Snmurthykala
15 February 2017 at 08:28
Sir,
We see a ray of hope!
This is to bring to your kind notice that I served in an NGO Hospital
for 6 years and resigned 9 months ago. My salary breakup was as under:
Basic Rs.6660-80
HRA Rs.2664-32
Special Pay Rs.7326-88
--------
Total Pay Rs.16652-00
--------
I request you to clarify as to whether the "SPECIAL PAY" be considered as "GRATUITY" calculation component since my ex-employer stating that 'Special Pay' cannot be considered as part of Gratuity Component hence, will be calculated
on the basis of the 'Basic' only.
Kindly advice terminology 'Special Pay' be considered in the absence of the terminology 'Dearness Allowance'. Look forward your kind support and clarification that will benefit about 250 employees those who are working in the hospital never ever aware of the Eligibility Criteria of Gratuity.
Best regards,
KS Murthy
Sashi Kumar
15 February 2017 at 07:36
I signed a sale agreement with a buyer In Feb 2012.
The Sale Agreement was Not Registered.
Buyer paid 10% deposit at the time of sale agreement.
Buyer agreed to pay 1st payment of 20% within one month.
Buyer did Not make the 20% payment before the agreed date saying that title is not clear.
I sent buyer notice letter to pay the 1st payment of 20%.
Registration of deed & Full & Final payment was due within 4 month.
Buyer did not pay 20% and the balance full & final payment before the specific date agreed on the contract.
I sent cancellation notice to buyer cancelling the contract and according to the forfeiture clause in contract, I forfeited the 10% deposit due to non performance of buyer.
In Jun 2015 I gifted this property to my children through gift deed.
Now in Feb 2017 I received Court Summon, that buyer has filed a specific performance suit against me, to sell the property or pay buyer 4 times the deposit which includes interest and damages. It shows buyer submitted documents for suit in court in April 2015 but After 2 years I received the Summon.
I have a Question:
I don't own the property anymore because it was transferred in Jun 2015. Does the buyer still have any right to claim specific performance on the property which I don't own?
Under what circumstances can the buyer claim anything on this property?
Rovi Singh
14 February 2017 at 23:41
In October 2015, I filed a MACT case against an army truck driver who killed my brother. I hired a lawyer who said he would take 20% commission from the compensation(I would get) as his case fee. Now, it seems I am on the brink of losing the case and there is a hearing next week that might be the last hearing. But now, my lawyer is threatening me by saying he won't attend the hearing unless I pay him Rs 1.5 lac. What should I do now?
kumarjainn
14 February 2017 at 23:39
sir
I have posed this qs earlier also in the year 2011 now I am again coming with new question in this judgement in my case No. 4545/2000, Delhi High Court.
I was not considered for promotion in the year 1998 from the post of Sc.'C' to Sc. 'D' due to wrong implementation of the rules. I filed a case in CAT. Finally in the year 2011 i succeeded in High court and the judgement was delivered as below. However in the meantime I got promoted from Sc. 'C' to Sc'D' in the year 2001 and subsequently I got promotion as Sc. 'E' and Sc. 'F' . there is contradiction in para 8 and para 9 of the judgement. The last two para 8 and 9 of the judgement are given below:
Para 8.Since the petition filed by the petitioner succeed on this ground itself, it is not necessary to deal with the other contention rested on the retrospective operation of the said rule. Accordingly
W.P. (C) 4545/2000 Page 12 of 12
rule is made absolute. The impugned judgment dated 1st May, 2000 passed by the Central Administrative Tribunal is hereby set aside. The O.A. filed by the petitioner before the Tribunal is allowed. As a consequence, direction is issued to the respondent to reconsider the case of the petitioner by holding review DPC and if found suitable for promotion, the petitioner be accorded promotion to the post of scientist "D‟ with effect from the date his juniors were promoted on the basis of Internal Screening Committee which was held on 1st July, 1998.
Para 9. We are informed that the petitioner was subsequently given promotion to the post of scientist 'D‟ w.e.f. 1st July, 1998, he shall be given arrears on repromoted post from 1st July, 1998 to 30th July, 2001 and shall also be entitled to consequential benefits of seniority and promotion etc.
10. Since the respondents have not appeared, no order as to costs.
(A.K. SIKRI) JUDGE (M.L. MEHTA) JUDGE JULY 7,2011 skb
Note: there is a typing error in para 9 in place of (w.e.f. 1st July, 1998 it should be 1st July, 2001)
From the above it is clear that Paara 8 and 9 are contradicting. Paara 8 says that to consider my case for promotion in the year 1998 on the basis recommendation of the review DPC.
And para 9 says to as I am promoted in the year 2001 I should be given promotion w.e.f. 1998 with arrears and consequential benefit. That is Review DPC/assessment is not required.
The department implemented Para 8. I was directed to appear before the Review DPC for the year 1998. Then I received a letter intimating me that the review DPC did not find me fit for promotion in the year 1998. I was not given promotion from the year 1998 etc.
The department implemented the para 8 of the judgement no doubt. fine
But department has not implemented the Para 9 of the judgement according to which since i was promoted to the post of Scientist 'D' in the year 2001 I should have been given promotion from the year 1998 with arrears and consequential benefits.
This para does not ask for the views of review DPC. The result of 2001 has to be implemented with effect from 1998.
Thus Para 9 of the judgement has not been implemented. IS it a fit case for filing contempt of court or not. If yes,
can I file contempt for not implementing para 9 of the judgement now after a delay of five years. pl advice.
In fact department should have implemented para 9 of the judgment which is final para of the judgment. In case department department wishes to implement para 8 it should also implement para 9 of the judgment. my contention is Not implementing para 9 of the judgment is contempt of court.
Tek Chand
14 February 2017 at 22:46
I have filed an appeal under PP Act in the District Court, PH courts against recovery order against me passed by estate officer. Can I request the court for referring the matter to mediation cell.Other party is not keen. Also, do parties have to bear any expenditure for mediation. Kindly guide me about it all.
Snmurthykala
14 February 2017 at 21:25
Sir,
I served in one NGO Hospital for 6 years and resigned 9 months ago. My salary breakup was as under:
Basic: Rs.6660; HRA Rs.2664; Special Pay Rs. 7326/-.
While settling the gratuity payable, the Management has not been considered the 'Special Pay' saying that 'Special Pay' cannot be taken into account while calculating the 'Gratuity' which will be calculated on the basis of 'Basic' only. Kindly advice as to whether the 'Special Pay' be considered in the absence of ' Dearness Allowance '. Kindly clarify.
KS Murthy
Niraj
14 February 2017 at 21:10
Sir,
My brother in law was recently died. He had jointly shared ground and first floor home measuring 70sq yrds with his brother. After death of my brother in law his brother is trying to take 100% share and trying to sell the home without giving share to widow. After consultation of a layer, advised me to file a division petition in civil court and court fee will attract 5% of circle rate of the area of 35 sq yrd i.e approx. Rs. 80000/- as court fee.
I am unable to pay the hefty court fee.
Kindly guide me how to induct the name of widow in registree paper and his brother can not able to sell the home.
with regards thanks
V. G. KRISHGOPI
14 February 2017 at 20:30
Dear Sir/madam,
A Couple (Adjacent resident) occupied my land. a civil case has been filed on them. to threaten me they gave a false case on me that i have tared her cloth and came to kill her with a sharp iron rod. the cop filed FIR on me. they have not produced any medical certificate or show any injury to the cops and to the court after investigating the cops closed the file saying mistake of facts.what legal action can be take against them for giving a false case against me.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
NI Act
I filed a complaint u/s 138 against company and its directors but the magistrate issued summon against director and not against company although company was made party no. 1 in complaint. The magistrate also did not mention any reason for not issuing summon to the company, in his order. Please advise, whether order against only the director is legal. What remedy available to me.