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

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ASIT   19 April 2014 at 21:20

Small rubber plantation labour issue (kerala)

Dear Sir, I have 3 Acres of rubber plantation in Kerala and I appointed a labour for tapping the rubbers. I do not have any written contract with him. He is working per day scale. Now he is not do his job properly and he is demanding huge amount as end of service benefit. He is also threatening me that he will not allow anyone to work in my plantaion.

1. Is he entitled for Any end of service benefit. If yes how much for an year?
2. What is the legal prceeding to face his treatening and employ another man.

Advice from Keralite lawyers highly appreciated.


INDIAN LADY   19 April 2014 at 19:57

Re filing of HMA 13

Respected experts. In the HMA 13 case filed by my husband in Patila , which is transfered to Amritsar , I got the summoned to appear in the court and I appeared personely with my lawyer but niether my husbad nore his lawyer appeared in the court. My advocate requested for dismissal of the case but Judge told that summons copy is not received back which is sent to my husband and said that he will send the notice and in next date if he will not appear then he will dismis It. Where as we observe that advocate of my husband in other cases 125 , CRR 125 , was moving there and noted the along with his clerk and we read the cause list and found that he was not having any other case in that particular court. We requested to judge that his advocatev was here in the court but he said he has not appeared here and given the next date. The reason of not summoning was he has given the adress of his aunty in Patiala where as he is living in some other city . Now my query is should I tell to court abt his new address to serve the summons or request for dismissal of the case ? Suppose the case is dismissed then can he file the HMA 13 case again ? If no then it is ok if yes on the same grounds or new reasons ? Is there no restriction to file the same case again and again ? My elder son is with my husband for last one and half year and younger son is with me which is of 15 months. I hv not filed child custody yet for my elder son will it create any adverse effect on my other cases ? Kindly advice.

Raj   19 April 2014 at 19:05

Whether mediation cna be approached in 125 crpc

Sir,
In my family case, my cousin was directed to file the interim maintenance to children ( u/a 125 Crpc) but rejected the claim of the married woman as she is earning. But JMIC court has awarded high maintenance and against the order we move to the Session Court for revision of the interim order.the jMIC court has now fixed for Prosecution Evidence (PE) and next date of hearing is in May 2014 and besides there are 498-A/DV cases which are pending before different JMIC court and next date of hearing will be on July 2014

Please inform under such circumstances can LdJMIC (( where 125 CrPC) is pending ) be pleaded to send the matter for mediation of 125 Crpc Case? whether we have to move an application for transfer of case for mediation??

house wife...   19 April 2014 at 18:54

Exparte orders in dv case...

RESPECTED MEMBERS...
i filed DV on my husband 2 months ago.2 hearings passed but my husband or any of relative ,lawyer didnt came on any hearing.on first hearing judge said she will not send summons again.on second hearing she passed exparte orders in favor of me...
my husband is govt employ
ques 1.--why he not attend the hearing?summons are served i gave address of his office also....
ques 2. will judge pass orders to me of residence in his house? which is on his mothers name?
ques 3. what should be my next step now..???
very thankfull to u....

Koshy Tharakan   19 April 2014 at 18:14

Sarfaesi act

I have purchased a flat in Ahmedabad by taking partial loan from SBI. The Agreement to Sale (Banakhat) without possession was signed on 25 December 2010. The loan was sanctioned by SBI on 9 February 2011 after verifying all relevant documents. The sale deed was registered on 2 November 2012 and the builder issued possession letter on 1 December 2012. Now SBI has issued a letter on 12 April 2014 to me stating that the builder has availed a loan from SBI on 5 May 2011 (subsequent to my agreement to sale as well as my loan from SBI) by mortgaging the land and hypothecation the buildings constructed out of the bank's finance. The letter from SBI says that as per the agreement between the builder and the bank, the builder was supposed to take NOC from the bank before issuing the possession letter and in my case it was not done and as such the flat is still under the possession of SBI. further the letter says that SBI is going to invoke SARFAESI act. There are about 100 such apartment owners like me. Kindly clarify whether I have any legal protection against the bank in so far as I have signed the agreement with the builder as well as the bank before the builder mortgaged the land.

Gorthi   19 April 2014 at 18:07

Gratutiy applicablity on 4.6 years

Dear All,

Please confirm on the following.

One of our employee leaving the organization and he has completed 4 years 189 days ( From date of joining to last working day).We works 5 days a week.

Now please confirm is he eligible for Gratuity? Will it make any difference in following cases

( 1)Employee works 4 years and 195 days

(2) Company works 6 days a week Regards


Regards

karuna arya   19 April 2014 at 17:09

Installment of additional water tank

We stay in builder flat total 6 flat 3 front 3 backside, we are on top floor. We 6 flats have 4 water tanks on roof. 2 assigned for front and 2 for backside. Being on top floor we were always facing water pressure problems. Thus we installed extra tank on our roof which is being supplied with water from the common tank. so it basically being used for storage / supply by separate pipeline only.

Now I have a question that do we require to pool extra for electricity? Because our point is that use of water is similar as when we were using from common tank. Now the only difference is that we are using water from separate tank instead using from common tank. Also to fill this additional tank we do not have to use extra Motor because this additional tank is being supplied with water from the common tank only. Installing of separate tank was forced decision as there was no water coming in our house when taps were being used in ground floor or first floor.

biswajit pradhan   19 April 2014 at 16:38

Details of vehicle registration

can i get copy of rc book through RTI?

Dattatraya Vilas Pawar   19 April 2014 at 15:37

Professional tax

My Advocate friend is working under a company as a legal team member and from sales tax department he got a notice and asked him to pay the professional tax because earlier he has been practised as an advocate. Company pay the Professional tax on behalf of my friend which is deducted from my friends salary.
now what my friend will be do?
he has to pay the professional tax, but what about company, company deducted the same from my friend salary?
what he will do?
what procedure he has to follow?
Thanks & Regards.

thari   19 April 2014 at 15:07

National safety council

I want to know whether membership of NSC ( National Safety Council) is mandatory on company / factory / manufacturing unit ?