Upendra P Sinha
16 September 2014 at 15:43
I was earlier employed in a Delhi based telecom company from 11th Aug 2011 to 14th May 2013 till my superannuation. My employer has not paid the following
1. Salary - Rs. 11.17 Lacs (for 6.5 Months)
2. Income Tax - Rs. 3.18 Lacs (Deducted but not deposited with IT Dept)
3. Employer Provident Fund - Rs. 1.02 Lacs (Deducted but not deposited).
4. Form 16 - Not issued because they have not deposited the Income Tax deducted.
My several letters sent by registered post & speed post have gone unreplied. My telephonic calls have not been answered. Now my only option seems to take a legal recourse.
My only worry since I am resident of Navi Mumbai and want to file a case against the employer in either at Thane or Mumbai court will be admissible or not.
The appointment letter clause 21 states.
Arbitration :
All the dispute/differences arising out of or relating to this appointment shall be referred to Indian Chamber of Commercial Arbitration/ Committee, Delhi at 1/112-113, Loha Mandi Naraina, New Delhi-28 for arbitration and the award given by the arbitrator shall be final and binding upon both the parties.
I want advise as to whether this case can be filed in some other court outside Delhi convenient for me as it will not be possible for me to travel to New Delhi every now and then.
Further I would like to know whether Indian Chamber of Commercial Arbitration has the power or jurisdiction to deal with employee employer relation. Here it is a simple case of non payment of salaries and taxes deducted but not deposited with IT Department.
Kindly advise as to what best can be done.
Rajneesh
16 September 2014 at 14:54
My Father was having a piece of land ( agriculture ) registered (Khata) on his name. He died in 2004 without making any will.
Our family consist of me, my mother and my 2 sisters.
Now we want to sell this property. How can we selloff this property ? Title of this property is still in name of my late father. We do not have any dispute among us.
Upendra P Sinha
16 September 2014 at 14:51
My son has purchased a Flat for Rs.25 Lacs in an under construction property at Patna in Sep 2012. The property is in the final stage of completion. The 1st sale agreement has been registered after paying stamp duty & registration fee as applicable.
Can someone help me,how much VAT and Service Tax is applicable at present and how it has been calculated.
The builder is telephonically asking Rs. 1.25 Lacs including 20,000 as interest for delay in service tax payment which he has not paid. He is not willing to give anything in writing.
Please let me know whether interest for non payment of service tax by the builder is applicable to me. Till date there is no demand in writing for this. However he has sent several reminder for final 20% payment applicable on completion of the construction.
Your advise is solicited.
Mita Chopra
16 September 2014 at 13:52
Hi..I joined my current organization on 6th November 2009 as a permanent employee in a management consulting firm. My last working day here will be 19th Sep 2014. I have been working continuously with this organization without any break.
My employers have declined my request for gratuity claiming my ineligibility due to non-completion of 5 complete years with the company.
However, as per my knowledge & research I am eligible as I satisfied the criteria of 4 years & 240 days. Kindly give clarity on my eligibility and way to take it fwd with my employers.
Thanks
Mita
Kewal Sharma
16 September 2014 at 13:12
Dear Sir
My Grandfather had purchased a house in chandigarh before 20 years. Now my grandfather has expired. And we have not live in this house. My Uncle who lives in this house at present has construct a floor on this house and now he has refuse to give our share in this house. please suggest me, can i claim our share in this house while my father did not want to take our share.
Note: Property is purchased by my father and no will has been made or registered.
Thanks & Regards
Kewal Sharma
Inderpal Singh
16 September 2014 at 12:26
Sir a person was declared p o as he was wanted in a murder case. Police is making all efforts to locate him but are helpless. The police has cracked a phone number of his girlfriend with whom he is in touch. I requested the police to interrogate his girlfriend but they are not taking this step . Is there any law under i p c where a lady helping a p o can be arrested pls guide. Thanks ---- Inderpal singh
N R Raj
16 September 2014 at 11:47
I and my younger brother are nominees and sole beneficiaries of my Dad's flat in Mumbai according to his registered WILL.The probate is still pending in the High Court of Bombay. My elder brother who left home in 1989 and has stayed away all along & the Society chairman (for ulterior motive)tried to get my elder brother on board by attending SGBM etc while keeping us in the dark about them.Since I was not staying in Mumbai, and the Society completely ignored my requests and complaints I filed a case in the City Civil Court against the MC and Developer. Immediately they came forward and signed Consent Terms. My younger brother and I got our rights. Now building has been demolished for redevelopment and again Society chairman and elder brother are playing mischief. Elder brother is now claiming that Dad died intestate and he is entitled to 1/3rd share in flat. Society MC has passed resolution not to give keys of new flat to me and younger brother. Other than referring to pending Probate and Consent Terms filed in Civil Court what else can I do? Matter to be discussed in AGM this week.
Akash
16 September 2014 at 11:40
Hi Everyone/Experts,
My case status as of now :
1. Received AB for myself and parents
2. Wife filed suit as per DV Act against me, father and mother in LUDHIANA
3. Judge granted Ex Parte RCR since wife did not appear on hearing date at Hyderabad ( I had filed RCR in Hyderabad)
Questions :
1. Under IPC/CrPC , are there any laws using which I can avoid my parents from travelling such a long distance from Hyd to Ldh . My father is Senior Citizen , EX Army Officer.
2. Section 2(q) of DV Act says " Complaint under DV Act can't be made against a female". So , Can I get my mother's name removed from DV suit filed at Ludhiana using RTI or some other means ( Please suggest).
3. I have an Ex Parte RCR . Will this hinder Interim Maintainance under CrPc 125 / DV Act for wife. What about if a wedlock child is there?
4. I am planning to file divorce if after receiving RCR judgement wife does not appear on 1st date.Its almost a year she has left and entire year writing letters, at Women Cell proceedings , then RCR ... I have been trying to get her back. this is cruelty.and I think this could be the base...I have other reasons also...
Please advise...
Regards,
Akash
SUBHAM AGARWAL
16 September 2014 at 11:15
in mutual divorse and joint affidavit at high court she has demanded 15 lakh for alimony and 10lakh fdr for 15 yrs minor daughter for marriage kept at high court and in joint affidavit she has stated that there shall be no any claim after receving 25 lakhs.Can my daughter claim maintenance till she be 18 years old.Please let me know the rights of daughter although legal gardian is mother
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Property comes under land ceiling
Sir,
One my relation wants to sell his flat near porur. The purchaser enquired about the property at the registrar office. At the time only we are all know the property comes under ceiling and not able to register the property. The notice issued by the registrar on 2013 but my relation purchased the property on 2007. Kindly advice how could we sell this property. If we sells, in future it will affect the purchaser. Please advice.