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Vijaya Bhaskar   11 April 2016 at 19:59

Pf, pension and eldi

Dear Expertise

My sister lost her husband in Februay 2016 in an accident While he was on leave and traveling

Her husband worked in a private company and contributed his and employers share towards PF and EPS.

His served in the company for 8 years

He has wife and two children one 4 years and other 8 years

His last basic is Rs.7900/-

Now queries as follows

1.Can she claim full Provident Fund standing credit in the account
2.Can she claim full Pension Fund standing credit in the account
3.Is the widow and children pension benefit given by the PF office is apart from the PF and pension Fund standing credit or PF office will give only from the pension fund balance
4.What is the ELDI amount she will get.
5.Is her existing personal SB account is sufficient to receive the PF and Pension fund or is it mandatory to open SB accounts of all the three family members separately (wife and two children)for pension.

Appreciate your assistance.

PRAKASHCHANDRA MARU   11 April 2016 at 19:19

Withdrawal of revision petiton

HELLO ALL LEARNED,
UNDER WHICH SECTION REVISION CAN BE WITHDRAWN CONDITIONALLY FROM SESSONS COURT WHICH IS LODGED UNDER SECTION 397 OF CRIMINAL PROCEDURE CODE ?

srinivas   11 April 2016 at 18:11

Promissory note

Dear all
i given 1laks to a person, it completed one year, he is not giving interest and total, when i asked i don't have money, i cant give he says like that,promissory date completed one year, he is not given money and interest, he sold his property 6 months back, now he dont have any asset, what can i do pleas help me.

Divya   11 April 2016 at 17:30

Liquidation of company and directors assets

Respected experts,
There is a main asset "land" which is owned 50% by the managing director and Rest share divided among other directors.
Managing director has a parallel partnership firm which borrowed crores from several business groups. All these groups have civil court decrees against the managing director and his firm
Land is the only asset which can be attached. But this land already has mortgage charge of few banks.
1. Is approaching the concerned high court, to put this land for auction and liquidation right remedy on account of several claims against it
2. All the business groups who have civil court decrees against the managing director and his firm, should these groups put their names on the saat baara of that land or directly high court receiver will proceed for decree execution by auction of land.
3. Do the business groups need to attach the share holding of the managing director by filing garnishee proceedings.
4. There are other directors who are holding some shares of that company and also d land ownership on account of that. Do the business groups seek attachment and auction of even these shares held by other directors.
5. Do the business groups seek attachment of personal properties of these other directors since they are a part of a company where the managing director is having liabilities from the same company and even liabilities from his partnership firm

Please share your expertise and knowledge herein.


Thankyou

Shiv   11 April 2016 at 17:21

Full & final settlement pending

Dear Experts,
This is with regard to my F&F settlement which company has not done as yet. Its been more than 2 months from my last day at work. (2 months 15 days)
There was no issue and I also have acceptance of Resignation with the last date of work mentioned on it which i complied with.
Now when am checking with the company there is no definitive answer and all seems to be a classic case of unnecessary harassment. Stupid reasons are given.
Ive been following up regularly but all my efforts are turning futile.
The basic issue is nobody is even telling me whats gone wrong and this is adding unnecessary stress.
FYI, Was a senior management employee of the said company and its a well to do company with no financial issue.
Appreciate if anyone can guide. Is there a way i can sue the company for the damages and how.

sanjeev kumar   11 April 2016 at 17:00

Financial benefits to the employee 'removed from service'

D/Law Experts,
My employer , BSNLcompany , has removed me from service 1 year back against my 1 yr conviction in 498a without giving any financial benefits.Can I entitled for any pensionary benefit? I served the company for more than 15 yrs.

kehar singh   11 April 2016 at 16:49

Share of pension to first wife

Sir,

My son in law got married with second wife about 5 months ago. He is a state Govt. employee in Police Department. retired in February 2016.
His first wife did not file any suit because of the apprehension that his service may get dismissed resulting as a result even she may also loose the benefits which was about to rip had her husband did not re married.

thus, both of them mutually agreed to share all the pension benefits (Pension, Death cum retirement gratuity, cash against unutilised leave etc ) in the ratio of 50:50 and prepared a written agreement in the stamp paper and got signed by both in presence of witnesses.

There after the first wife continuously received her share (50%) of salary till the month of his retirement.
A copy of the agreement was given to the drawing & disbursing officer both in administrative department (POLICE) and Pension Department, Govt. of Sikkim for onward action while making the pension payment.
Now it is said that unless the agreement is vetted by the court of law the Pension Payment Officer is not bound to distribute the pension as written in agreement if the husband raise objection for distribution to his first wife with new plea.
Under this circumstances what should the first wife do to get the agreement equivalent to the decision made by court of law.

Though both of them are staying separately at two different places though not divorced legally but by virtue of the agreement so signed.

Since there is very little time as his file for grant of pension has already been processed so kindly give the ways n means to provide the right of first wife.

monty lamba   11 April 2016 at 16:45

Order the meaning of ''appeal stands allowed''

Dear Sir,

a civil suit application u/o 39 rule 1-2

CPC, Dismissed by trial court but the

appeal court order pass on applicant

favour

''appeal stands allowed''

1. this order mean case application will be argued again in trial court.

2. this order mean allow the application on favour of applicant / plaintiff by trial court

3. trial court power of dismissed on basis of documents of this order

Please share your valuable advised

vishal   11 April 2016 at 16:10

Can i rejoin duty after resign in district court as a clerk within 6 month?

Hello!

My name is Vishal Sadhariya
I had been working in Judicial Department In District court Jamnagar,Gujarat as a Assistant clerk. In 2015 October 21, I left my job I resigned for study purpose.Now my study is completed.My Question is can I withdraw my resign and join back my duty as a Assistant clerk. its Almost 5 month for i resigned my job.Please answer quick as soon as possible.

Thank You

Chandan Kumar Pandey   11 April 2016 at 16:03

एंटी करप्सन एक्ट में परिवाद

आदरणीय सर, एंटी करप्शन एक्ट 1988 के अंतर्गत क्या कोई परिवाद सीधे न्यायालय में दाखिल किया जा सकता है? यदि ऐसा हो सकता है तो किस न्यायालय में परिवाद दाखिल किया जाना चाहिए।