Anonymous
05 August 2017 at 10:54
POSTED AS ANONYMUS FOR OBVIOUS REASONS:
I SHALL BE MUCH THANKFUL FOR THE COLLECTIVE WISDOM AND OPINION OF THE FORUM EXPERTS IN THE FOLLOWING MATTER:
(1) Background: A case u/s 12 PWDV Act had been filed by my son’s wife interalia u/s S-125 CrPC and also 498A. Whereas there was no domestic relationship for more than one year from 02.05.2015 [there is PCR report that she was not allowed to go to sasural] when the said D/V case was filed on 30.11.2016.
(2) I am R-3 in case and summons had been issued to me. The case is in Misc. appearance and is listed in November 2017.
(3) Relying upon various decisions of High Courts, I want to file Petition for quashing the D/V complaint. Most important judgmement was delivered by the Hon’ble Apex Court as follows:
Criminal Appeal No. 1635 of 2011, Inderjit Singh Grewal vs. State of Punjab & Anr., DOJ: 23 August 2011. Para-24 is reproduced below:
QUOTE
24. ….. in view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. applicable and stand fortified by the judgments of this court in Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC 508.
XXXXXXXX
26. Petition filed by the appellant under Section 482 Cr.P.C. is allowed. Complaint No. 87/02/09 pending before the Magistrate, Jalandhar and all orders passed therein are quashed.
UNQUOTE
The question is: whom all I should make Opposite Parties in Memo of Parties in High Court.?>
Myself … Petitioiner.
vs.
1. A
2. B … Respondents.
3. MM, Mahila Court …. Proforma Respondent
Anonymous
05 August 2017 at 10:24
My query is regarding name correction.
1) My father has corrected their name and surname in e-gazzette. I want to update the correction in my record i.e. my middle name and surname has a same mistake which is corrected by father. How can correct my middle name and surname ?
2) Can I use e-gazztte publication of my father for correction in my record ? or Whether it is required to publish in e-gazzette ?
Anonymous
05 August 2017 at 10:09
I have got a bail for my son from Mumbai court. I have been asked to give solvency certificate. I have a property in Tamil Nadu but I live in Bangalore. Can I still give the solvency based on this property but have my address proof and aadhar card of Bangalore address.
Will this be acceptable? Is there any complication that it is two different states?
Namita
05 August 2017 at 10:05
I have got a bail for my son from Mumbai court. I have been asked to give solvency certificate. I have a property in Tamil Nadu but I live in Bangalore. Can I still give the solvency based on this property but have my address proof and aadhar card of Bangalore address.
Will this be acceptable? Is there any complication that it is two different states?
HITESH SHAH
05 August 2017 at 09:52
RESPECTED SIR,
MY WIFE FILED A PROPERTY SUIT CASE.BUT IN CASE OF MAINTENANCE 125 , IN SUPREME COURT , SETTLEMENT WAS DONE THAT I HAVE TO PAY AMOUNT WHICH IS DECIDED IN SETTLEMENT AND SHE HAS TO WITHDRAW DOMESTIC VIOLENCE CASE AND PROPERTY SUIT CASE. SHE HAS WITHDRAWN DV CASE AND ORDER HAS BN PASSED IN LOKADALAT. BUT SHE DID NOT WITHDRAW PROPERTY SUIT CASE . SO AFTER ABOUT FOUR AND HALF MONTHS , TRIAL COURT HAS PASSED ORDER TO DISMISS FOR WANT OF PROSECUTION UNDER ORDER 9 RULE 8 OF C.P.C. CODE.SIR PL EXPLAIN THE MEANING OF DISMISS FOE WANT OF PROSECUTION UNDER ORDER 9 RULE 8 OF C.P.C. CODE.AND WHAT CAN BE DONE IN FUTURE AGAINST THIS ORDER BY PETITIONER WIFE.THANKS
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Jai Singh Saklani
05 August 2017 at 09:38
Greeting to all members,
I wanted to know that how to calculate bonus on the lump sum amount of salary. I have case of an employee who is working since 1997 in a proprietorship firm. His salary was not bifurcated till FY. 16-17. He was getting salary in lump sum as mentioned below:
Years Salaries Annual Salary Bonus Payable @ 8.33% Limit according to Bonus Act 1965
Nov, 1997 2138
May ,1998 2138 25656 2,137.14 Where Basic is less than 3500
May ,1999 2352 28224 2,351.06 Where Basic is less than 3500
May ,2000 2587 31044 2,585.97 Where Basic is less than 3500
May ,2001 2846 34152 2,844.86 Where Basic is less than 3500
May ,2002 3131 37572 3,129.75 Where Basic is less than 3500
May ,2003 3444 41328 3,442.62 Where Basic is less than 3500
May ,2004 3788 45456 3,498.60 Calculated on 3500
May ,2005 4167 50004 3,498.60 Calculated on 3500
May ,2006 4584 55008 4,582.17 Where Basic is less than 10000
May ,2007 5042 60504 5,039.98 Where Basic is less than 10000
May ,2008 5546 66552 5,543.78 Where Basic is less than 10000
May ,2009 6101 73212 6,098.56 Where Basic is less than 10000
May ,2010 6711 80532 6,708.32 Where Basic is less than 10000
May ,2011 7382 88584 7,379.05 Where Basic is less than 10000
May ,2012 8120 97440 8,116.75 Where Basic is less than 10000
May ,2013 8932 107184 8,928.43 Where Basic is less than 10000
May ,2014 9825 117900 9,821.07 Where Basic is less than 10000
May ,2015 11000 132000 9,996.00 Calculated on 10000
May ,2016 12100 145200 9,996.00 Calculated on 10000
May ,2017 13310 159720 9,996.00 Calculated on 10000
This is what I have made a calculation of his bonus payable for the entire period of services. Please rectify if it is wrong. And suggest the right and appropriate case.
As he is not been paid any amount of bonus in any financial year. Please tell, is he eligible for the bonus upto date from the past years of his services or not ?
Anonymous
05 August 2017 at 08:34
HI,
We are only 2 Directors in Pvt ltd company. So Both the Directors is having share percentage 60 and 40% share. So what document and procedure and protection should follow that director who is having only 40% share in the company. if in that case the director for bigger share try to sacking lower share partner. Please guide us.
Ashish Nirala
05 August 2017 at 05:53
My service with Private Limited Company is 4 Yrs and 8 Months (Approx)- DOJ 01-Nov-2012 and Date of Relieving is 08-Jul-2017.
whether i am eligible for Gratuity or not
if yes then let me know the rules if not please let me know why
Ur valuable comments will be appreciated..
Anonymous
05 August 2017 at 05:47
My service with Private Limited Company is 4 Yrs and 8 Months (Approx)- DOJ 01-Nov-2012 and Date of Relieving is 08-Jul-2017.
whether i am eligible for Gratuity or not
if yes then let me know the rules if not please let me know why
Ur valuable comments will be appreciated..
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Improving the qualification of government servant
I have a doubt regarding the improving the qualification of a government servant. For a lecturer post M.Com. second class is prescribed in the year 1991 and the candidate shown his degree from say Andhra University, Andhra Pradesh and got his appointment as lecturer. Later in the year 2005 (say) the special rules were introduced by the Government and for promotion to the next post a first degree is required. My doubt is that whether this government servant who joined the service in the year 1991 by acquiring second class degree from Andhra University should improve his qualification from the same platform i.e. from the same Andhra University or from the different platform? If it is from the different platform how can we say that the qualification is improved?