jitendra patnaik
12 February 2017 at 10:03
An advertisement company grabbed a huge amount from public and public has filed fir against the md and employees. Employees are arrested by police and got bail. The main accused the so called md of the company was also got bail.
Now can the employees of the company file a pil for quashing the cases against them? Because they are just employees and even not got their 3 months salary but suffered with criminal charges.
If it is possible then please guide in detail how to file pil. Also requested to mail me the details please.
jittupatnaik29@gmail.com
Regards to all
Bhanudas
12 February 2017 at 09:41
Greetings for the day,
Hii Sir, Am Bhanudas Desai.
Living at mumbai
Having small 12 land pieces at ratnagiri sangmeshwar in kondye village
In my 7/12 extract & 8A, there are total 6 family members (after marriage names added in 7/12)
My uncle - unmarried - who is no more
My two aunties - both married - expired 5 years ago
My two real sisters - both married - also no more
As last member my name is added, my age is 58+
Am not having death certificate copies for all these family members as we were not in touch with any of them
So I required your guidance, How to proceed ahead & also wants to know whose names will get added if I go for 7/12 extract & 8A updation at talathi office
Regards,
Bhanudas Desai.
Mumbai
RANGWANI KISHORE
12 February 2017 at 08:53
Sir I wish to know about the applicability of LBT by Navi Mumbai Municipal Corporation on transfer of flat ( in Navi Mumbai) within family on registered gift deed without any consideration.
yeteendra naidu
12 February 2017 at 02:21
Sirs,
I stood as a guarantor to my friend and colleague for a chit amount of Rs2,00,000/- I retired after a year and in the second year my friend died of cancer. His daughter and wife are co-guarantors for the same chit. Within six months his daughter got a job in USA and left the country and his wife when contacted said that they sold some plot and got Rs.35,00,000/- and promised to clear the outstandings but when I called her again a few days back her phone is continuesly switched off and she changed her residence too. Now the chit company people are behind me to clear the dues.
Please guide me how to go about recovering the amount from the NRI daughter in USA, how to get her address, etc. Can I file a suit against her or her mother whose addresses/whereabouts are not known.Can I lodge a police complaint for cheating or any other suggestion to recover the chit money.The Chit company has already served me a notice.
sachin agarwal
11 February 2017 at 22:46
As far as the fact regarding the recording in tape recorder is relevant under the electronic evidence is concern, the plea in this regard has already been rejected regarding the admissibility in evidence in case of kidnapping for ransom. We are the evidence of witness was that they had received telephonic calls demanding one crore as ransom money for release of victims. Where audiocassettes containing records of conversation in which demands for ransom was raised as well as pre-recorded request for release was seized by the police officials. As far as the law's concern, there is a precondition is essential for tape-recording to be admissible in evidence, under the evidence act, 1873, not satisfied hence the conversation recorded in tape records cannot be relied upon.
Venky
11 February 2017 at 22:45
Dear Sir/ Madam,
I already resigned my and in notice period. I have worked on govt holiday and took my comp off next week. But my manager gave me a notice saying I will extend my notice period. If my notice period is extended then I have loose my other company job and current job also.
Request you suggest me in this case.
sachin agarwal
11 February 2017 at 22:36
An order passed by authority without extending any notice or opportunity to the party concerned, is liable to be quashed being violative of principles of natural Justice.
As far as the service of notice is concern, it can be said that without following the rule of natural Justice during the enquiry under section 7A, 14 B, the such inquiry cannot be sustained in the eyes of law. There are a little bit of chance to hold the enquiry justified if in their case there is any notice issued by the authority to the aggrieved person and aggrieved person could not attend the hearing intentionally therefore there is no violation of rule of natural Justice. But if there is any factual as well as legal mistake, error on the part of the enquiry officer regarding the service of notice is clear-cut violation of rule of natural Justice. Hence the total enquiry is unjustified. If there is any provision under the act or law regarding the intimation of inquiry should be given to the person who is eligible to join the enquiry should be given in accordance with the provisions thereunder and without following the provisions the enquiry must be no force of law and same is liable to be set aside.
There are certain obligations not only upon the part of the enquiry officer but also to the aggrieved person to perform their part in accordance with the provision of law and without performing their duties in terms of the law, then the enquiry is not sustainable in the eyes of law.
Advocate Rajiv Mishra
11 February 2017 at 22:28
Sirs, 156(3) application has been rejected by concerned magistrate on 14/6/2014, just after a year the same application was filled in the same court hiding the previous one but this was also rejected on the ground of none present.
Now the same applicant with the same lawyer filled the same application in the CMM court saying that the previous one was rejected on non present ground. This time the applicant again concealed the first application and the rejection order.
I'm the proposed accused.
Is application under 156(3) Cr.p. c. Can be filled repeatedly after rejection?
Do I have any remedy?
sachin agarwal
11 February 2017 at 22:26
There are certain guidelines for holding enquiry under section 7A of the EPF act, 1952 while deciding as to whether the pygmy agents working for the bank are employees of the bank and same are liable to be covered under the act, 1952 or not
in this regard. It is pertinent to submitted that while holding an inquiry under section 7A of the act, 1952 by the enquiry officer. There are certain guidelines issued by the Bombay High Court, such as the EPF authorities should collect necessary documents by inspection of records of the establishment/industry, it direction to the management to produce the document as may be found necessary, should be issued whenever the EPF authorities realise that the management is holding back certain documents.
The appointment orders/contract letters or agreement in between the bank and the pygmy agents/deposit collectors should be made available for scrutiny and should be taken into consideration.
Based on the above documents, the EPF authorities must adjudicate on the following are acts like 1. Whether the contacts/appointment orders have a semblance of employer- employee relationship, 2. Whether there is any supervision, control and direction of the bank over such agents, 3. Whether these agents are under an obligation to work only for a particular bank or its branches, 4. Whether these agents are permitted to work elsewhere or undertake any other business, job, profession or calling, 5. Whether such agents are primarily depend upon the work of collecting deposit for a particular establishment.
Interrogate the pygmy depositors to elucidate information about their exact nature of duties.
Based on the documents and an analyses upon considering the above mentioned factors, the APFC will have to arrive at a conclusion supported by regions. That such pygmy agents can be termed as "workmen"and share employer- employee relationship with the bank and are being paid wages disguised as commission. The said commission amount would then be termed as basic wages under section 2B of the act, 1952
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cheated by girlfriend
Dear lawyers...I had a relationship with a girl more than 7years...with physically also.I have spent lot of money to her..she cheated me in the name of love.and also she had phone contacts with other guys without my knowledge.and also she went to movies with that guy without my knowledge while she is in relationship with me.know she is Africa for a job.and I am in Saudi Arabia for my job..her flight was on 10/09/2015..and she had contact with me upto 08/09/2015..after that I don't know what to her..but now she is saying to her parents that she will not marry me..not only this I have cheated a lot buy her.i have photo proof,mail,voice records,facebook records etc..but still I am loyalty to her..I need justice..can I file case against her....and what is the ipc section against her.