AMITS
24 October 2014 at 01:14
(A)
4 BROTHERS + 5 SISTERS =9 CHILDREN,THEIR MOTHER DIED IN JAN 1977 AND FATHER IN DECEMBER 1977. AFTER MOTHERS DEATH SHE HAD AN AGRICULTURAL LAND PURCHASEDBY BY HER WITH HER OWN INCOME, MUTATION WAS DONE BY CONCERENED REVENUUE AUTHORITIES IN FAVOUR OF BROTHER, SISTERS GAVE AN AFFIDAVIT THAT THEY HAD NO OBJECTION OVER MUTATION IN FAVOUR OF 4 BROTHERS.IT WAS DONE IN PRESENCE OF FATHER.
unfortunately ,revenue authorities in their note did not mention any thing about noc by sisters in mutation note nor the records are available ( as under rti authrities are not bound to give records beyond 20 years.) they might have beendestroyed , lost,anything could have happend.
(B) LATER LAND WAS ACQUIRED BY STATE GOVT AND COMPENSATION IN LIEU WAS TO BE PAID ,THEN ONE SISTER TURNED HOSTILE AND CLAIMED HER SHARE IN COMPENSATION i.e. 1/9 share, fshe filed case in revenue court in 1994,(pending)
(c) rest of 4 the sisters later in feb.2010 executed a proper registered release deed stating and confirming the stand of the brothers that they gave an affidavit to tehsildars for mutation in favor of 4 brothers and the the 5 sisters also signed the same affidavit in the presence of their father who was alive at that time.
(d) 5th siser who is claiming her share in compensation got stay from high court on whole compensation land which was to be givven in lieu of acquisition.
4 brother are yet to file their reply.
(e) my question is why high court stayed whole land when only 1/9 was claimed, rest of the sisters have already released their rights through registered release deed.high court should have directed to stay only 1/9 part of the compensation which was claimed.
(f) kindly give suitable similar reference most similar or some landmark judgements hc/sc which could prove to be helpful in our next hearing . kindly, also provide your valuble inputs in this case !
RAKESH
23 October 2014 at 23:20
Sir, I am an employee of SBI at Nagpur zone, working in a rural branch for the past 13 yrs, joined in May 1997. I have an excellent service record, but after marriage on 2010, we had our baby who was premature, & needed doctor's attention almost every month, My wife is from Mumbai, so we had to come for checking to Mumbai every month almost for a year, I had applied for transfer in 2010, but even after a year nothing seemed to work, Union was least. Bothered to help, always with the same reason , as per banks policy , finally I decided to go on loss of pay till I was transferred to Mumbai, now I am told that I will be terminated from job, and if I want to continue I have to continue in the same rural branch, and with no assurance that I will be transferred to Mumbai, now 24 Oct '14 is the last day, but now I fear I will be utilised in the branch as a labour with no prestige & word to express myself, plz guide urgently as to what should I do.
Suresh. S
23 October 2014 at 19:53
Sir/Madam,
I would like to seek help regarding my company's refusal (Medical Transcription company) located in Bangalore to which employment contract agreement is signed. The company is located in Bangalore and I work from home being home based job in Kerala. I had started working since April 1, 2014.
The issue is the company does not allow me to work since Sept 12, 2014 till date for reasons unknown. The only thing they asked me during these days is PAN card no. The company also send me FORM 16A prior to this. I had send a mail to them asking for reasons to which they responded by asking me to go for training on new platform for one hour starting from 4 p.m., which I agreed to. Even then, the company refuses to conduct training and rest of the day I am kept waiting. They used to provide me work and salary until Sept 12. After this date, no work and no salary. Daily they note my presence but not responding. I asked them specifically why they not allowing me to work and no salary despite being highly successful work status. They do not reply. I tried very much, but now I am asking lawyers whether under work employment contract signed by me and the company, can the company refuse to provide me work and salary without having any reasons? The company was more than satisfied with my work and no issues on that. It is now 41 days. I feel it is a prejudice. I need to find out what is going on inside the company?
I need suggestions whether I should file a law suit against the company for not providing me work and salary and whether I should file law suit in Bangalore or in Kerala or whether I should go for RTI? Will RTI allow me to know exactly what is going on and take legal action or should I file s law suit and seek COMPENSATION. The company has no right to refuse without assigning any reasons. I need suggestions and clarifications about this labor issue.
Refusal to work and denial of income as the only source of income is against equality at work. My work was good for the company and the company was very happy with it. Suddenly something is amiss in the company. Should I seek ombudsman? I don't know whom to approach. I need a quick response from anyone.
Guide me, please. Kindly send reply to my mail: sureshsd2006@gmail.com or saintsaint2014@gmail.com for suitable course of action.
SRIBHASHYAM MURALIDHAR
23 October 2014 at 19:45
Accused borrowed some amount from father of Complainant. Both the Accused and father of Complainant did business. subsequently father of Complainant died. Later dispute arose between Complainant and Accused. Some elders heard both the Complainant and Accused and resolved that the Accused shall pay some amount to the Complainant. Accordingly the Accused issued two cheques to Complainant. On the basis of said Cheques the Complainant filed Complaint against Accused, u/Sec.138 of N.I.Act. There was no document that Accused borrowed money from the father of Complainant. No one is present at the time of giving of money by the father of complainant to the Accused. One more point is that Complainant is not sole legal heir to file complaint.His mother and younger brother are alive. There is no authorization from them to the Complainant to file Complaint.Whether Sec.138 of N.I.Act., attracts or not? since there was no consideration between Complainant and Accused.
Anonymous
23 October 2014 at 18:41
I am Tanveer Shaikh, residing at Andheri West, Mumbai. I wish to know the process how can i get my parents name change in my birth certificate since their pet name is update in my birth certificate as Aslam Shaikh and Salma Shaikh whereas their real names are Vajid Shaikh and Hasina Shaikh.I will be really obliged if someone can help me overcome this problem.
GANGAM.RAJENDER.
23 October 2014 at 17:53
RESPECTED EXPERTS AND HAPPY DIWALI FOR ONE AND ALL,
THE RESPONDENT HAS BEEN EXPARTE INTENTIONALLY TO AVOIDE THE PROCEEDINGS.
Q1. PLAINTIFFS WANTS TO CALL FOR THE DEFENDANT FOR PROCEEDINGS AS WHAT IS THE PROCEDURE TO BE FOLLOWED .IF ANY C.P.C SECTIONS OR ORDER AND RULE PLS PROVIDE SIR.
Q2.AS THE WHAT WAY WE HAVE TO BE PROCEED ALTERNATIVE SERVICE OF SUMMONS IS POSSIBLE IN THIS CASE?.
HAPPY DIWALI FOR ONE AND ALL EXPERTS.
THANK YOU SIR.
Khushal Singh Rawat
23 October 2014 at 17:49
Sir,
Nowadays some clients received a notice from Compliance Management Cell New Delhi for non filling IT Return for AY 2011-12, AY 2012-13 and fill reason in 'Compliance' in incometaxindiaefiling.gov.in website. How can reply above mentioned notice while taxable income are below 5.00 Lacs with refund and IT return have not filed.
CHANDRAMOHAN
23 October 2014 at 14:16
Ref: DoPT O.M. Dated 29.12.2005 on reservation for persons with disabilities.
Para 2(i) of DopT O.M. Dated 29.12.2005, DoPT has given guidelines that 3% of vacancies in all the Groups "A", "B", "C" & "D" shall be reserved in identified posts suitable for disabled on Direct Recruitment.
&
There is no reservation for Group A and Group B posts in promotion.
Para 4 of DoPT O.M. dated 29.12.2005 stipulates that Ministry of Social Justice and has identified posts suitable for disabled and effect of 3% reservation can be given to all the identified posts. Further stated that, No Ministry/Department/Establishment shall exclude any identified post from purview of reservation at its own discretion.
My First query:
If any Ministry closes the channel of Direct Recruitment for appointing the Group B identified post and 100% of the appointments to the identified Group B posts are made only by promotion on seniority-cum-fitness without giving the benefit of 3% reservation to the persons with disabilities stating that there is no reservation for group B posts in promotion is acceptable or not?
Second Query:
DoPT states that No Ministry/Department/Establishment shall exclude any identified post from purview of reservation at its own discretion.
Is it possible to exclude the identified post from purview of reservation?
Kindly give your opinion and advise.
Thanking you
Member (Account Deleted)
23 October 2014 at 14:16
Hello Sir,
My maternal grandfather has self-acquired property registered on his name. He died intestate in 1986 and was survived by his wife and five daughters. My maternal grandmother expired few months back. The elder four daughters have been married. The youngest one (unmarried)was living with her mother on the mentioned property which is still on name of my grandfather. Now that my maternal grandmother has also died intestate please let me know if partition suit can be filed so that my mother will get her share as other sisters are refusing to acknowledge her share in property. Also let me know approximately what will be the time taken by court for settlement of partition suit and the court fees.
Thanks in advance.
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Quit job without any notice period, during probation period.
Dear Sir,
I had joined a company in july and i was on probation period(i.e. 6 months). i worked there for 3 months(22nd Oct;14) and b’coz of unprofessional working culture I asked to resign from my position. My Reporting manager said CEO will confirm what to do when it came in knowledge of CEO he shouted at me badly and use abusive language and said he will not release until they don’t hire another candidate till 1-2 month. i feel mentally disturbed due to this kind of environment I don’t want to spent one day more there ? In Diwali vacation I handedover my laptop (which was issued to me) to admin dept without any receiving and back to home now don’t want to go back so I send a mail to Reporting manager and HR that I would not be able to continue my service and m resigning from my position and inform to them that I have handed over my laptop to Admin dept and dispatched their CUG mobile number by courier. I don’t want my salary. As per HR policy no notice period under probation. Its depends on candidate how much time he wants to serve. In my offer letter no T& C for probation period. I’m affarding that can company take any legal action against me? What can I do in this case? How can I defence myself, if company take a legal action or charge fake blame?
Pls help?