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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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sandy   10 February 2015 at 15:54

Non conduct of elections

In my society, Managing committee members are selected on the basis of preference and reference and no formal election is being conducted? Committee formed in such a way should be considered as valid? please confirm

Deepak Parmar   10 February 2015 at 15:54

Ordinary citizen as per people representation act 1950

I staying in Mumbai since my Birth, as have got ancestors property in Gujarat, since 1999, as I have all mu Documents in Mumbai Ration Card, Election Card, Pan Card & have done School & College from Mumbai. As I have applied for Loan (Kisan Credit Card), few Months Backs, The Banks in Gujarat asked me Ration Card & Election Card, when I gave them of Mumbai they didnt took & they request me to submit the Residential & ID Proof of Gujarat only, So I transferred my Ration Card & Election Card from Mumbai to Gujarat.
As I am still staying & working in Mumbai, I have learned from one of my friend that as I am working here I am Ordinary Citizen of Mumbai as per People's Representation Act 1950, even If I have cancelled my Voter ID from Mumbai & Shifted to Gujarat,

Can any One Guide me on this of which State I am Ordinary Citizen, I was also applying for Change of Address in my UID Card (Aadhar) from Mumbai to Gujarat, as Banks are asking me the AADHAR Card for Subsidiary against my Loan Interest as the Loan is against Agricultural Land.

Regards
Deepak Parmar

karan hareshlal lund   10 February 2015 at 15:18

Appointment of independent directors in private listed company

Dear Sir,
Please clarify private listed company is required to appoint independent directors ?

sandy   10 February 2015 at 15:04

Elgibility to be society secretary

Please let me know whether associate member can become society secretary, if yes which form / document need to be submitted?

sandy   10 February 2015 at 15:02

No action from the registrar

I had lodged a complaint with the society registrar even through they had visited the society no action was initiated saying registrar will not take any action basis the complaint raised by single member and that first I should approach the society committee and get it resolved.
Later came to know that he was bribed not to take any action since all the allegations were of serious nature.
Please guide how to proceed about it

anoopb123   10 February 2015 at 13:27

Lien in government service

I joined haryana government by appointment through transfer from UT chandigarh through proper channel. Can I retain the lien till I am confirmed in Haryana or two years whichever is earlier? Also, will I be employee of UT or Haryana government during Lien period? If employee of UT then do I need to deposit PF in UT or can I deposit it in Haryana?

Sandeep   10 February 2015 at 12:32

Process to get a different survey number of agriculture land

Hi Sir/Madam,
My great grandfather owned a 6 acres of land in a single survey number. The 6 acres was divided into 3 equal parts and was given to his 3 sons. Now we are planning to get a different survey number for the divided property. Can you please tell me what is the procedure for getting the different survey number. The land is in karnataka and comes under agricultural land

Thanks,
Sandeep

Kumar   10 February 2015 at 12:00

Power of attorney to share holder in land

Dear Experts,

I and my wife have shared property of land. Wife said she will give up her share and said she will give "Power of attorney" to me. is this valid?

Alok   10 February 2015 at 11:48

Civil suit for excess recovery by employer

Hello Experts,

I need urgent attention to below given matter.

I left an Pvt Company registered in Delhi and office in Noida where they agreed to relieve me by mentioning INR 1,08,000 /- (Short Notice period money + Training Bonds amount ), signed by me and I have handed over cheques to them for the same amount as per details mentioned in short notice period recovery notice. No break-up of liability was mentioned in due letter and only sum was there.

I was chasing this company to seek my Exp, NOC letters etc but didn’t get any response over phone call for next 11 days after cheques hand over ( handed over on 14th Sep 2007) and during one call made to HR to ask for letters required by next employer including break-up of liability, I got to know that they are preparing to send legal notice to me. As they were not issuing any break-up of how this much needed then I decided to stop cheque payments and notified HR person by email and call.

Below given is the email which was sent by me to inform about cheque payment stop:


***********************************************************
Hi , ,
I have observed that the declared amount by you to be paid against short notice period is high. The amount to be paid should be less than the conveyed amount.

I request you to send me the letter for the final amount to be paid with break up. For the mean time please don't deposit the handed over cheque to for the amount INR 54,000 /- dated 15 Sep 2007 and INR 54,000 /- dated 20 Sep 2007. Please confirm that do I need to pay the full month salary or only basic salary for the short noice period.
I have requested my bank to stop these cheque payment.
After getting final amount letter to be paid from , I will hand over fresh cheuqe for the amount to be conveyed. The cheque is only stopped because of discrepancy in sum of the payment to be made by me to as per the letter issued by you.

Regards
********************************************************

After few months, I received a legal notice from this company asking INR 5,00,000 for loss in project and replied from my side mentioning same amount to be payable for my mental stress and suffer caused in absence of requested exp and NOC letters due to them.

After few months ( ~1 year) of last working day with this company, I received court Civil suit copy where they asked for INR 14,00,000 for “Short Notice period money + Training Bonds amount + Project loss which was participated by me” but Employment agreement only says for 2 months notice period and no clause to share/bear project profit/loss.

I would like to get experts view on this considering Due letter signed for INR 1,08,000 /- , cheques handed over but no break-up was given stating leave balance etc..:

1. Can employer ask for higher amount than INR 1,08,000 stated in due letter as they didn’t give me break-up. Delhi Shops and Establishment act says Employer needs to settle balance Annual Leaves in employee account during employee’s exit but they didn’t consider this?
2. Can employer ask for full Bond amount even if Employee has served some period for that bond. I saw few rulings by HC and SC asking to consider training bonds on prorate basis by considering served period out of total period?
3. Can ignorance of law when due letter was signed takes over any law/policy. In my case if I signed letter to give INR 1,08,000 /- when was not aware about Leave settlement and Training Bond rulings then it cant be considered now and base is only INR 1,08,000 to talk further?
4. Does court considers mental suffer of defendant party on such matters where contract or conditions are always put in favor to employer and employee has to sign considering circumstances?


Thanks a lot in advance.

Alok   10 February 2015 at 11:37

Civil suit for excess recovery by employer

Hello Experts,

I need urgent attention to below given matter.

I left an Pvt Company registered in Delhi and office in Noida where they agreed to relieve me by mentioning INR 1,08,000 /- (Short Notice period money + Training Bonds amount ), signed by me and I have handed over cheques to them for the same amount as per details mentioned in short notice period recovery notice. No break-up of liability was mentioned in due letter and only sum was there.

I was chasing this company to seek my Exp, NOC letters etc but didn’t get any response over phone call for next 11 days after cheques hand over ( handed over on 14th Sep 2007) and during one call made to HR to ask for letters required by next employer including break-up of liability, I got to know that they are preparing to send legal notice to me. As they were not issuing any break-up of how this much needed then I decided to stop cheque payments and notified HR person by email and call.

Below given is the email which was sent by me to inform about cheque payment stop:


***********************************************************
Hi , ,
I have observed that the declared amount by you to be paid against short notice period is high. The amount to be paid should be less than the conveyed amount.

I request you to send me the letter for the final amount to be paid with break up. For the mean time please don't deposit the handed over cheque to for the amount INR 54,000 /- dated 15 Sep 2007 and INR 54,000 /- dated 20 Sep 2007. Please confirm that do I need to pay the full month salary or only basic salary for the short noice period.
I have requested my bank to stop these cheque payment.
After getting final amount letter to be paid from , I will hand over fresh cheuqe for the amount to be conveyed. The cheque is only stopped because of discrepancy in sum of the payment to be made by me to as per the letter issued by you.

Regards
********************************************************

After few months, I received a legal notice from this company asking INR 5,00,000 for loss in project and replied from my side mentioning same amount to be payable for my mental stress and suffer caused in absence of requested exp and NOC letters due to them.

After few months ( ~1 year) of last working day with this company, I received court Civil suit copy where they asked for INR 14,00,000 for “Short Notice period money + Training Bonds amount + Project loss which was participated by me” but Employment agreement only says for 2 months notice period and no clause to share/bear project profit/loss.

I would like to get experts view on this considering Due letter signed for INR 1,08,000 /- , cheques handed over but no break-up was given stating leave balance etc..:

1. Can employer ask for higher amount than INR 1,08,000 stated in due letter as they didn’t give me break-up. Delhi Shops and Establishment act says Employer needs to settle balance Annual Leaves in employee account during employee’s exit but they didn’t consider this?
2. Can employer ask for full Bond amount even if Employee has served some period for that bond. I saw few rulings by HC and SC asking to consider training bonds on prorate basis by considering served period out of total period?
3. Can ignorance of law when due letter was signed takes over any law/policy. In my case if I signed letter to give INR 1,08,000 /- when was not aware about Leave settlement and Training Bond rulings then it cant be considered now and base is only INR 1,08,000 to talk further?
4. Does court considers mental suffer of defendant party on such matters where contract or conditions are always put in favor to employer and employee has to sign considering circumstances?


Thanks a lot in advance.