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Nitin Malhotra   08 May 2014 at 22:08

Legal action against movers and packers

Hello Experts.

I need help with your expert opinion about an issue with my movers and packers. I had booked my car for transport from a mover and packer in Pune. The car was supposed to be shipped from Pune to Mohali. The car was picked up from the origin (Pune) on 27th April, 2014 and I was told it will reach Mohali in 7-8 days. After following up with mover’s guy, the car finally reached after 10 days on 7th May, 2014. The delay is not the problem.

It appears the car was driven from Pune to Mohali rather than being sent in the container. The meter reading at origin was 3500 KM and at the destination it is 6500 KM so it has been driven 3000 KM in 10 days. The car has stains on the back seat and the radio antenna has been broken. We were called by a police guy in Mohali to pick the car. He says he is the uncle of the person who drove the car from Pune to Mohali and since driver went out with the family, he had asked this police guy to handover the car to us.

Now I am worried if my vehicle was used for any illegal purposes during the move. I mean the damages aside; I do not want to get into any legal troubles in future because of this car being used for any illegal activities during the move.
Could you please help me and let me know what can I do to be on safer side for any future legal troubles? Shall I send a legal notice to the mover or file a police FIR? I am not sure. Please help.

Thanks for your help in advance.

Ramakrishna Kurup   08 May 2014 at 21:31

Christian divorce

My client is a working as nurse in UK.Her husband working as Engineer in Dubai.Husband is involved in money transactions with several persons in Dubai.He has almost lost his job .He has extracted a good amount from his wife saying false reasons. The husband has now no contact with wife and he is reluctant to live with her .More over he cannot return from Dubai due to his liabilities to bank and others. Family of both discussed and reached a solution for filing joint divorce petition under mutual consent .In India both parties to marriage are necessary to file the joint petition.
Now my question is whether husband can get his affidavit and joint divorce petition attested in Dubai by Indian consulate and file it in an Indian court for getting a divorce.

Navneet sharma   08 May 2014 at 21:23

Full and final settlement

Dear sir/ Madam,

As i am joined a limited company on 8/12/2012, as a site engineer for the project in Himachal,at the time of appointment company give me appointment letter in which i am in probation period for 6 months, as i have completed my six month successfully, and asked HR department for confirmation several times, Hr says if company issued not any confirmation letter or any type of letter to extend provision period it means that i am confirmed.But after 15 months when i request to pay my Bonus as per appoint letter they refuse to pay it and says it will paid financial yearly, Company also stop my sallery for the months of sep and oct 2013. They paid my salleries in parts.

On the month of december2013 I have taken EL for five days approved from project engineer my reporting officer as per company rule, But HR cut my salery for the same saying that you are not confirmed, after 5 days my father have hear attak again i take my EL for the same with approval by my Reporting officer this time also company also cut my salery.

On the month of Feb 2014 company again stop my payment,when i argue with him, MD of the company Terminate me from the service.

As per Companey rule I cleared all dues on me at site and gived aknolegment to HR on 9/4/2014 snd request for full and final settlement.

After so many request, today i got the mail of full and final sttlement, in which

1. No Pending 10000 rupee is included which was Hold by the compny from december.
2.No one month compansate salry was includes as company terminated me with out any notice period,
3. No EL are calculated which i earned in 16 months of service.

Kindly suggest what to do.

Also suggest what is law for confirmation in the company, also suggest as this is the limited company but they are not giving me the facility of PF and insurence, My salary is only 17500.

Thanks

Navneet

Senbagam mani   08 May 2014 at 21:15

Ancestral property

my father signed and gave my grandfather's land to his brother(my chacha). he has built a house.

as per law both my father and my chacha have rights over their father's land. but here my father gave whole land to my chacha without taking any share init.

now do i have any rights over tht land, as it was owned by my grandfather?

if yes, then how can i claim my rights? sollution plsz....

Partho   08 May 2014 at 21:11

Birth certificate

Dear Sir/M'am,
I was born in Ranchi (Jharkhand) in 1984 and my birth certificate was submitted to the kindergarten while admission, upon going to St.Xavier's School the kindergarten issued a Transfer Certificate (like Migration) on which the DOB was stated, based on that it has been the proof of my DOB and after passing matriculation (ICSE) in 2000 that has been accepted as proof of DOB all over India. Even my PAN Card, Passport, etc show that. Now I've suddenly got a scholarship to go in Germany. But the German Authorities NEED me to submit a Birth Certificate. Since my family has relocated to Durgapur in West Bengal in 2006, we don't have any more links or address in Ranchi. Could someone guide us how to get a Birth Certificate from the SDO Office (Kutchery Road) in Ranchi.
Many many thanks in advance!
Sincerely,
Partho Halder

Santosh Tudu   08 May 2014 at 21:08

Arrest of accussed

Sir, a accused has been arrested by the police, accused is in police custody for 1 month due to he is under treatment in hospital and could not be produced before judicial magistrate for judicial custody yet, my query is whether it is lawful ?

Nithiselvan   08 May 2014 at 19:41

Rented house

Dear Sir,

The query will seem to be silly but it is an urge for a common man who is earning normal money by hard work which he doesn’t want to loose or waste just like that. Amidst this kind of house owners standing on the tenants head. I had seemed a lot of good house owners in this society.
I had shifted to a rented house by March 1st 2013. As per rental agreement I have to pay EB bill. But the owner said his house is newly constructed and the eb bill will come after one year. So he calculated the monthly eb charge on his own. For march and April 2014 I had paid what they asked(195 & 245).
Then by june 2014. He asked to give the Eb bill fixed amount 300 rs. But I refused because some month I will consume less. Its loss for me. Some month I will consume more, its loss for owner. I had told the owner that in future there should not be any confusions and demanding on this. But the owner Is strong on his fixed amount. Finally I am locked and I agreed for that amount.
By Feb 6th 2014 they had intimated that they increased the rent amount and fixed eb charge to 400 rs and if I am not afford for this increase I should vacate the house by March 2014 End(2months notice). I had replied that I cannot afford for his increase in amount and I will vacate the house by 3 months notice as per agreement and same they agreed.
As per my words I had vacated the house and handed over the key to the owner, asked to deduct the April 2014 rent in advance and asked for advance amount. But the owner’s wife said that she has to discuss with her husband who is in Dubai regarding painting charges. After 4 days they intimated my advance amount deductions.
1. When her husband came to India for vocation. he noticed that I had consumed 12 units /day. After vacating the house they are asking and I have to pay 200 rs additional per month calculated from August 2013. This amount is more than what they revised(400rs/ month) in Feb 2014. I had refused to pay and asked for proof of meter readings and eb bill. But they resetted the meter reading some day when they changed their single phase line to three phase. And it was not intimated to me. Since this deduction was not intimated to me prior to vacating the house.
2. Also regarding painting, agreement says tenant has to handover the house after painting it. I should abide by that. By the time of vacating they said they will discuss with painter and get the price and intimate me . After 2 days they informed me that they had painted the house and forcing me to give the charge for painting and It is also be deducted in advance. More ever the painting charge what they are asking is very high. Even I can do it in half of the price….
Finally the house owner makes lots of deductions in eb charge and painting charges by overruling the agreement. Now he is not releasing my balance advance amount. For my new rent house I got the advance amount on credit and paid. Kindly advise me. I don’t want others thing and I will not allow others to take my thing even its is 1 ruppee.

Kshitij Shah   08 May 2014 at 19:37

Maxi. duration of live and license agreement

I have an office at Ahmedabad city which I want to give on Live and license agreement to one Pvt ltd. co. who wants to keep that for 5 years. One local lawyer informed me that Live and license agreement can not be done for more than 364 days. So I will have to do lease agreement only.

Pls let me know your opinion. I am more interested in live and licese agreement. So is it possible for more 3 to 5 years ?

GANGAM.RAJENDER.   08 May 2014 at 19:22

Complaint before sub register

respected sir,
the declaration of title suit has been filed in the year 2006 and which was compromised(TOTAL LEGAL HEIRS ARE NOT INCLUDED IN THE SUIT ) in the year 2013 november.as the petitioners are alienated the property to the third party in the year 2012 during the lis pendence (during the case period).AT PRESENT THE LEGAL HEIRS WHO ARE NOT INCLUDED IN THE SUIT ARE FILED THE SUIT IN THE YEAR 2014 MARCH.WE ARE PRAYED IN THE PLAINT FOR CANCELLATION OF SALE DEED .
Q1.CAN WE ANY CHANCE TO FILE PETITION BEFORE THE REGISTER TO CANCEL THE THE SALE DEED.
Q2.WHAT STEPS WE HAVE TO BE TAKEN BEFORE THE SUB REGISTRAR REGARDING THIS ISSUE PLS GIVE ME SUGGESTION SIR.
Q3.CAN WE FILE ANY CRIMINAL CASE AGAINST THE SUB REGISTRAR IN THE HON'BLE COURT. THANK YOU SIR.

nashirul   08 May 2014 at 18:53

Inheritance

hindu family consisting of four brothers.property was under occupation with their father on verbal agreement from the real owner for twenty years without any sale deed .The real owner executed an agreemet that property shall be transferred in near future but father died without transfer .The elder brother got the property transferred in his name from the real owner .and it was under the occupation of the whole family till today .elder brother died recently ,what he did ,he sold the property to someone,who is claiming the property on sale deed.now my question is whether the remaining sons and daughter who is under the possession till today .can they claimed any right in the property being legal heir of their father,whether the transfer done by the elder brother is acceptable in law .and laslty at the time of agreement between the father and the real owner ,the elder son was witness to it and he put his signature as witness at that document.can the remaining brother can claimed any right in that property on occupancy right,can a case be made out . pls help me.