kapil dev
23 July 2017 at 21:27
Hi,
I am Working with a Logistic company based at Gurgaon from last 15 month on 20-Jul-17 I had resigned due to extreme harassment by a Sr. person.
I had stated same in resignation letter , due to this he had charged me a debit of Rs.40000/- against delay in some Operational work.
My Notice Period Conditions as given below.
1.You will be on probation for a period of six months from the date of your commencing work, but if the management is not satisfied with your work and conduct, your services shall be liable to terminate with one month notice at any time during the probationary period. This period of probation will be liable to such extension(s) as the management may deem fit in its sole discretion and unless an order in writing confirming you is given, you will not be deemed to have been made permanent.ā€¯ after that three month notice .
Now I am asking for three month notice as I had not received any communication form HR team about extension of my probation neither they give any notice about my poor performance.
Now Please suggest me can file case against company for my notice period, as HR is forcing me serve only one month notice.
Thanks & Regards
Kapeel Dev
PPBiswas
23 July 2017 at 21:27
My father purchased a plot of land and built a one storey house on it. He giftd me roof right to build first floor. Roof of first floor as well as staircase, water reservoir etc. would be common. After death of my father, my mother lodged a partition suit for ground floor and father's share of roof of first floor. Partition suit was decreed by giving equal one third share in ground floor and half of roof of first floor to myself, my mother and sister. Before Partition comissioner could come, my mother died and partition decree was revised by giving half share of ground floor and half of roof of first floor to myself and my sister. Accordingly Partition Commissioner was appointed by me.
I had not built the common staircase upto roof of first floor as it was a common portion and I was short of fund. Instead, I had installed an iron staircase on my open balcony to access roof of first floor.
In the gift deed, my father had stated that no construction or transaction on roof of first floor could be done without taking my consent.
Now, when the Partition Commissioner started measuring suit premises, my sister and her counsel attempted to scuttle the proceedings by insisting on starting measurement from roof of first floor. But they refused to access the roof of first floor through my private staircase. Partition commissioner noted that I had offered access to roof of first floor through my private portion but defendant refused my offer.
My sister is demanding that I have to build the permanent staircase upto roof of first floor.
Now my questions to our esteemed experts are:
1. Who has the responsibility to build the common staircase?
2. Can the partition be withheld indefinitely till construction of the permanent staircase?
3. If I buy a property knowing fully well that it has inadequate or no access, can I force the seller to build the access after he has completed sale and transfer of the property?
4. During the nine years of court proceedings, this matter of lack of public access to roof of the first floor was never brought to notice of the learned court by either my mother or my sister. How can they now bring this matter up at this stage to scuttle the partition with the sole objective to continue their unauthorised possession?
I request our esteemed experts to advise me regarding my next steps. Thank you.
sandeep
23 July 2017 at 19:13
I received the audit report of my society for the year 2016-17. One member is defaulter in our society since registration of society. Society was registered in 2006 under mcs act. The society is filed a recovery under section 101 of mcs act in Dec 2016. The registrar ia dismissed the recovery and reason state that society have no right to recover the amount of prior registration and state that issued him fresh bill without adding prior registration amount in bill. Now society is given him fresh bill with interest from registration period i.e. from 2006. Now that defaulter member showing the Oct 2006 bill is 1290 and total amount payable is 2,00,000/- . Now auditor had made two entry in audit report liability and show that one liability is prior registration and second entry is after registration. Now that defaulter member write a letter to society and asking when my dues is only Rs 1290 in Oct 06 then why society is charged amount arbitrary and state that hence it was society mistake to issue a wrong bill I am not liable to pay interest and given a cheque of only principal amount. I am secretary of the society. 1) Now there is a question that can we make dual entry in liability one for prior registration and second is after registration? 2) Can u please suggest that it is our mistake to issue the wrong bill ,Can we accept the cheque of principal amount or ask him to pay total amount with interest?
harshit
23 July 2017 at 19:12
Dear expert
A case u/s 340 crpc, was filed and then after "Not Press " on 24 April 2014. My query is that , this case can be file again under this section ?
Kindly advice.
Anonymous
23 July 2017 at 18:45
Accused released on regular bail on 3-12-2013, under section 354, 323, 504, 506 and section 3(1)(x) of SC ST Act. Since then accused was continuously appearing before the court but prosecutors failed to comply with provisions of CrPC 207 for 16 months till 23-03-2015.
Judicial Magistrate passed an order to issue NBW on 03--8-2015 without recording any reason as to why he reached a conclusion that accused will not voluntarily appear before the court on next date.
But Judicial magistrate never handed over this NBW to the police and again passed orders to issue NBWs on 23.09.2015, 21.11.2015, 21.01.2016, 26.03.2016, 04.05.2016 but non of these NBWs were sent to police for execution.
accused moved recall applications on 27.06.2016, 19.07.2016 and 10.08.2016 but JM dismissed and passed orders to issue NBW on 25.07.2016, 16.08.2016, 09.09.2016, 26.09.2016 and 82 & 83 on 26.09.2016.
Accused approached HC and HC stayed all proceedings. Opposition contacted the counsel of the accused and counsel of the accused prayed for such a relief which was not prayed in petition (and without consent of the accused and without informing the accused )
HC passed following order-
1. Accused applicant shall appear in person before the trial court ..........;
2. When the applicant appears in person before the trial court and moves an application for substitution of surety, same shall be considered on the same day;
3......
4.......
Now, I want expert comments on the following question of law-
1. Whether the counsel of the accused committed criminal breach of trust in the light of Advocate Act or not?
2. Whether JM magistrate committed contempt of Hon'ble Supreme Court's guidelines or not?
3. Whether the order passed by the Hon'ble HC is legally valid in the light of Article 22 and advocates act or not?
4. Where is entire proceeding against the accused infringement of his fundamental Rights under article 21 or not?
Anonymous
23 July 2017 at 17:10
Step 1: Mom giving residential property as gift to son. Gift is registered and required stamp duty paid.
Step 2: Society does transfer process and son name is updated in records. Property transfer completed once.
Step 3: Son sells it in next few days after the transfer is done.
Question?
Question 1) Is there any law in the standard societies bye law that restricts the transfer of property two times in the same year? If so why?
2) If so, how to navigate this. Or how to deal with this. As selling needs to be done?
3) Section 29 of Restrictions on transfer or charge of share or interest in Maharashtra Cooperative Societies Act says something about this... but I am not able to understand what it means? Does it mean that son cannot sell the apartment received as gift immediately after receiving gift?
Anonymous
23 July 2017 at 16:57
I am working in ICAR under Ministry of Agriculture and Farmers Welfare, Govt. of India as a permanent employee with GP 2800/- , Now I am selected for Agriculture Officer by RPSC direct recruiment in Rajasthan govt with GP 5400/-
I Wish to apply for pay protection in rajasthan govt
Kindly anyone tell me about rajasthan govt rule for pay protection or what will the procedure there of for pay protection
RAJPAL
M.No.-9015070800
Anonymous
23 July 2017 at 14:09
Sir we are 2 brother 1sister & my mother & we r joint family.... my father passed away in year 2016 & left the registerd will behind him... his 100% share in my name....As my father & mother had a dispute (not a gud terms) wid my elder brother since 2005...they filed so many police complaint of harassment as a sr. citizen but police authority did nt took any action..then he filled a civil suit in the city civil court @ dindoshi mumbai for eviction of the suit premises in which the matter is pending to get me on record as his legal heir also i have filed the will for probate in the high court jst 1 month before..my mother & my sister is already given NOC....pls help i need your guidence. Thanks
Bittu
23 July 2017 at 13:45
Hi,
i would like to know about the meaning of "Unclaimed Summon". i am divorcee and after my divorce my wife filed for maintenance 125 to Family court. and Family court ordered that no need to pay maintenance because she had 2 master degrees and able to earn money, and there is no reason to left my house. Also i got divorce on same reason that there is no reason to left my house.
Now i am not staying in my native place and nobody was there. For job, i am staying in other state. But i heard that she had again filed another case to Civil court and the summon had returned back as "unclaimed" and judgement had given as ex-party. i have to pay maintenance now.
please suggest me:
1. at this situation, what i can do against this judgement?
2. where to file?
please guide me
Regards, Bittu.
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regarding injunction orders
Dear sirs,
Recently in one case court declared that all the family members have rights on the property and given the decree accordingly in the partition suit but that property is not distributed technically for the exactboundaries. Now some other person is trying to occupy the property. How the injunction suit is filed on behalf of all the family members. Here some of the family members are not availble. They are nri's. Is one person is capable to file the injunction suit against the third party who is trying to occupy. If filed then is that suit is maintainable are not under non joinder of necessary parties??? Please advice me properly. Thank you