Harpreet
25 April 2016 at 17:20
My tenant filed a false complaint against me.As a result of which FIR u/s 354A/506/509/34 was registered...Basic facts of the case is that I told her orally no of times to vacate the house but she refused to do so..At last, I sent a legal notice from my lawyer seeking eviction of the said house in terms of agreement by giving one month notice to the date of expiry of registered rent deed.On receipt of the said notice ,another day she filed a false complaint..Now with the help of common people she decided to withdraw the complaint...Till now chargesheet has not yet filed and I have not yet hired a lawyer.What is the right procedure to withdrawn the FiR at this stage.
Police officer told me an affidavit is to be filed at police station by her stating the she is withdrawing the case,duly attested by notary on ₹10 stamp paper or she can apply to court for withdrawl of complaint under section 257 CrPC..
So is this right..If yes ,then with which one I should proceed ?? Or
Is there any other procedure..
Thank you...
tulsi
25 April 2016 at 17:20
i am from pune.habving dispute with company in 1 sep 2012 ..in agreement there is a dispute resolution method by arbitration ...but till today as company filed cheque bounce matter and still it is pending in delhi court..
company not processed any arbitration process till date i.e. 43 month ... my query is that if they processed arbitration , is it time barred ? any time limit for arbitral proceddings like civil .3 years from the date of last transactin ... please answer
shyamal
25 April 2016 at 17:16
Sir,
I was suspended for being detained under custody for more than 48 hours .
In my defence I Wrote
I was detained for more than 48 hours because on 25th January 2016, the ACJM asked to produce the case diary on 02-02-16. Therefore I had no option but to wait till 02-02-16 and when the case diary was produced on 02-02-16, the allegation was proved false. Thus the employee may not be held responsible for more than 48 hours detention in custody. It is the court procedure which was responsible for more than 48 hours detention in custody.
There is a provision in the rule stating
Orders against which appeal lies
“ Interprets to his disadvantage the provisions of any such rule or agreement”
Was my explanation correct
Shyamal
Raj M B M S
25 April 2016 at 16:53
Seeking eminent specialists in LAbour law to please look into this case and suggest / guide the approach for Bonus for employee :
1. An employee by name – VIJAY. CTC is already defined at the time of offer .
2. the CTC letter is issued to Vijay and he joins the company
3. The CTC of Vijay does not have bonus as a component.
4. Vijay completes 1 year in job (2015-16)
5. Govt declares introduction of Bonus to this category of employees, to which VIJAY belongs
6. Company decides to build in the component of Bonus by reworking the existing components ( Reduce the Special Allowance by 700 Rs per month and add that Rs 700 to Bonus component)
7. Net effect : VIJAY does not get any additional money as bonus for having worked year 2015-16. He instead gets his salary restructured and called as Bonus instead of special allowance
Is aforesaid circumstance tenable in the Court of Law, when it comes to consider Bonus payment.
Does it address the condition - What is a Bonus .. and can it be carved out of existing components of Salary or it should be an additional component given to employee for having done a job well in a year
Gopal Gopal
25 April 2016 at 16:38
I'm a married hindu man who is suffering with many harassment from my wife. My marriage date was FEB 2014. on August 2014 my wife went to her parental home and never back and she abuse me over phone many time. After That I consul with a lawyer and he advised me to do RCR case and filed RCR case on jan 2015. now I win that case on march 2016. But on feb 2016 my wife filed 125 crpc and demand 30000 inr /month and written many false allegation about me and my parents. Even she went to my relative home on 24th April 2016 with RCR judgement to live with me but i was not there at that moments. On RCR case i have given my relative address (as rented home) for better communication because our own flat was under development area so postal communication was very bad on 2015.
I did not want any dowry on marriage but she mentioned that i had taken dowry. right now I'm earning 8000/ month by selling daily needs door to door. In this situation, I'll be obliged if you give me some advice.
Bharati Agarwal
25 April 2016 at 16:22
There was a Share Depository A/c in the name of Sunil Kumar Agarwal HUF in which Mr Sunil Kumar(Husband) was Karta and myself Bharati Aharwal(wife) and Sony and Lovely(Two Major Unmarried Daughters) were coparcenors/members.Mr.Sunil Kumar(Husband-Karta) demised without any will. We have re-constituted the HUF with myself Bharati(Surviing eldest female & wife) as Karta and my two daughters as members.The depository service says to open a new Depository account in my name as karta and to provide either,(01) succession certificate(02) Registered Partition Deed or(03) Registered Family Settlement Deed for transmission of shares held in earlier account to new account.
We have decided to formulate a Family settlement Deed in which the earlier HUF shall remain active/alive with re-constitution as above and the 25% share of my husband(the ex-karta)shall devolve in equal proportion among my mother-in-law, myself and my two daughter.My mother in law has agreed to relinquish/throw her right over 1/4th of 25% share of her son to the newly constituted HUF and also myself and my two daughters shall also keep their 1/4th share of 25% of m husband into the newly constituted HUF, thereby the newly re-constituted HUF shall remain owner of entire share holding of earlier HUF with myself as karta and my two daughters as members/coparcenors. As a substantial amount is to be spent on Stamp duty towards registration, I seek your expert advise that the arrangement so proposed by us mutually to be converted into a Registerd Family settlement shall hold good for the purpose and the Depository service would /should have no problem to accept it. Actually the Depository service is very shaky and is not able to reply in clear terms for the ways and means and is dealing very whimsically which has cast a doubt among us whether the proposed settlement shall hold good in law and shall be enforceable?
Kindly throw light over the subject as your opinions earlier has proven as challenging to authorities and binding on them.
Please help....
ASHOK VAZE
25 April 2016 at 16:02
Can General body meeting of society pass resolution about non allowing bachelors (male/female)in the society on leave n license basis and also not allowing any activity for commercial purposes(member or leave n license basis).
PLEASE QUOTE RELEVANT BYE LAW NOS.
RAVIKUMAR
25 April 2016 at 15:42
Hi All,
I got a loan in 2008 and i had 2 bank credit cards also. At that time i felt with major accident. And my financial situation went bad, and i cant pay loan, Once i got recover. i paID the loan amount and close the Loan and Credit cards.
Now 2014 onwards i'm maintaining consumer loan & credit cards are perfectly.
Currently now im trying to get personal loan, but my application got rejected because of in cibil reflect like defaulter at 2008 period.
Kindly give me a idea. how to recover from the current situation.
Regards
M.RAVI
Ananth
25 April 2016 at 15:41
Hi
My date of birth in Birth certificate is wrong. I was born in 16-05-1988 but it was issued in 05-11-1988. The DOB in all other documents are 16-05-1988.
So please someone tell me how to change my DOB in birth certificate.
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Arbitration
i am from pune.habving dispute with company in 1 sep 2012 ..in agreement there is a dispute resolution method by arbitration ...but till today as company filed cheque bounce matter and still it is pending in delhi court..
company not processed any arbitration process till date i.e. 43 month ... my query is that if they processed arbitration , is it time barred ? any time limit for arbitral proceddings like civil .3 years from the date of last transactin ... please answer