Aleem Ahmad
26 April 2016 at 03:10
Hi All, first of all thanks to all expert who have been continuosly addressing queries from people. I have bought a land from a harijan and only registration has been done so for since it cannot be kharijdakhil to a general caste ppl.I was not aware of it . This was first time i bought a land. Need your assistance to proceed further to understand new law and to get it kharij dakhil. I am a lehman in this field. Pls help
ANIL SHIVDASAN
26 April 2016 at 02:50
Hi,
My name is Anil Shivdasan. My Son Vikram Anil worked in THE FIRM, Vashi as an Intern for his 4th Year Project in B.Architecture.
There was an Interview and then a Written Note from HR Head saying a Stipend of Rs.10000 would be paid monthly.
Every month my Son requested the HR and the Bosses to pay the Salary. But this request only fell on deaf ears. They Ignored all his requests and continued to Exploit his services without being paid.
I would like to know what can be done in this Matter ? How should I proceed to address this Act of Corruption on the part of the Employers.
I have been communicating with the HR and even had Personal Talk on the Phone with both the Directors. They are Ignoring all the Calls and Requests and continue to hide behind the HR Person.
I would like to teach the Directors of THE FIRM a Lesson. Please advise me on the best way forward so that we can Recover the Money from them.
Thanks.
Anil Shivdasan
shivdasananil@gmail.com
97693 94884
VInod
26 April 2016 at 01:02
Before 3 and half year of due to our dispute we become separate and she filed 498A , 325 , 323 , 406 and
125 against me.Because her extra marital affair with evidence, i don't want her to back in my life , I
am facing court trail from that time , .I have a boy child of 6 years who lives with her, i came to know
that before 1 Month ago she marries with another guy and living with him as her wife ... and even she
demanding settlement money to me to clear all court matters on me, I know where she go for second
marriage , i know the place with whom she lives but i dont have any physical proof of her second
marriage , Please Guide me What can i do to come out from all the matters and legally divorce from her
.., She goes with second husband and my child is at my father in law's place , they are not giving
custody of my child to me , they want settlement money to give my child back ,,, what can i do legally
to get divorse from her and get back my child , please guide me ....
The Wild Beast
25 April 2016 at 22:40
We are bengalis. She is my Paternal Uncle's daughter. We both want to marry and have a good life. Kindly advise us how we should go about this to protect our relationship from our parents.
Anonymous
25 April 2016 at 22:13
Hi,
My mother who is owner of some immovable property, which she wants to divide between me and my brother, as we are her only legal heirs. My brother is a mental patient. My mother inherited the property from my father who had expired few years back, through relinquishment deed from both me and my brother. Now she want to divide the share amongst me and my brother and i believe there are two ways to share the property. One is through WILL and other through registered Gift deed. Gift deed is a very expensive affair. Now since my brother's behaviour is very unpredictable and i suspect that in case we get the will registered, my brother may get me into trouble while executing the will. Can you suggest some good means to inherit the property without getting into much of issues?
Thanks.
AJ
25 April 2016 at 22:08
Can tenant of pagdi property, gift it to his two sons via gift deed? If yes, then is it irrevokable?
Syed Sadiq Hussain
25 April 2016 at 21:34
A peculiar case pertaining to Service Matter of a retired employee of judiciary department of Karnataka State.
The employee was placed under suspension and ordered to be retired from service compulsorily as a measure of penalty while he was under suspension. The competent authority had ordered for extending him full Pensionary benefits.
In the meantime, pay scales of Karnataka Government Employees were revised with effect from 01/04/2012 as per the Karnataka Civil Services (Revised Pay) Rules, 2012. Unlike the Central Civil Services (Revised Pay) Rules, 1997, it is the mandate of the aforesaid rules that; the pay of every such Government servant who was in service as on the date of coming into force the said rules shall be fixed in the revised scale from 01/04/2012 and no option is required to be exercised by the Government servants for being governed by the revised scales. The Interim Relief and the entire Dearness Allowance sanctioned up to 01/01/2012 was ordered to be merged in the pre-revised basic pay and the payment thereof was discontinued with effect from 01/04/2012.
The Principal District and Sessions Judge was the authority competent to fix the pay of retired employee in the revised scale and thereby to accord the sanction for the payment of Pensionary Benefits to him. Accordingly, said authority had fixed the pay of the said employee in the revised scale and sanctioned the Pensionary Benefits computed on the basis thereon. Thereby, the proposals for authorisation of payment thereof were sent to the Accountant General Karnataka.
The Manual of Standard Orders, Vol.-I issued by the C & A. G. of India envisages that;
“14.6 Pension payments must be authorised strictly in the terms stated and to the persons named in the sanction order. Accountant General have no authority to discuss or enter upon any question relating to succession to or division of, or claims to pension……………….”
Further, the Manual of Pension Verification, 2006 of the Accountant General Karnataka stipulates the condition precedent that;
"2.16 Scope of check of entries in Service Books. –
………… ………… It would be sufficient if the pay fixed in different scales of pay during the last one year preceding the date of retirement only is checked.
………… …………………… …………………………… …………… ……………… ……… ……… ……… ……… ……….. ……… …………
In superseding the above paragraph partially, it has been reiterated that the Headquarters’ office instruction of limiting the check of verification of pay of a Government servant in different scales of pay during the last year of service only. If on verification of such pay an error in pay fixation is observed, then notices to that effect has to be issued to the Department and the retired official concerned. If no communication is received either from the Department or the retired official, a portion of DCRG withheld for the purpose may be released duly ordering recovery of excess paid pay and allowances.[Authority: Section Order issued by PM Section in No. PM/GI/F 6(ii)/2004-05/378 dated 17-Nov- 2004.]
It has been clarified by the Comptroller and Auditor General of India that any wrong fixation of pay is noticed during Local Audit, even after retirement, has to be brought to the notice of the appropriate authority for taking remedial action.[Authority: Circular No. PM/ G.I/ F-6 (iii)/141 dated 12-Jul-1993]"
But, quite contrary to the above, the Accountant General, Karnataka had annulled the statutory sanction of Pensionary Benefits issued by the competent jurisdictional authority in favour of the retiree and unilaterally re-determined the quantum of the Pension, DCRG and CVP etc. on the basis of his pay in the pre-revised scale.
The retiree had filed a Writ Petition before the Hon'ble High Court, impleading the Distrit Judge (Pension Sanctioning Authority) and the Accountant General, Karnataka as Respondent-1 and Respondent-2 respectively. The WP came to be allowed by the Hon'ble Court with the following orders;
"Accordingly, the impugned order Annexure-F stands quashed. The 2nd respondent is directed to fix pension of the petitioner based on revised pay scale which came into effect from 1st April 2012 as per rules."
Thus, the validity and legal sanctity of the Pension Sanction order issued by the Respondent-1 (District and Sessions Judge)came to be upheld by the Hon'ble High Court (Single Bench).
But, both of the Respondents in the aforesaid WP had preferred the WA before the Hon'ble Division Bench of the High Court which was dismissed.
It is only after filing of Contempt Petition by the Writ Petitioner against the Respondent-2 in the WP and Appellant-2 in the WA, namely the Accountant General, Karnataka, the judgement of the Hon'ble Single Bench was complied with not latter than 30/07/2015, the date of affidavit of the accused contemnor, in its letter and spirit.
This elaborative explanation is made in the wake of filing the SLP before the Hon'ble Supreme Court in the first week of this year, jointly by both of the Respondents in WP and the Appellants in the WA, against the already implemented judgement and order of the Hon'ble High Court and having obtained an Interim Order from the Hon'ble Court, staying the operation thereof.
As for as my knowledge is concerned, the Principal District and Sessions Judge had no locus at all to prefer the WA before the Hon'ble Division Bench of High Court of Karnataka against such of the judgement of the Hon'ble Single Bench which had authenticated the validity and legal sanctity of the Pension Sanction accorded to the Writ Petitioner, since the said sanction order is construed to be merged in the judgement.
Thereby, the Accountant General, Karnataka had implemented the said sanction order by releasing the entire amounts as were sanctioned therein consequent upon quashing his unilateral order by the Hon'ble Court.
Therefore, this panel of the learned experts may be pleased to enlighten me about the conduct of the Petitioners in filing the SLP before the Hon'ble Apex Court.
I would make it clear that my case is fully covered by the judgement and order of the Hon'ble High Court rendered in the above case, except the difference that the Writ Petitioner in that case was placed under suspension whereas I had remained absent from duty without obtaining prior sanction therefor.
The Accountant General, Karnataka had given me a written information that the judgement and order in the above case have not reached the finality. As such, I will not be in a position to approach any forum, much less the jurisdictional court of law, in my case the Hon'ble Administrative Tribunal.
Please do clarify me as to whether it is legally permissible for me to approach directly to the Hon'ble Supreme Court.
Pankaj
25 April 2016 at 21:32
Please help me to provide Divorce Decree format... Please its urgent...
Sunandhan
25 April 2016 at 21:08
Greetings to All!!
Query:-
(Mr A) holds a property jointly purchased along his two brothers(Mr B and Mr C) in 1975.
In year 1994 mr B expired who was just a sleeping owner with no possession and to title in the premises except his name in the sale deed.
Since In 1994 Mr.B expired and since mr. A was in the possession of the constructed factory in the premises,mr C also gave the power of attorney to mr A as he was also not involved in any affairs related to the titled land.
however in year 2007 widow of mr B filed a suit against Mr A claiming the share in the land as legal heirs of the deceased (Mr B).
Please confirm is his suit admissible?as the land was jointly held (jointly tenancy) How strong is the case of Mr A.
regards
Sunandhan
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Bond issues with employer
I joined a Company in June 2014, as a trainee. During my joining time, I signed a bond with the Company for 500 working days. At that time, my HR told me that I need to undergo training for 6 month least and after I successfully complete the training I will be confirmed as a regular employee and from that time my bond period starts.
So with a confidence, I started my carrier there. And I have submitted the below mentioned document and then signed the bond and the training started on June 5th.
1. My 12th std certificate.(Original)
2. My Diploma Certificate (Original)
3. My Previous Company experience certificates.
FYI, I worked in three different companies previously and this is my fourth company. And I do have 8 years of total experience before joining this company.
After I went into the training process, one trainer was there. He used to provide training on a regular basis. But after two month, my trainer left the job and joined another company. So from that point the issue started.
After my trainer left the job, they haven�t recruited any persons or trainers to train us. So, we use to go to office and sit simply and then come back to home. After a month, my process manager use to provide some mock files and we use to do the mock files, that too is for certain period of some time.
After completing four months, due to some issues with the Management, all of my seniors left the job in a whole. Say like 20 members at a time. Then after that, they ran short of employees, and they turned their head towards us.
The Manager came to us and asked us to take live files and start doing it. So with no, option left, we started doing that. During that time, we did provided some earnings to the company. So it went like that for next two months.
So after completing six months, we went to our Manager and inquired about when we will be placed in production. He said you need to wait for another 3 month and then we will be placed into production. Finally after a big fight and struggle they�ve placed us in production after 9 months. Even during the training process, we generated revenue for the company. Say like, we have achieved more than half of our training salary during that period. But we haven�t provided any incentives.
After we move into production, we will be fixed a target and we need to achieve the target to get the salary. That�s the pattern, means, variable pay. But we faced a lot of issues during our one-year tenure in RND.
1. Unauthorized Deductions from my salary.
2. Lot of hidden deductions from my salary.
3. Not showing the deductions in our pay slip.
4. Not providing pay slip for more than three months.
5. Not providing Salary Annexure, even after completing the training.
6. Even they will be taking a print out of the pay slip from HRMS link and they�ll seal that and sign. It�s a disaster.
7. No answer from the HR department, even after we inquire them about the deduction.
8. Extended working hours. (I.e. 12 to 16 hours)
9. Even if we don�t have job to do, we need to sit simply for 9 hours.
10. No proper food (In terms of hygienic and cost)
11. Lot of hidden deductions
12. No proper Pay slip
13. No proper confirmation letter after training.
14. No proper transport facility during the night shift.
15. No RELEVING LETTER ( HR will provide his e-mail id and will ask the new company HR to contact him for any verification process)
16. Infrastructure, I will rate 1 out of 10 for this company.
Due to the above mentioned issues, I decided to move out of the company. So I went to process manager and I have placed my papers for resignation. After that, he asked me to be in Notice for three months and asked me to pay 30,000 to get my certificates.
Now I have joined another company, and I want to legally take actions against them and want to get certificates too. They are spoiling lot of youngsters carrier and life there. So request you to guide and help me to sort this issue out. But, I�m very clear in my stand and I want to take some legal actions against that company for sure.
Thanks & Regards
Kapil.