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Member (Account Deleted)   12 July 2014 at 11:31

Domestic violence

It is therefore requested that it may be clarified as to whether my sister can file the application/complaint under Domestic violence before the Women Cell

Mustafa Bhat   12 July 2014 at 11:29

Maintenances

Sir,
In 2009 my divorce wife filed Maintenance petition for my baby to CJM, who transferred the same to Munsif Court in 2009 & maintenance of RS 2000/- was awarded which I am paying.Then in 2010 they filled revision petition for same which was dismissed by Session Court.
Now they have filed in 2014 for enhancement in the same Munsif court which awarded Maintenance.
Now my query is that can Munsif Court entertain her petition for enhancement as It has not been routed through CJM court.

Jagruti   12 July 2014 at 10:57

Ecs bounce notice format & complaint format

Please provide me the sample format of notice and complaint in case of ecs bounce happens.

Jangid Subhashchand   12 July 2014 at 10:31

Sir, process to make change candidate name in 10 marksheet i had done 10th in 2008............and 12

Sir, Please tell me Process to make change in candidate name in 10 class marksheet ,i had done 10th in 2008 from gujarat board and my name in 10th marksheet is JANGID SUBHASHCHAND BHAVARLAL............and 12 class in 2010 rajasthan board where my name is JANGID SUBHASHCHAND .....Currently i'm doing Graduation.....

Adv. Rajan Kotecha   12 July 2014 at 10:04

Anticipatory bail

Is there any case law, wherein it is held that " during the pendency of Anticipatory Bail Application, applicant shall not be arrested" ?

preeti trivedi   12 July 2014 at 07:07

Civil law withdrawal of name

respected wise people,

I am preeti ,i belongs to Hindu family we are four sisters and one brother

We have 65 hectare agricultural land of my grand grand father in Indore district

We four sister were fighting a case against the brother for property division of land according to Hindu succession act

One party is we four sisters and other one is brother

The case is running from 5 years still no conclusion. Due to this case i remains in depression whole time my son and daughter also suggest to keep away from case

now I want to withdraw my name from this case.
I am sister no 2
my age is 55

can I do so?
How could I do so?
If I do so, would I get my legal share on conclusion of case.

Member (Account Deleted)   12 July 2014 at 04:38

Employer refusing relieving/clearance certificate,lost temporary pass issued by minofdef post resign

Hello,

I worked with an engg. service provider as a Design Engineer and was deputed at a Defence Site.

Though my employer is based in Gurgaon, I worked at client site, New Delhi, only (October to April 2014). I visited my employer's office only twice (interview & joining). My offer letter does not mentions notice pay though it mentions notice period (1 month). It also mentions that all my original certificates are to deposited which I refused. They tried to convince me (I was unemployed) but finally settled on to deduct 20% salary for 2 months instead. They deducted Employer's share of EPF from my salary as shown by salary slip.

15-10-14 - The client (Defence Directorate) upon joining issued me a Temporary Pass for Contractual Employment, issued by Min Of Defence. Of course after signing some documents which though I am not sure, was perhaps similar to Army Act. I was not given a copy of it.

All of us (non defence personnel) were barred from carrying cell phones inside, which hurt my further job hunt, though there was land-line in office but we were told to access it only in emergency. I used to keep phone in lockers for visitors as everybody else who knew its password including the employees of other firms working in same building.

02-01-14 - When I was going to put my phone there it was seized and I was given a paper (security violation). Some uniformed defence personnel visiting that area and not holding authorized phone pass, were also charged. We collected phones from Defence Security HQ near Rashtrapati Bhawan. From that day on I started keeping phone at a shop nearby.

The client regularly briefed us on significance of the earlier mentioned document, pass & security every month. During meetings some of us (not me) asked our supervisor (another non defence firm's representative) & employer to request the client to grant us a place for a formal safekeeping of cell phones as we used to keep the phones at shops nearby. Supervisor always said the client had denied.

I didn't like the job as it was non-technical copy-paste work (only according to me, not others) and unavailability of cell phone during office hours was hurting my job hunt. I conveyed it to my employer through written self-appraisal. I do not possess a receiving copy of it. I verbally cited this as reason for my unauthorized leave record (20 in 6 months) implicitly to the client also a number of times. Sometimes I informed through SMS (for leave, not the issue).

18-04-14 - Salary of march was finally paid after client pressured employer. No prior intimation of delay. I implicitly told colleagues I am thinking not to work till salary is paid. They told me last year when they did it (in April-13) they were told by client to 'Go Home'.

28-04-14 - SMSd client that due to medical issues I will not visit office.

16-05-14 - I resigned through email to HR, Admin & CEO. Cited health problems as SMSd to client for not being able to resign in-person. Proposed notice period to end on 30-05 OR 15-06-14. Requested to acknowledge and confirm the date of release. Stated I am not in possession of any of company's property. Asked for April's salary. Gave bank account details and address.

In between received call from employer's representative for pass. He told me if unable to visit office courier it at Gurgaon Office. I agreed to do so. When asked him about certificates and April's salary (I worked for some 18 workdays) he said contact Gurgaon office.

30-05-14 - Asked for unpaid salary of April & settelment certificates again.

30-05-14 - HR replied by saying you are continuously absent and received your resign, you have not served notice period. Contact Admin for salary.

30-05-14 - I replied by citing that I have mentioned the notice period in resignation & had asked them to confirm. Mentioned since still having health problems not able to visit office and requested again for salary and confirmation of release date.

31-05-14 - The pass expired(Was valid till 31-05-2014)

10-06-14 - Sent a signed resignation letter to Gurgaon office (The Manager HR & Admin) attaching the printout of email. Additionally requested to consider absence from 28-04-14 till 15-06-14 as leave without pay. Asked for everything (salary, relieving cert.) again by 15-06-14.

In between again a phone call by from employer's representative for pass. Again I agreed. Made my same query again. Same reply.

01-07-14 - Again he called this time I told him I'll deliver the pass (but inform him the date when I will deliver) only if he updates me on salary & relieving issue.

04-07-14 - Admin manager (employer) called (from client location) for pass. He told me the client is furious and contemplating action for the pass. I made my same query. He told me come to Gurgaon we'll talk. I agreed.

5 minutes later I thought what if the pass gets lost during courier or employer doesn't acknowledge the receipt. I called admin back at same no. He had left by then.

04-07-14 - I emailed HR, Admin & CEO stating that pass requires submission only to Security Office (Client Site/HQ). I added that the pass may not be in my possession. Even if it was I can send (by POST/Courier) the document/FIR copy of lost & found, only when EMPLOYER provides me formal acknowledgement of my resignation AND release/NOC/clearance letter through e-mail AND mail (not by phone). They may add the directive regarding submission of the above mentioned document to it.

Added that I forfeit any financial (including salary of month April'2014 and security) or professional claim provided EMPLOYER formally acknowledges the mutual termination of the contract and I wish to communicate with EMPLOYER only through e-mail/mail.

07-07-14 - Hr emailed.

Loosing pass and not reporting its loss is a grave misconduct besides having its legal implications as also reportedly explained to you during numerous telephone conversations.No NOC can be granted by EMPLOYER till you have submitted such an important Defence security document. While we received an email from you about your intentions to resign but such a request is to be followed up with a written and signed letter addressed to EMPLOYER giving due reference to your appointment letter and joining report. This has not happened yet. These actions need to be completed before your resignation can be accepted. As of now you are unauthorizedly absent from your duties with EMPLOYER. You are therefore, advised to immediately locate and return the Defence HQ security pass issued to you. Submission of a loss report and a copy of FIR is bare minimum necessary before EMPLOYER can act on your resignation request.

07-07-14 - CEO emailed.

You may please note that unauthorized holding of MoD identity card or its alteration, destruction or transfer to another person is a penal offence. I would, therefore, request you to attach due importance / urgency to the matter and revert back to us by 09 Jul 13.

08-07-14 - I registered a Loss Report online with Delhi Police. emailed Employer the LR no and way to verify it.


Then in moment of heat ( and in all my infinite wisdom) I committed 'suicide'. Please see at-least page 6-9 of the attached PDF. I cannot reproduce it here.


Please help me in finding a legally binding solution (alongwith the relieving/clearance certificate, NOT at all interested in money) without:

- visiting court
- Client office
- Employer's office

I do not intend to inform my family about this. I'm sole earning member.

I am sure the employer(may be not) and Client (Damn Sure) are contemplating legal action.

RAJESH KUMAR PANDEY   11 July 2014 at 23:27

Can I file contempt

Dear Sir, I had rented one shop and afterwards my landlady has denied electrification and given in written to SDO electricity not to give electricity , than I had took the help of High court. Hona'ble court has asked SDO to decide and then the Ex En has decided in written in my favor. But after four month of struggle still electrification not happened. Now my agreement for the aforesaid shop has expired and I have filed injunction suit.now can I file suit for contempt against SDO. Please advice as I am in great trauma

riddhi   11 July 2014 at 22:28

Regarding passport name issue

for change in name for passport what is the procedure..
i have never issued passport ...

some minor difference is there in name...please suggest me

saiebabu   11 July 2014 at 22:00

No objection certificate


Dear sir,
My sister had filed a divorce suit against my brother in law in 2006 and added an interimm releif suit to it latter, but our doubt is that our lawyer colluded with my brother in law and left the case as it is after an initial disburssal of some ammount, now in the year 2013 my brother in law had expired in the month of february due to cardiac arrest after a long period of hospitalisation,now when my sister went to claim her family penssion benifits the office people are not responding well and asking who she is? here I would like to state that my brother in law had given in writing that my sister and her children are nominee's and as far as we know he had not married again so, now how to show to the office people that my sister is the only nominee for her husbands family pension and other benifits as there is'nt any divorce issued to her so how to get a no objection certificate from the court to grant my sister her due benifits?