LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SSRAO   02 September 2017 at 18:56

Claiming gratuity after 27 years

Sirs.. A terminated employee has submitted form N before Controlling Authority after 27 years that he has not received Gratuity from the company...citing no reasons of delay and also not submitted any documents such as termination order, payslip, id card & no valid documents to ascertain whether he was employee of this organization...The Controlling Authority has issued FORM "O" Notice for appearing before the authority. What will be reply against such notice..can management engage Advocate? .

SSRAO   02 September 2017 at 18:46

Regarding transfer of workman

A Workman has complained before Asst. Labour Commissioner stating his transfer to other is illegal.
Sirs..Can a Workman a raised this individual complaint before the Labour Court without espousal of his Trade Union. even though he is member of a Trade union. Is it admissible u/s 2k of Industrial Disputes Act.
Pl advise...how to reply from management side to the Labour Court.

Udit   02 September 2017 at 18:16

SLP in Supreme Court

Please tell me that how much is the period of limitation for filing SLP in the Supreme court against the order of a single judge bench of the high court.

Parul   02 September 2017 at 17:30

property division against stepmother

pls advice me as my father died 2007 without signing will leaving my stepmother son .

Hisham   02 September 2017 at 17:16

Order v rule 1 and order viii rule 1 application

Sir,
I am the advocate for the petitioner/plaintiff. Have filed a Order V and Order VIII Rule 1 Application for the defendants to have not filed in the Written statement in 90 days. The court had taken my application and on the next hearing date when the defendant had filed in their written statements had returned my application stating that the written statement had been filed by the 6th respondent. Meanwhile Respondent 1 - respondent 6 have been termed exparte but ad-interim expert orders have not been passed for the other pending application but only R1-R5 has been termed ex-parte but failing to pass ad-interim orders. I wanted to file a petition before the Hon'ble High court with regard to Transfer petition under section 24. Will the High court in my transfer petition give ad-interim orders to my pending injunction applications where my orders are still pending after court hearing the said application as forcing me to withdraw my applications. Secondly can i file a petition under article 227 of the constitution of indian for the court to have acted in excess of its jurisdiction for not only numbering my petition but later returning it on the next date stating that the 6th respondent filed in their written statement without stating any reason nor even have they filed any time extinction application stating reasons for the failure to file within the time period of 90 days. What petition to be filed for returning my petition under order V Rule 1 and Order VIII Rule 1 whether A petition under article 226 or whether a petition under section 115 of C.P.C. Will a petition under article 226 be maintainable?

shankar   02 September 2017 at 17:04

Salae deed

is self execution of sale deed by gpa holder is valid transaction?

Keshaav Chakrbarty   02 September 2017 at 16:40

Order 7 rule 11 - rejection of plaint

(i) A Plaintiff Lady and her Late Husband (Being the joint holder of their building property) had made a Lease Deed Agreement with a Proprietorship Firm represented and signed by its proprietor for 05 years in December,2008. (ii) In 2011 the Father of the then proprietor takes over as proprietorship of the same firm, Trade Licence has been issued to the Father as proprietor of the same firm, Bank Accounts of the firms remained same and proprietor being changed. (iii) The Plaintiff and her husband had been informed by both past & present proprietors, though verbally only as that time the relationship between partied were cordial, about the change of proprietorship,as the son is physically challenged and got a job outside that time. (iv) The Plaintiff herself had received Rents for 02 consecutive months in Feb and March,2011 from the same firm and the cheques were signed by the Father as the new proprietor. Bothe cheques got enchashed from the same Proprietorship Firms Bank Account. (v) But after that suddenly they stopped receiving payments, did a false case against the son, father and their security guard altogether, first on u/s. Cr.P.C. 107 at Executive Magistrates Court, and second also filed a G.R. Case (U/s. 156/3 Cr.PC) with several sections of IPC and Cr.PC in 2011. (vi) Though they have mentioned about filing of these cases in thei eviction suit also in 2012, but while filing Affidavit-in-chief in 2017 August, they did not mention the results / present status of those criminal cases filed by the Plaintiff against defendant no-1,3 and their security guard of the firm; (vii) And after that in 2012 they also filed a Eviction Case U/s. 106 of T.P.Act against the Son (Past Proprietor), Father (Present Proprietor) and also against Son's Wife, in one Single Plaint / Suit, with a plea to Evict all from her premises with damages(All Rents) and interests thereon. (viii) But the Agreement was not at all signed between any of the three defendants in individual capacities with the plaintiffs, but was made between the Plaintiffs and the Proprietorship Firm. (ix) That period our Advocate told that Rent cannot be deposited in Rent Control as our firm and the leased property is located in Gram Panchayat Area. (x) Hence as per Advocates suggestions we started sending Money Orders to the Plaintiff every month, which plaintiff refuses, and does not accept. (xi) Even the Defendant no-1,3 and the firm's security guard filed a Money Suit against the Plaintiff in 2016 after getting acquitted from the criminal case (G.R. Case) filed by the plaintiff for : Suit for damages for malicious prosecution and arrest due to false complaint. No w/s submitted by the plaintiff for this Money suit till date. Under such circumstances can we file Order 7 Rule 11 petition at this moment when trial is going on ? And Can we get relief from this Order 7 Rule 11 application from Ld. Civil Court ? Can a Plaintiff file an Eviction Suit by mentioning 3 separate defendants in one plaint ? Is that accepted or maintainable ? Please guide.Thank you, Regards.

Alok Sahu   02 September 2017 at 16:37

Eviction

I am 65 years old senior citizen. I am staying with my wife in my own house at Cuttack Orissa and have clear title. My son and daughter in law are also staying in the same house. In recent years they are regularly torturing both me and my wife in any manner. Last year my son who is practicing as a junior advocate, filed a civil suit against me claiming the property belongs to him. In his suit no evidence available in his support and claim is purely imaginary. He have also filed an I.A. to prevent me from any alienation, which was rejected by the Honorable Court . After that he is regularly getting violent and torchers us. He also threating to drag the suit for years and after my death he will automatically gain the ownership. We have reported it to police no. of time about the violence but police is not paying any attention to us. We have filed an I.A. with prayer for eviction of my son and daughter in law and to allow them to fight the legal suit by staying outside. My son is not contributing anything towards maintenance of the house rather he have captured a major portion of the house. Honorable Court have rejected our I.A. as my son is a prima facie on the suit land (by means of cable TV connection in his name). Should we go to the upper court and then what are the possibilities, as the suit is under trial court. We have submitted written statement including counter claim for eviction. My son is not filing the reply to drag the suit and the matter is pending since last 3-4 months. Is there any other better way for eviction. If you have any suggestion for me please share.

Arvind Kumar Yadav   02 September 2017 at 14:15

Divorce/ Void Marriege

one of my friend's sis got married in last 02 June 2017 without inform her Parents.From 1st Day she was not living with her Husband. She Saying that Marriege was done by forcefully & Cheating way with Blackmail. Boys get the relationship with Girls then threat for showing relation video or photo in Public other wise carry the Relation Continue. Girls got feared from him & continue with them or got married without concent. Now girls has put a FIR against Boys. & Now want to be get null & void the marriege. Pls help & suggest the legal way for divorce.

kaur   02 September 2017 at 13:13

Certified copy of authority letter

How to get certified copy of authority letter filed by respondents/managements before the court.