LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raju bhai   14 December 2016 at 22:49

Can a company compell me to work above 8 hours in aday ?

I am a employee of V-MART RETAIL LTD.,Raxaul (BIHAR)as a sales man since 22-04-2016 . In my appointment letter a collum is narrated as terms and condition ,"You are expected to devote your time & efforts to the business of the company and work for the required number of hours in a day /week/month as applicable in terms of local state laws."

According to the above terms & condition the company is taking a duty of ten hours per day till this date from beginning and now compelling me to do work for twelve hours per day without any over time payment . Company pay me a salary of Rs:4,500.00 per month .

I want to know (1) What is a minimum salary of a staff like me ? (2) Can a Company compel a staff to do work above eight hours without overtime payment ? (3) What should I do in above conditions with legal way ?

jaisaad   14 December 2016 at 22:24

Interim maintenance

CAN ONE PAY INTERIM MAINTENANCE UNDER COURT PROTEST UNDER HMA LAW HERE PROTEST MEANS CUSTODY OF COURT SO THAT WIFE DOESNT TAKE OUT MONEY TILL THE FINAL ORDER THIS WILL SAVE LOTS OF DIVORCES AND WOMEN AND INLAWS WILL THINK 100 TIMES BEFORE FILING FALSE DIVORCE CASE AGAINST HUSBAND

Member (Account Deleted)   14 December 2016 at 19:11

In support of kumar sir

Why is my favourate Kumar doab sir not in top ten of hall of fame list. :( :(

I would love to see him in top ten list Asap

God bless everyone

Abhijit ppp   14 December 2016 at 19:08

Money decree, insolvent application

Hello Sir,
1)Plentiff filed suit for Specific Performance in civil court.
2)Court ordered money decree in favour of Plentiff.
3)Plentiff preferred appeal in High Court.
4)Defendent got notice and appeared through lawyer in high court.
5)During hearing, due to change in rule below 1 Cr. matter got transferred to District court, without any order in matter.
5)All the process took 3 years from judgement.
6)Defendent appeared before ADJ.
7)50 days after appearence defendent gave Application to declare him Insolvent(pending for arguement and order).

Now, What are the options for Plentiff to get relief.
Please Guide.

Anand Jha   14 December 2016 at 17:46

Services used for exporting goods

We are Edible & Non Edible Oil Manufacturer.

1.We are exporting non edible Oil and

2.The bye product (DOC) from edible & Non edible oil is also exported as well as sold for Domestic consumption.

For Packing and product handling, we have engaged contractor some of them have been engaged, on piece rate basis and some of on mandays, Now the Question arise whether the Service Tax payable on :

1) the Labour services used in factory for Non-edible Oil which is 100% exported?

2)the labour Services for product handling in factory used for DOC which partly exported?

3) Packing & Filling Activities of edible oil, which is sold to domestic consumer?

lordofrings   14 December 2016 at 17:46

Query in 498a

Hi
Need your expert opinion on the following situation that I am going through -

1. Wife filed 498a
2. Then she filed application under CRPC-91 for return of "streedhan".
3. In the "streedhan" application, she wrote that she brought xyz things with her, then she wrote that we started harassing her and asked her to bring more (gold/money).
4. On the date of hearing, even before the judge could hear the application, we mutually agreed to return each others stuff. She returned to me what I gave her, and she took from me what she had brought.
5. Then we jointly gave an application that "without going into the merits of case, we exchange each others stuff and would like to withdraw this application". Judge then disposed the case.

Question -
Now, since we returned her stuff and withdrew the case without challenging her allegations like "we harassed her for dowry", does it mean that we accept all her allegations? Does this AUTOMATICALLY make us guilty under 498a?

namdev kadam   14 December 2016 at 16:25

Affidavit sign before SPL exe magistrate in 2004

My wife bro declared thru affidavit that their younger batchllor brother died intestate hence his property,they are only heirs now he sold room and also died then affidavit binding on his heirs to distribute share of room to other heirs.

Member (Account Deleted)   14 December 2016 at 16:02

False evidence produced in court

hello respected team lawyersclubindia , a false evidence(Document) has been prepared and produced in court in her dovorce case and 498a case by my bhabhi.
what sort of punishment can she get or not after producing such false evidence in court on oath.
Our lawyer said that under section 340 of crpc, she might be booked, but he never gave us clear picture. plz guide us

Member (Account Deleted)   14 December 2016 at 15:23

Loan recovery from bank

Dear Sir

My Father had taken agricultural loan of Rs.20,000/- from Bank of India (Ratnagiri Branch) in the year 2006 but the same is not known / inform to us (family members). In the year 2012 my father is expired. In the year 2014 suddenly the branch manager from above mentioned branch inform me about this loan through my friends in my native place. after few days I visited the branch & had meeting with the branch manager. I asked branch manager to issue notice to me (for loan recovery) or give me in writing the details of loan but he denied for the same. in the last 10 years (from the date of loan taken) we have not received any notice from bank for the recovery of loan/ installment.while discussion branch manager told me that this loan was wrongly treated / accounted in our system & it was not showing in our loan account & during the audit it is come to know. today the branch manager had came to my house & he was insisting my mother to sign some papers. now the bank is insisting to pay Rs. 46000 (20000 principal + 26000 interest)


Please advice on below points
1) How can i make sure that loan was taken by my father
2) how can bank wait till 10 years without recovery of loan
3) how can I check if government had waive off agricultural loan taken from farmers but because of bank mistake this loan was not waive off.

Thanks





shamsher singh dhillon   14 December 2016 at 14:50

about 138 check bouncing

ਮੈਂ ਇਕ ਕੇਸ ਧਾਰਾ 138 ਦੇ ਅਧੀਨ ਚੈੱਕ ਬਾਉਂਸ ਹੋਣ ਕਰਕੇ ਕੀਤਾ ਜਿਸ ਵਿਚ ਜੱਜ ਸਾਹਬ ਵੱਲੋ ਮੁਜਰਿਮ ਨੂੰ ਇਕ ਸਾਲ ਦੀ ਸਜਾ ਹੋ ਗਈ। ਜਿਸ ਤੇ ਮੁਜਰਿਮ ਨੇ ਮੌਕੇ ਤੇ ਅੰਤਰਿਮ ਜਮਾਨਤ ਕਰਵਾ ਕੇ ਉਪਰਲੀ ਅਦਾਲਤ ਚ ਅਪੀਲ ਦਾਇਰ ਕਰ ਦਿੱਤੀ ਅਤੇ ਬਾਅਦ ਵਿੱਚ ਹਾਜ਼ਰ ਨਹੀਂ ਹੋਇਆ। ਉਪਰਲੀ ਅਦਾਲਤ ਨੇ ਅਪੀਲ ਖਾਰਜ ਕਰਕੇ ਸੀ ਜੇ ਐਮ ਕੋਰਟ ਨੂੰ ਮੁਜਰਿਮ ਤੇ ਕਾਰਵਾਈ ਕਰਨ ਦੇ ਆਰਡਰ ਕਰ ਦਿੱਤੇ। ਪਰੰਤੂ ਅੱਜ ਇਕ ਸਾਲ ਗੁਜਰ ਚੁੱਕਿਆ ਪੁਲਿਸ ਮੁਜਰਿਮ ਨੂੰ ਗਿ੍ਫਤਾਰ ਨਹੀਂ ਕਰ ਰਹੀ ਜਦੋਂ ਕਿ ਮੁਜਰਿਮ ਪੰਜਾਬ ਪੁਲੀਸ ਚੋਂ ਰਿਟਾਇਰ ਕਾਂਸਟੇਬਲ ਹੈ ਅਤੇ ਬਡ਼ੇ ਅਰਾਮ ਨਾਲ ਆਪਣੀ ਪੈਨਸ਼ਨ ਲੈ ਰਿਹਾ ਹੈ।ਸੀ ਜੇ ਐਮ ਕੋਰਟ ਵਾਰੰਟ ਭੇਜਦੀ ਹੈ ਪਰ ਸਬੰਧਿਤ ਪੁਲਿਸ ਅਫਸਰ ਦਾ ਇਕੋ ਜਵਾਬ ਹੁੰਦਾ ਹੈ ਕਿ ਮੁਜਰਿਮ ਮਿਲ ਨਹੀਂ ਰਿਹਾ। ਜਦੋਂ ਮੁਜਰਿਮ ਉਹਨਾਂ ਦੇ ਮਹਿਕਮੇਂ ਵਿੱਚੋਂ ਹੀ ਪੈਨਸ਼ਨ ਲੈ ਰਿਹਾ ਹੈ। ਇਸ ਦਾ ਕੀ ਹੱਲ ਹੈ। ਮੁਜਰਿਮ ਕਿਸ ਤਰਾਂ ਗਿ੍ਫਤਾਰ ਹੋਵੇਗਾ। ਕੀ ਉਸਦੀ ਪੈਨਸ਼ਨ ਬੰਦ ਹੋ ਸਕਦੀ ਹੈ। ਜਾਂ ਸਬੰਧਤ ਪੁਲਿਸ ਅਫਸਰ ਤੇ ਕੋਰਟ ਕੋਈ ਐਕਸ਼ਨ ਲੈ ਸਕਦੀ ਹੈ?