Anamika
27 March 2017 at 19:02
I used ATM of my wife at about 3.30 PM on 26 -3-2017. In the ATM cabin two person are also present. I try to use the ATM but transaction was not completed. One of person told me that this is new machine I will insert your card and you will get money but he fraudulently get my PIN and handover me another card . After that I leave the ATM cabin and about 9.39 PM when I reached home I came to know from my wife's phone that RS 34000 has been withdrawn from my wife's ATM. I also file written complaint in the police station next day about 10 am. How can get my money back from bank because police is saying we are not in a position to catch these people. Kindly help me to get my money back. Thanks for valuable suggestions
rahul
27 March 2017 at 18:29
By “the constitution (scheduled tribes) order amendment act”, the Hindi meaning of a scheduled tribes had been changed.(consequently issuance of ST Cast Certificate to this caste had been closed and this cast had been put under obc list) Recently this constitution (scheduled tribes) order amendment act had been repealed by the central government .on this repealing , different opinion has been arisen on the hindi meaning of this scheduled tribes between central government and state government . state government ‘s view point is, since the amending order has been repealed consequently the situation before amendment is restored and ordered to its officials vide its official gazette to issue ST certificate in state and central format to caste listed before amendment.
Whereas the central government is of opinion that no changes have been made by repealing of the said amendment by virtue of saving clause of the repealing Act ,which is as under.
“The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to-----“
Sir on the basis of above facts my question is:-
1)What is the status of beneficiary of this ST certificate in the eye of law who applied cast certificate on the basis of state government order and gets benefit of this ST certificate?, if he is not aware about different opinion on the hindi meaning of this scheduled tribes between central government and state government at the time of taking benefit of this certificate.
Santu
27 March 2017 at 18:08
Hi,
Please find below the incident Summary:
I was working as a Branch Manager with Bharti Axa Life Insurance Co Ltd for Kakurgachi Branch (Kolkata) from 18-Sept-2014 to 22-Nov-2016.
Our East Zone Head who sits in our zonal office in kyd street has organised a zonal meeting from Sept 4-5, 2015 in Dee Empressa Hotel banquet hall (Kyd Street, Kolkata) which has been booked for the same.
On the last day of the meeting, that is 5-Sept-2015, me along with my other colleagues took lift from 5th floor as Lunch was arranged in ground floor restaurant. We were around 8-10 people in lift and all are employees of Bharti Axa, there were no outsiders. We all were attending meeting in 6th floor banquet hall with total around 25 Branch managers from across East, 3 regional managers, our zone head and HR head.
It was an automatic lift, and when we all are into the lift, the door closed and started moving. While in lift I never felt that the lift is free falling and suddenly between 1st floor & ground floor, the lift stopped with a huge sound and jerk, I fall down on my knees with sheer pain. The lifts door is half upward and half down. The door has been opened and me and others were dragged outside.
Then was taken to the nearest Mercy Hospital (park street) emergency ward, where pain killers were given, and Xray was done, which was showing no fracture but soft tissue injury with no further details. Suggested to come after 5 days for checkup.
After 5 days, I went to Fortis Hospital on 11-Sept-2015, met Dr.Gaurav Gupta and after MRI, it was found that I had multi ligament torn which is in extreme bad shape. My ACL ligament is 100% torn that need to be re-constructed; my LCL ligament completely disrupts, needs re-construction; and only PCL ligament is around 30% torn which will slowly heal. Major multi-ligament surgery of around 6 hours happened on 22-Sept (almost after 2 weeks of Incident).
As per doctor, I will take 8 weeks post surgery to start walking slowly, then total 12 weeks from surgery to walk normal. Have to go through rehabilitation and instructions for healing. Complete cure may not be possible but walkable only happen after 6-7 months from surgery.
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Till now, after 17 months almost, I am not fully recovered and my last Checkup, doctor said I will never be back to normal as I was before and will have limitations pyhisically. The damage that has happened to me is a lifetime affair now. I am still in a partial handicap or disability position with lots of physical challenges and limitations and always have a chance to get few of my constructed ligaments to get disrupted on any uneven situations.
I have all the medical proofs & documents regarding my injury & this event.
Its only me & my family knows the level of sufferings we had gone through from the date of accident to operations till now. I can’t today walk freely as knee still lacks balance, so have to be highly conscious always; If someone pushes me I won’t be able to keep balance & will fall; I can’t run & play with my kid neither can take her on my lap; I have to sleep straight on bed carefully keeping in mind that the legs didn’t get twisted; I can’t carry any weight more than 1kg; I can’t walk longer else it start paining severely; I can’t run nor even jog; Can’t walk smooth or fast; Can’t climb stairs normally; The LCL (Lateral Co-Lateral ligament) doesn’t have any guarantee & can get torn anytime; The stitch area still pains & have strange feelings when touched with some places have no sense; Currently my leg looks different much thinner in various portions, and has pain in various points; I am unable to do normal activities & is always at risk of getting damaged further.
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Prior to the notice I sent to the company, from December-2015, I have been following up with the company to pay me my medicine bills and physiotherapy bills post surgery. Initially company was denying to paythe total billed amount of Rs.1.07Lacs, after tremendous follow-up from my side, and last legal threats given to them, the company paid Rs.80000 on Feb-2016 to settle the medical bills raised of Rs.1.07Lacs.
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What I have done & what happened in between April-2016 till date:
1) I sent a mail to the Kolkata Police commissioner to help me in this regard to get compensation from hotel, where he forwarded the matter to SI in new market police station. The SI visited few times in the hotel for enquiries and told me to file a criminal case with Sec 156 clause 3 non bailable warrant
2) I have sent 3 notices to the hotel from my side demanding compensation of Rs.5crore, no response received
*3) Post company paid me Rs.80000 towards medical bill reimbursement, I have not done any further communication on this. But May-2016, the zonal head and HR issued me a PIP mail regarding my performance from Jan-Apr'2016 with target to achieve else will be terminated.
I send mail communications describing my physical situations my inability to give 100% to job due to limitations.
Without I forming they withdraw the PIP issued against me.
In July-2016 again they issued me again PIP mail stating to deliver target else will be terminated.
I have send a damage compensation notice to the company and its personnel's demanding damage compensation of Rs.3crores. After a month when I reminded them as not getting any reply, within 7 days, the HR issued me a "Show Cause Notice" mentioning that I am making frivolous claims against the company and strict action will be taken on me for making such demands and asked for an explanation. I then sent them a reply against the notice, Post that everything gets quite.
In between, the time frame for the PIP mail already expired as it was for the period of July-Aug-Sept'2016, and results should have been declared with whatever actionables timeframe was till Oct'16. Also, I was able to deliver the target given for that period, but one cheque of. Policy of Rs.2.25Lacs got bounced in August itself but there was no information to me from the company wide, so unable to understand the status. Later in November 1st week, I enquired and found that the cheque of 2.25Lacs got bounced in 1st week of August'2016 itself, and when charged the operation & finance team, they apologized for their mistake of ignoring the case and not informed me.
In mid of November, the zonal head and HR head calls me to meet. They raised the issue that due to the cheque bounce of 2.25Lacs during the period of JAS'2016, I am unable to meet the target as given in PIP mail issued in July'16, hence they will tarminate me. I repeatedly told that the cheque bounce information came late and the customer is genuine and I will get the same resolved. Post that day's meeting, I received mails for .Y Ter.inTion and ordered to vacate office immediately. There is a long mail trail on this matter but repeatedly they are saying that the business of 2.25Lacs case is not genuine else why it should get bounced, which clearly indicates that if that cheque doesn't get bounce, I would have come out of that PIP matter. I had to leave office on 22-Nov.
Also, the customer of that 2.25Lacs case made payment on 23-Nov'16 & send me the receipt also which proves my case was genuine which these zonal heads tried to frame as an ingenuine fraud case.
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Now What I want to do:
1) File case against both my company as well as the hotel for damage compensation
2) File criminal case against hotel as well as my company if possible
My company hasn't reported the incident to police when it has happened and that's a suppression of facts for which they can be held guilty also apart from damage compensation demand.
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I have all relevant medical documents of all hospitals, all company Y communication emails and documents etc.
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Request your feedbacks on the case and what could be done so that I get compensation from both hotel and company as well taking actionable against them.
Regards,
Santu Sen
Mobile: 9007804310
Ravikumar K S
27 March 2017 at 17:15
In an Incident, same transaction , 2 persons A & B are involved in case and counter, both are accused and complainants, suppose A chooses a particular lawyer to defend him. Can A be represented by the same Lawyer where he is the Complainant. Here, I am assuming that A wants to prosecute without the help of Govt Prosecutor.So Can the same Lawyer represent a person(as a complainant & accused)?
Rakesh gupta
27 March 2017 at 17:01
My wife filed divorce under desertion ground can i file counter objecting allegations and in prayer i too willing for divorce?
In this case how judge will continue case as both plea is same?
N Kumar
27 March 2017 at 16:14
What are legal implications of if one starts staying in a Live in Relationship with second partner , after initiating a divorce petition with wife ?
Tinku Tinku
27 March 2017 at 15:18
What is the legal meaning of supervision?
Can an officer be held responsible for the act of his subordinate whom he is supposed to supervise.
Eg: Can a shed appraiser who is supposed to do the supervisiom of a shed examiner in customs be held responsible if examiner reports him false in terms of quantity of the goods imported.
Role of shed appraiser: check classification, quality, and documents of imported items along with supervision of shed examiner.
Role of shed examiner: check description, weight, quantity and report it to his shed appraiser.
If shed examiner report the number as 7 instead of 17, is shed appraiser responsible for the quantity misreported to the higher authorities?
Aditi Tiwari
27 March 2017 at 15:02
Hello sir
Main Meri family bahut pareshan hai apne Chacha Ji se ! Mere papa 5 brother sabse bade mere papa Ji hai aur mere Chacha criminal reh chuke h ab wo jail se aaye to roz harishment karte hai abusing all of think ki Meri kehti Meri zamin mujhe dedo nh to main tum ko maar daalunga to sir plz bataya iska solution kese Kya kare ke ki mere Chacha ko property mil jaaye aur mere papa ko koi khatra n.a. ho mere Chacha se
indranil saha
27 March 2017 at 14:37
Sir previously i said about my divorce case .....as present situation my wife already awarded a maintenance of rs 7000 pm from lower court u/s 36 of SMA, I being dissatisfy again moved a civil revesion where i was awarded Rs 6000 pm and i am paying that til date . In this 6000 pm high court clearly break 3000 each to mother and my minor daughter . Now after 5 month she again filed a 125 Crpc against me and mentioned the High court order that she is not satisfy with 6000 rs and claimed enhance ment and as well as litigation cost . I already paid her a litigation cost of rs 15000 thousand .
My querry is sir can she claim enhancement in 125 crpc as well as litigation cost where already high court decided and awarded her with 6000 pm and a litigation cost of rs 15000 .
My lawyers are forcing and they said which ever is higher amount i have to pay that.
My dates are nearby pls help me sir
.adv indranil saha.kolkata.
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ATM fraud
I used ATM of my wife at about 3.30 PM on 26 -3-2017. In the ATM cabin two person are also present. I try to use the ATM but transaction was not completed. One of person told me that this is new machine I will insert your card and you will get money but he fraudulently get my PIN and handover me another card . After that I leave the ATM cabin and about 9.39 PM when I reached home I came to know from my wife's phone that RS 34000 has been withdrawn from my wife's ATM. I also file written complaint in the police station next day about 10 am. How can get my money back from bank because police is saying we are not in a position to catch these people. Kindly help me to get my money back. Thanks for valuable suggestions