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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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ashokkumar   20 April 2014 at 19:59

Employer not issuing my experience / relieving letter and salary dues


Hi,

I was recruited for Kuwait company as a contract employee by Indian based company. My initial contract was signed for 9 months and then the contract extended for 12 months. I didn't renew my contract on last November due to salary issues.
I have resigned the contract job on March 2014 and my Indian employer accepted it.
The Kuwait client asked my Indian employer to transfer my work permit to local sponsor, but they had some agreement problems.

My Indian employer send me back to India after cancelling my work permit without informing client or hand over the pending work. In that last week, they kept my passport for visa cancellation and hold for more than 6 days. And my Indian employer got my signature in the final settlement paper from their local Kuwait sponsor, without paying salary dues.

I stayed in Kuwait room without any proper document for some days, so I send mail to VP & HR manager of the company about the below issues,
1. work permit cancellation can be done in 2 days, but holding my Passport for more than 5 days.
2. Questioned about the final settlement paper signature from Kuwait sponsor(my Indian employer sponsor) without salary dues.
3. company paid salary after deducting 10% tax every month and provided me with form 16A. So I questioned why I was taxed for Kuwait earning and then asked to sign local sponsor final settlement paper.


After coming back to India, they are not issuing my experience letter, relieving letter and salary dues. They are asking me to sign apology letter for sending mail to VP.

Is there any Indian law allow employer to hold the experience letter and salary dues for this case. Is there a way to get this document through legal?

Bab   20 April 2014 at 19:32

Cancellation marriage after grand engagement without proper reason.

Dear Sir,
My problem is very different.
I need your valuable suggestion regarding my marriage problem.
I was engaged with bride on mar/14 by mutual understanding of me, bride and our both families in presence of our relatives and marriage mediator and marriage date(May/14) was also finalized on engagement date as per Hindu tradition and culture in restaurant.
At the time of marriage discussions, bride’s father himself offered some properties as a gift to her daughter and some money for our marriage expenses. We also offered gold to bride for marriage which costs equal to some money which offered by her father.
Before engagement, bride’s father gave us half of some money for marriage expenses by mutual understanding in presence of relatives and marriage mediator.
After 40 days of engagement and before 2 weeks of marriage , her father told that they want to cancel the marriage due to horoscopes are not matching and if she will marry me, she will face lot of problems in future as their astrologer said.
My family has reputation in society and we have lot of relatives. We already said to all about my marriage. But bride family dropped marriage due to horoscope mismatch.
I feel now that my marriage life was spoiled due to cancellation of engagement and ours is very traditional family. It is not that much easy to marry another girl practically and also my family dignity was spoiled in society. We all are requested bride’s father. But he refused.
I and my family want to get justice from bride’s family. We want to fight legally to punish them.

With regards,

Kishanchandra Kothari   20 April 2014 at 19:18

Query related to housing society matter

Dear Sir,

In one registered society can a member take two flats in the same name i.e first name being the same in two different wings?

Regards
Secretary

ashokkumar   20 April 2014 at 19:06

Tax on onsite earning

Hi,

I worked as a contract employee with a IT company in Kuwait through India based IT company for more than 2 years.

My current company provided work permit for Kuwait and got my monthly salary in my Kuwait local bank account.

But they used to credit the salary after deducting 10% from my salary for first 6 months of the financial year. They used to deposit the 10% amount as tax in India and provided me form 16A(195J).

I want to know whether the 10% tax has to paid, even though the salary is earned from tax free country and also not in India account?

How I can get the tax returns by showing as foreign earning?


LEGAL-CIVIL CRIMINAL   20 April 2014 at 18:32

Framing of charges in 498 a case.

A private complaint was filed u/s 498 a AND some other sections and magistrate issued process on about ten relative of husband living separately since beginning.


Now even after two years no charges are framed and only attendance and dates.

So query is whether framing of charges in needed in private complaints also and if not done what further steps accused should take to come out of the problem.

RADHAKRISHNAN. N.C.   20 April 2014 at 18:23

Registration

whether a lawyer can make scribe writing without any assistance of scribe writer

kulwinder singh   20 April 2014 at 17:47

Forensic analysis of document

I am involved in a civil case pertaining to a Will I believe to be forged and am the respondent. The plaintiff has now placed original (unregistered) Will on file. My question is if I were to hire a forensic document examiner what would be the procedures that I should follow? Thank you for your assistance.

Sadanand B. Panchal   20 April 2014 at 17:28

Can i file application before hon'ble court to dismiss the complaint case as per provisions of 46

Respected Experts,
One lady filed false compliant to the Police against me for which Police registered FIR bearing xx/27-2-2008 under section 509, 506,504 read with section 34 of IPC where date of offence alleged is 20-1-2008. Police arrested me and produced before the Hon'ble Magistrate Court on 12-3-2008 when I was released on bail of Rs.5000/-.
Thereafter Police registered a C.C. no. yy of 2009 in the year 2009 and notice to attend Court was given to me for first instance on 6/12/2010 (It was first adjournment of the matter C.C. no.yy/2009). At that time for the first time Police submitted Charge Sheet and copy of the same was tendered to me before the Court.
FIR reflects offence u/s. 506 of IPC whereas Charge sheet reflects section 506 part II of IPC. In Mumbai this Section is cognizable and non-bailable as per MG Gazette.
Thus Charge sheet was filed after two years from the date of offence alleged.
I released on bail in the year 2008 thereafter charge sheet was filed after two years after registration of FIR which reflects section 506 part II of IPC.
For offence u/s.504 or 506 part I of IPC punishment of imprisonment is Two years. For offence u/s. 509 of IPC, Punishment of imprisonment is one year. For offence u/s. 506 part II of IPC punishment of imprisonment is seven years.
Every time Prosecution used to take adjournment more than 6 months and last time the matter was called out on 10-10-2014 and the court want to start the hearing and asked me for Advocate. I told that I could not appointed private Advocate for financial reasons, therefore the Court pleased to appoint a Government Advocate. The Government Advocate on 22-01-2014 has unexpectedly withdrawn his Vakalatnama without mentioning any reasons. At this stage I have no Advocate. Hence I am making following query, kindly help me:
1)As I have already released on bail as per offence u/s. 509,504,Sec.506 (I) IPC mentioned in the original FIR, can section 506 part II of IPC (non-bailable offence) applicable to my case? If not then can maximum term of punishment is two years be maintained for Application u/s.468 of Crpc.? IF yes then can Court pass order to arrest me u/s.506 (II) of IPC even after I was released under bail?
2)Is charge sheet filed by the Prosecution after two years of the registration of FIR is barred by Limitation? For what?
3)Can I file Application before Hon'ble Court to dismiss the Complaint case as per provisions of 468 of CrPC.?
Thanks,
Sadanand Panchal

suren   20 April 2014 at 16:53

Income tax

Dear Experts,

Our housing Co-op society proposes to invite Maintenance Fund Deposit ( Interest free ) from its member.
The Society further proposes to keep the same in a Co-Operative Bank in the Joint Name i.e. Society"s will be at First holder Name, Jointly with concerned member at second .

The interest accrued on such deposit will be credited to the society's account directly by bank and society in turn will adjust the same amount in the maintenance fund payable by the member from time to time.
further, at the time of maturity, the fund (Principal) will go back to member's account as per the terms and conditions laid down while putting the FDs with Bank.

Query :-

What will be the Income Tax Liability of such interest income generated.

Interest is credited directly to Hsg Society's account (exempted being co-op to co-op).
Or, will it be liable to member ???

Thanks and Regards

arun kumar   20 April 2014 at 15:54

Marriage certificate

Sir,
My uncle a resident of borivali, mumbai got married 22 years ago but have not registered the marriage so far. As of now he has applied for visa to Europe and asked to submit Marriage certificate.
please suggest wheather it is possible to get marriage certificate at this stage and what is the procedure to obtain it.