is clerk in bank and is not eligible for transfer before 5 yr and how she got transferred against spouse policy and this happend just with in 1 month after leaving on 10 Sep 2017. Can I claim custody of my minor daughter as She is working and most probably maid must Be looking after her ????is this mental cruelty or not, leaving matrimonial place and shifting to parental place considering the fact that husband has permanent residance and only son in his family????
jamil
01 November 2017 at 17:50
two persons make fraud in business. On demand one person gave cheque of the due amount. The same are bounced. I lodged FIR against the both accused. I filed summary suit in the court and got decree. Defendant who gave cheques is absconder since long.
The second accused arrested by police. After trial when case became on final argument, accused offered the complainant to compromise. accused executed promissory note. Now he is not paying the amount. Can I file the summery suit against him.
Anonymous
01 November 2017 at 17:22
We are running a company and this company owns a successful brand.
Recently, some development happened with another company working in same domain. We mutually discussed on our future perspectives if we go ahead with partnership.They offered us following things
1. They will work as technology partner of our company and invest Rs. 1 Crore in next 1 year as strategic investment. In return they don't want equity in the company they want to co own the successful brand.
2. They want 51% ownership of the brand, its IPR and right to decide.
3. They will deduct their investment on monthly basis, means they will get the profit(if any) and investment also from the revenue.
4. They have the right to terminate the agreement but we don't.
5. If in any case any party want to leave the brand, second party will automatically become the owner of that brand.
There are many more such clauses which are inclined toward that company.
I want your guidance regarding this.
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Concern about documents, reposting unanoymously.
I am planing to buy a house from Mr. A. Mr A was given GPA by Mr Y( made a layout). The GPA was noted at a notary and not registered with the registrar. In 2004, Mr A made a registered sale dead on his wife's name. My concern : There is no date on the GPA, The GPA is not registered with the registrar. By doing some research, I found out. Mr Y passed away in the year 2000. (sale dead by Mr A to Mrs was done in 2004) What is the expert opinion? Can the property be purchase?