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

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Anonymous   22 September 2017 at 18:25

cheque bounce case against employe

Dear sir, please help me out in the case. I am a freah PGDM pass out from a business school. In campus hiring I was selected by a brokerage firm. I was said to execute a employment bond of 18 months (6 months probation + 12 months after confirmation). At the time of joining they asked me for a cheque. I didn't had the cheque with me so they submitted my original certificates of graduation and intermediate. Later when my salary account opened they took the cheque of Rs 1,06,000 (training cost). They said to leave the column of date. I did the same. After 3 months I resigned from the company on personal basis as my father was ill. As a caution I cancelled the presentated cheque. But they put the date of 9 Jun. I cancelled the cheque in the morning, and applied for the cancellation at night of 8 jun. On 19 jun they sent the cheque for encashement but the cheque returned. After one month they sent me a legal notice, which I replied. And after one month they filled a case in civil court and sent me the notice under 138 and 142 and also stated that company has incurred huge financial loss due to me. They didn't provided any training. I was assisting my senior and she just made me understand how to invest in the market. Apart from it they never arranged any other training session.
Please suggest me what should I do. Thank you

Rahul   22 September 2017 at 17:30

Child custody

My wife is a govt employee and we had a family dispute. She left along with our 7 month old daughter and currently at unifentified location with her parents. We are calling her but no response from her side though she is active on social sites. Her parents Called us saying that neither she wants to stay with my mother nor she want to give divorce to me and want to live separately.They are willing to give my 7 month old daughter back and saying that we can take care of her as my wife have lactation problem .my query is that how can I safeguard my self legally so that in future she doesn't make any false allegation on us regarding 498 and child custody.

AMARNATH   22 September 2017 at 17:18

Patta

Hello sir,
My home is surrounded by walls and there are 3 rooms at the one side of the home and 2 rooms at the front side. And there is a chowk in between the available space. I just want to ask that will I get the patta of the whole home(including the chowk) or will I get the patta of the builded rooms only???

Naveen Kanth Dasari   22 September 2017 at 16:47

Written statements

Hello Experts,
My right to file Written Statement has been forfeited after 90 days, what can i do. I want to file Written Statement at any cost.
Plz suggest.

Thank You.

Sabir Ali Siddiqui   22 September 2017 at 16:04

Eviction notice to licensee to vacate premises

I have rented a portion of my property for 11 months on leave and license basis up to 31/10/2017. I need the premises now for my personal use. How should I serve the notice to the licensee to vacate the premises after completion of the license period. What should be the mode of the service of the notice. What if the licensee refuses to accept the notice served by hand. Need guidance for the same.

Anonymous   22 September 2017 at 15:17

Transfer of property from deceased father

Dear Experts,

I seek your expert advice on the following:

My father died in 2010 and there is no will. And mother also passed away in 2004. We are 3 class 1 heirs (3 sisters). There is one residential property in the name of our father, which we want to transfer in our names. What is the procedure to transfer property ? And for this transfer do we have to pay again registrar stamp duty based on the current valuation of the property or transfer happens by paying nominal administrative fees ?

Secondly, since we lost original property papers last year, we have got only duplicate copy from the registrar and police FIR copy. Will that be sufficient to transfer the property from father's name to daughters names. There is no dispute or liability related to the property.

Looking forward to your professional advice.

Best Regards and many thanks in advance !!!




patter   22 September 2017 at 13:56

Refusal to take 50 paise coin

I experienced a strange situation recently in a south Indian state. When I offered Rs 4.50 to a shopkeeper for buying a newspaper, he refused the money, which is the actual price of the newspaper, and asked me to pay Rs 5 or leave. Mercifully only one man of the town does this but my newspaper is available only with him.

While I tried to reason with him, he maintains that nobody wants a 50 paise coin. It is not correct because buses, shops etc accept coins of Rs 10, Rs 5 and lower denominations up to 50 paise. Banks too accept coins here.

I know that since RBI has not withdrawn it, the coin is still a valid tender. The RBI says action will be taken against anybody who refuses legal tender. Many sites and pundits say refusal to accept legal tender is illegal. But nobody, even the RBI, has clarified so far how to proceed legally in the matter. The common man is in a quandary.

There is always the District Consumer Court. Before approaching them, can I go to a police station and lodge a complaint? Is only the RBI authorized to take action against those who refuse the coins? Who is the authority to be approached for redressal?

Member (Account Deleted)   22 September 2017 at 12:51

498a evidence

Hi Experts,

What all evidences are required to be submitted by the victim to court in 498a case in order to get justice and at which stage?

Thanks in advance,
Swetcha

VINOD   22 September 2017 at 12:39

Ancestral property

My father inherited a self acquired residential property of my grandfather on his death in 1945 in Jalandhar as his only son. My gradmother died much earler. At the time of death of my grandfather, the family constituded of my father, his minor sister, my mother,and my minor elder brother and sister. I , the younger daughter of my father, was born in 1952.
My father sold off this property in 1962 and cleared the loan taken by him to marry off his sister in 1953.
Later, he shifted to Delhi and bought property with his own funds. My father expired in 2003 and my elder sister expired in 1996.
My elder brother and the children of my elder sister have filed a case in the court claiming the Jalandhar property as ancestral property. They also claim that Delhi property was bought with the proceeds of Jalandhar property, hence, that also ancestral property.
Could you please enlighten me if the property in question could really be called ancestral property? Could you also please tell if the family could really be called as joint hindu family as claimed by the plaintiffs?
I am hindu by religion.
Regards

Anonymous   22 September 2017 at 11:07

489a cancellation

HI,
i live in Canada. I got married in march last year with 1 rupee. and went back to Canada in march, I registered my marriage as well. my wife was still in india and she had some health issues before the marriage which we didnt know. and she died in june coz of liver failure. my in-laws filed a false 498a FIR lodged against me since end of june, saying i have asked dowry of 3 lakh and gave her slow poison and all. what are my options? can anyone cancel FIR? can I file a fraud case against them ? should i come to india ? any bail options ? where should I lodge my complaint ?

Edit: she was living at her parents since march 2017 and died at the PGI hospital in june 2017