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prblm   31 August 2014 at 16:25

Absconding from service

Dear sir,
I am in serious dilemma regarding legality of labour laws, I would really appreciate help in this regard.The situation is as follows:
If I abscond from a government service without paying bond amount, without submitting resignation and without closing the nps account and after 6 months join any other government service without disclosing the information about the previous job, what are the possible implications?
Does the company has the right to send court summon or ask for the bond amount? Or freezing of nps account?
Can my present company take action against this regard?
Please suggest a route to get out of such a kind of situation.

PS : The new govt service joined has higher bond amount than previous one.

John   31 August 2014 at 15:48

Delay tactics by complainant and court

Hi lawyers,

Currently I'm faceing 4 criminal cases 452, 323, 324, 506, 43(Jan/2013) and 420(Feb/2013) and 452, 323, 324, 506, 43(Apr/2013) and 294(Mar/2013) complainant is my wife and trail is going on JMFC and more than 10 days in PCR
I'm ready to fight this cases and charge also framed initially she delayed the case asking false medical ground without submitting medical certificate and JMFC allowed that; now JMFC is asking for compromised and she is ready but not ready on my condition.
She is having bad character (Hysteria) kind woman I don’t won’t to do compromise with her.
Already I gave her two chances
1. 498(2002)
2. Family court (2004)
During this period I have kids 1 daughter (13 Year) and 1 son (8 year) old.
I lost my job because of her constantly filling false against me. I gone to high court for quashing FIR for the case 294(Mar/2013) still under trail
Now I'm jobless last 8 months and JMFC is delaying case without any valid reason, my advocate is saying we have to wait and follow the court...... Already waited 2 years.
Now there is no faith might be after compromised and she can go complain again….
Please suggest any way to speed up trail process of JMFC, I should clear and get new job as early as possible


Please response

Vivekanand   31 August 2014 at 15:10

MACT claim - petitioner an army officer

Hi sir ,
I want to file a case under MACT regarding motorcycle to car Accident.
Petitioner is an army officer of age 24 and having current monthly salary Rs. 65000.
Suffered severe fracture in right leg operated thrice in 4 months . As of now rod is implanted.
Became unfit for field tasks in army suffered heavy professional loss.

All the documents like FIR and medical bills and professional loss proof is available .

Need an expert advocate to formulate case and fight to win.

Regards,
Vivekanand
Mob no .09622299777

SURAJIT GHOSH   31 August 2014 at 13:52

Eviction of tanent

The actual tenant get died in July last month. She has one son who stay with her for last 30 years. They have a house within 10 km from the said house.

We are occupying 3 rooms now. We are 8 members in the family. Me, my brother and my parents we are 3 family staying in those 3 rooms. As a landlord my father required one more room for our own use.

In what ground we can go for eviction. Please suggest us.

sanjeev kumar   31 August 2014 at 13:33

second appeal

Regular second appeal is filed in HC against concurrent decree of specific performance of lower court. No stay is granted by HC but only notice of motion is issued. Will this work as stay on decree executation.

M.Sheik Mohammed Ali   31 August 2014 at 13:07

Request for model question paper

Dear Learned Advocates,

Tamilnadu Government announced Civil Judges Posting, if any one attend civil judge exam, pls provide me previous question paper and answer for model.

Suresh Govind Bhagat   31 August 2014 at 13:06

Eligibility of gratuity payment

Dear Sir

I am retired from PSU semi state government (Maharashtra State financial Corporation, Mumbai). After opting V R S from the said
department. I have joined local engineering collect as a Finance Officer. I have worked there on contract basis. My service tenure
is from Aug 2009 to September 2014.I have claimed for gratuity as I have completed uninterrupted continued service for 5 years.
As per knowledge I am entitled for gratuity but the authority of the engineering college told me that your services is on contract basis that's why you are not entitled for gratuity. I have to add here the after scrutiny & instruction from PF department the authority has deducted my PF contribution from salary since last 3 years. Thought I am retired employee am not eligible for gratuity . Please clarify whether I am entitled to get gratuity from employer.

Thanking you

Yours Sincerely

S G Bhagat

Senthilkumar   31 August 2014 at 12:20

Ost civil suit under o 7 r 1

Dear Sir/ Madam,

My Father Expired in the Year 2006. We have ancesteral property(inherited) from my grandfather(father side) and my father has 3 other siblings along with him. But the Last sibling of my father, he alone sold most of the Agricultural land illegally where we,the other 3 families have the share. It was an undivided property under my grandfather's name. Looks like my fathers sibling was cheated by someone and he has given Power of Attorney to some person for an particular property, once we came to know about this we cancelled the power of attorney and sent a notice to him through propoer channel. But then also the person who got POA sold the property to someone else . He also sold our other properties(with our shares) to multiple times to other persons illegally. It is like the same property is being sold to more than one person using illegal documents. All these things happened between 2007 to 2009. Initially we tried through police but looks like they got bribe from the other person and no action was taken. Recently we moved to civil court filed an case under OST O 7 R 1. The summons were sent to the opposite parties for hearing through court ameen. But all the summons were returned saying that no one is living on those addresses. We took these addresses from the property registration documents at SRO. My lawyer is saying that the opposite parties might have bribed the ameens and postman's for not to receive the summon documents. He is saying that we will be resending the summons again.

What will be the solution for this?. if the opposite parties are continuing in this manner not to reciveve the summons for initial hearing then how the case will proceed further?. They are deliberately avoiding to get the summons. Is there any way to cancel the previous registrations and get the properties back?

Thanks & Regards,
Senthil

arunkumark   31 August 2014 at 10:31

Rti or 101 mcs act which should be given priority

A society has filed application under 101 mcs act for recovery of pending dues in august 2013. Now the defaulter member filed an application under rti to the registrar asking for some documents which are not related to recovery procedures.The matter is pending with asst registrar for last one year.Now The rti application is made only to delay the 101 proceding and harass the society to avoid paying dues with interest. The defaulter member is asking for some very old documents of the year 2005 since when he has stopped paying his maintenence. My querry is whether society can refuse to give those documents as 101 mcs act recovery procedure is pending against the applicant.Dear experts please advise in details.

Naveen   31 August 2014 at 10:13

Esic applicability on a hospital

Sir's,

We are a proprietorship hospital and providing medical services. we have empanelment with the insurance companies and TPAs and receiving the mediclaims from them. My question is
1. can we form a charitable society and continue the commercial activities of a hospital under the society?
2. can we get away with income tax exemption by claiming that the society's activities are of charitable nature(though they are not, because we are not offering anything for free and receiving funds from insurance companies against cashless claims) ?
3. does ESIC laws applicable on the such kind of society?

Thanks