M.Kapoor
24 July 2014 at 11:32
Sir,I have a tenant Shop on ground floor in Kolkata.Over & above the road level about 2ft. With cemented floor.
Now we want to bring the floor leavel down by 1 ft.and fix vertifieal tiles on the floor.Any permission is required for above work from landlord or Kolkata Muncipal Corporation.Please Advise.
dear experts,
my client bought some land with building under auction sale by section 68 and 69 provision.after that my client went to register the auction purchaes registrar did't register the concern deed under registration act.he denies to register the auction purchase .i want to know whether registration act hve right to prohibit the above sale?what we can do?
Terry DCruz
24 July 2014 at 11:11
I have filed a writ petition by making Govt. of India and 6 officials as respondents. The affidavit is opposition is filed by none of the above officials but by some other official who is not a party to my case stating himself wrongly to be respondent no. 5 and filing the affidavit in opposition on behalf of other respondents as well.
can this be allowed. Any judgement on this point?
Seeker
24 July 2014 at 10:20
Hi,
My friend was living separate from his wife for last 5 years, but the wife and children continued to live with his parents only all these 5 years as he had to move out to a rented apartment. After numerous attempts in last 4 years for convincing wife for mutual divorce, he recently filed a contested case.
Now the wife has left the house 3 days back with the 2 children and is not letting anyone meet kids and not even allowing the kids to come on phone to talk to father and grandparents. Wife's family is continuously putting pressure that we will only allow you to meet kids if you agree to take the divorce petition back. This is going on for last 3 days and the emotional blackmail is on.
Please suggest what can my friend do here as he loves his children too much and is really worried for them, coz the his wife has displayed cruel behavior to children in the past few incidents just to get her work done. What can he to make sure that he and his parents can meet kids, as its illegal for wife to refuse the father from meeting children.
She has no grounds, and no court order, the case has hardly begin as she only recd the summon from court indicating that the case is registered.
Please help!
Ojus
24 July 2014 at 10:13
I'm contesting the divorce petition filed by wife on ground of impotency,non-consummation and mental problems. I've got medical certificate from medical board in my favor. She has also alleged that I married due to pressure from my family.
During my cross, most probably I'll be asked the question 'Why did you marry?'
So, please suggest best answer for such a question in this context.
kalpana
24 July 2014 at 10:03
I am working in a PVT ltd company and earning 12000pm. My husband applied a divorce case. and I am applied a Maintenance allowance. and he wants to proove that I am working and earning. so he dont want to give any MA.while working cant i able to get MA from him. what will be MA eligibility as per indian law
anil karnad
24 July 2014 at 09:30
sir, I had resigned from my employment of 12 1/2 yrs in July 2014, a the time of final settlement the leave encashment was calculated as follows :
(Basic monthly salary / 31 days )x balance priviledge leave
But my argument is that since I was the head of construction and through out my tenure with the employer had to visit & also stay for short as well as long durations overseeing/ supervising construction of factories, industrial units , the factory act should be applied for my leave encashment which should have been as follows :
(Gross monthly salary/ 26 days ) x balance priviledge leave
The employer is in the business of designing & constructing big factories/ industrial units on lumpsum turn key basis for oil, gas, petrochemicals, fertilizers and the clients are PSU's, private investors, listed companies.the scope includes construction, precommissioning, commissioning, operation of plant until guarantee test run & so on.
The employer is contesting that , the factory act is not applicable to me because I was above manager level & so on throughout my tenure with the employer.
Can you pl guide me and also sight the relevant law, paragraph , clause, section -- which is pertinent & befits correct interpretation.
regards,
SLall
24 July 2014 at 07:48
Sir/Mam,
Recently I came across an offer which required the candidate to join them within a duration of 30 days. As per the offer letter the notice period is 90 days in my present company.
I am ready to pay salary in lieu of notice period shortfall still my supervisor is not reliving and want me to serve full 90 days notice else he will issue an absconding against me. I have read several posts on this website pertaining to similar issue and the opinion that has been suggested by experts is that employees does not stand a good chance in this case.
My offer letter states that "After the expiry of your probation period, if you decide to leave our employment, for reasons other than retirement, you are required to give us three months notice in writing. If the company decides to terminate your employment, the company will also give you three months notice in writing. Also, it states that " The company reserves the right to make payment in lieu of notice in respect of Total Fixed Pay"
Also, after reading my company policies properly there is one clause of voluntary unemployment which says that if an employee chooses not to report to office continuously for seven days than company reserves the right to accept payment of the remaining days as a full and final settlement. So is this not contradicting their stand of issuing an absconding if I do not report to office after serving 30 days of notice.
My question is as follows:
1) In India, for a contract to remain valid (not null and void) it has to be enforceable from both sides. I mean it should be equal from both sides otherwise it becomes null and void. Hence, if a company is allowed to make payment in lieu of notice than is it not allowed at the end of employees. Can we not legally challenge a company?
2) I have written several letter to the management stating that as a good HR practice they allow me to buyback 2 months notice however, I have not received any revert from them.Is it possible that company even after full and final settlement is done (accepting money for days not served, or assets held by an individual) not issue a relieving letter?
3) If my new company is ready to take me on board without having acceptance on my resignation from my present company, do I really require relieving letter of this company. Documents to prove my association with this company for future include: offer letter, last three months salary slips, increment letter, resignation mails, handover mails. In future if I switch to some other company, do I require to submit previous to company's relieving letter or any document from above such as resignation mail + salary slips or increment letter can work out?
Kindly advise.
Thanks and regards,
SHAIKH ABDUL AZIM
24 July 2014 at 07:26
In how many circumstances rent agreement on cheque basis is legal in SRA Scheme in Mumbai? and who are decided the rent amount given to tenants in SRA scheme in Mumbai?
House on rent
I had given my flat on rent to a tenant for 3 years and subsequently for 2 years to the same tenant. We have made agreemnt and done the registration of the agreement also. The agreement is expiring in next month and tenant is asking for 2 years more stay. Since the flat is on rent to a tenant for consecutive 5 years now, is it advisable to rent it to a same tenant for another 2 years?
Pl advise.
Regards,
Sujit