SAM
28 August 2014 at 14:56
Dear Ld. Experts,
My Bhabi have filed D.V. Case in Thane court. Mediation failed. Now the case status is at "Evidence Stage". She has already got interim order from the court for residence rights in father in laws flat.
Judge asked my brother whether he is ready and willing to keep his wife back, wherein (my brother do not want to keep her but as usual in D.V. Case) my brother informed court that he is ready to keep his wife and informed court that he wants to relocate permanently to his native place in Nagpur and asked the Judge to inform her when he can remove train ticket to Nagpur. (My Bhabi do not want to go to native place as she has completed her LAW and wants to practice and earn in Mumbai as her career and job will be at stake, she just uttered that word in the court that she is ready and willing to reside in the native place with my brother in the court just for name sake)
The Court informed both the parties to remain present on the next date (as both the parties advocate were not present before the court).
My Brother's advocate has already filed his reply to the Applicant D.V. Complaint filed in the court and he will not give any further affidavit/declaration/undertaking before the court that he will take her to his native place and keep her with him.
Would request Ld. Experts to give their inputs as to how my brother should proceed further in D.V. case.
I am 100% sure that my Bhabi Advocate will ask for Affidavit/Undertaking in the court from my brother which he will neither give or produce in the court.
Could all the Ld. Advocates give me inputs what will happen or what steps should my elder brother should take in the court apart from that he is willing to take his wife back and go to his native place.
Regards,
SAM
Himanshu Goyal
28 August 2014 at 14:48
My name is Himanshu Goyal. I want to change my surname from Goyal to Kayal. This will NOT result in change of cast religion. It seems there is no proper law or procedure for name change in india. If it is then please tell me the law where it is written? Are there any practical difficulties in this? or does the procedure vary from state to state? I belong to Rajasthan.
Member (Account Deleted)
28 August 2014 at 14:24
Dear Sir,
I am working for a private limited unlisted company. Our Company has employed contract labor. Now one of the contract employee is leaving the organization within 30 days of joining date. Now as a Principal Employer does the company under obligation to pay the PF for the contract employee. Whether the Contract Employee can withdraw the PF amount.
Request you to kindly let me now whether the principal employer is under obligation to pay the PF for the contract employee who is leaving the services with 30 days of joining?
usha
28 August 2014 at 14:02
Hi Everyone,
I am working for a indian IT company. But currently I am in US with my spouse and kid on 3 months Leave without pay. Due to some personal reasons I had to resign my job because HR is not ready to extend my LOA for few more months. Because I am not in a position to leave US i.e. going back to INDIA to serve the notice period of 3 months, I opted to buy out my notice period. To make a buy out my employer is asking me to pay 3 months gross salary which is coming around 2.5 lakhs which is very high amount. It includes Basic pay (~35000)+HRA(17350)+ Special Allowance(26000)/month.
My employer is not having policies clearly defined. No policy document is clearly saying about the buying out notice period. Also when my employer's HR team prepared FnF Statement. If I ask why do I need to pay 3 months gross pay, they are asking me to refer the point from my offer letter. And no where it is specified as Gross salary. As per industry standard most of the companies asking to pay the basic salary to buy out the notice period.
In my offer letter point under Notice period says as follows.
""Notice Period: On confirmation your appointment with the Company will be subject to termination with 3 months notice or payment in lieu thereof. Should you desire to resign from the Company you shall provide the Company with a prior written notice of similar period of such resignation or payment in lieu thereof. However, in case any disciplinary proceedings are either contemplated or pending against you, the Company shall have the right not to accept your resignation. If you desire to resign from your services hereunder, you shall, not withstanding the provision with respect to payment in lieu of the notice as provided hereunder, make yourself available during all office hours, for such period from the date of tendering your resignation, as may be required by the company as its discretion order to ensure smooth transition.""
Please note that it says "payment in lieu thereof". Just payment. What does it really mean? No point says that payment is Gross. Just a payment.
Please advice how I can take it forward. I am able to pay money for buying out my notice period. But not the gross salary, because for the past 3 months I am on Leave without pay.
Expecting your responses.
Advocate M J
28 August 2014 at 13:51
Good Afternoon Respected Members
I hve my case to be heard before the Hon'ble PO , Now the issues is since i and my client on medical grounds cannot attend the case . we both are medical sick. hence cannot attend the case for this date. and i think the PO is in favour of the defendant, now can i file a IA before the PO to prospound the case for 2 days later. which section is applicable , to propound the case for 2 days later on the medical grounds, becoy i am fearing that the applicant doesn't attend ,the PO will decide the case in favour of the Defendant.
will CPC section be applicable to prospound the case?
Thank you
Sandeep Hotwani
28 August 2014 at 13:49
Hello!
My query is that in a lease deed, after the Lock-in period, if there is no default from the Lessee, can the Lessor still terminate the agreement before the term of the lease is over?
For eg. if the Lease deed for a factory building is for 10years, and the Lock-in period is for 3 years, so after 3 years and till the 10th years, if the Lessee is complying with the deed without any faults, can the Lessor still terminate the deed, just because the Lock-in period is over..??
Rajiv Kaicker
28 August 2014 at 13:19
Can anyone send me the complete judgementb of
Food Corporation of India v. V. Mohammed Manzil, 2008 LLR 154 (Ker HC).
krunal
28 August 2014 at 13:16
Dear sir,
I have cleared my LLB Sem 6 (3 year course) exam this may 2014. I am 26 years and 6 months old. the bar council enrollment form states as under :
"Are you more than 26 years old? Y/ N (If you are more than 26 years old, and have not served anywhere or engaged in any trade, profession or business, you have to file an affidavit stating therein as to what you were doing since passing SSC examination and how you maintained yourself till today.)
I have cleared my SSC in 2003, TY Bcom in 2008, Mcom2 in 2011 and thereafter enrolled in 2011 for LLB.
My query is : 1) can someone provide me with the draft of the above affidavit?
2) Will it need to be stamped "and" notarised? what is the procedure?
Sahil Makani
28 August 2014 at 12:56
dear sir on sunday my car met with a accident with two pedestrain.. but i am not driving car at that thime. i gave my car to a engineer for servicing. and he took my car without taking my permission. car reg. is at my name. i am the owner of that car. now one pedestrain is died. so plz help me. what worse can happen to me.?. n what should i do legally??
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Mother property registering to son
Hi Sir,
We are 3 brothers. My mother has a house registered on her name which is a self earned property. Now she want to register this property to my elder brother where my younger brother is not agreeing to sign. Myself, my mother and father are ready to sign the papers. But still my elder brother is very much concerned about my younger brother signature on the papers. Please clarify me, Is my younger approval is really required to proceed for registration? Can my younger brother proceed legally on this in future.
Thanks.