insaniyat
16 April 2014 at 17:01
Dear Experts,
The judgement on DVC ordered me to pay monthly maintenance to my children which I am paying regularly.
However, my lawyer advice me to appeal for the reduction in maintenance and I agreed. Since last 2½ years the appeal is in the court. Both parties argument were recorded but till now no judgement passed.
Could you please advice:
1. what are the reason for taking such long period to conclude?
2. How can I request my lawyer/court to faster the proceedings.
3. can she file revision for maintenance once order passed for my appeal.
Thanks in advance.
krishna123
16 April 2014 at 16:53
Hello Experts,
I have a very serious issue regarding my elder brother's marriage.
My brother got married in March 2014 after-mid month. First time when we met their family, they gave us the wrong DOB of the girl as 1983 year (actually its 1979). My brother age is 1980. So she is elder than my brother. This we get to know after the marriage i.e. after 25 days of marriage, not even a month completed.
Since marriage day, she stayed with our family for only 12 days; remaining days she stayed at her own house with family as part of culture.
So, the problem is:
1. They have cheated us about the Date of Birth.
2. She doesn't know/show any responsibility towards family, husband or household activities.
3. She doesn't move closely with family members nor with my brother.
4. She is very dominant in all ways.
5. A small thing i would like to share, she never touch my brother legs when my brother gets pain. She says i won't touch your legs.
From the above issues, we doesn't want to continue with her. Our family is not happy with her and her behavior.
We need your help urgently.
Apologize for my poor communication.
biswajit pradhan
16 April 2014 at 16:34
can i know the ownership details of a CAR/BIKE using the Vehicle registration number instantly through RTI.?
Rajesh
16 April 2014 at 16:21
I was working with a software company and deployed in one of their client location.
I have attended interviews in both in my parent company and the client company. I was selected on 3rd Oct 2014. I have not received any mail regarding my selection or softcopy of my offer letter. I was forced to come on 4th Oct 2013 to finish the joining formalities in my parent company. But I was given the hardcopy of the offer letter and the appointment letter with 15th Oct 2013 as my joining date, since the client projects starts on that date.
I was also told by the HR that the joining date may be postponed if there is a delay from the client. But I have demanded the HR that I need my joining date to be 15th Oct 2013 and my payroll has to start by then. Since I had two more offers in hand and I had informed the same to HR, they have accepted to pay me from 15th Oct 2013. But the client project started only on 4th Nov 2013. I was recognized by the people in Client location for my work.
In Feb 2014, I got an offer in a startup company and I wanted to join there, since I thought it will help in my career growth. I have sent a resignation mail to my parent company on 10th Feb 2014 stating the same true reason. HR discussions were happened both over phone and in person. But I was firm in my decision to move out. I was first told that, it is not easy to relieve me before the project ends (Client project ends on June 2014). HR was demanding that the mandatory notice period is 60 days and if needed the company can extend it (It was in a hard tone). On my continuous requests, finally they agreed on 60 days of notice period and my last working date might be on 10th Apr 2014. But I have not received anything in written or mail.
During the mid of Mar 2014, they found a replacement and told me to give KT to that person. I was working on weekends also so that there will not be any delay in the task and project timeline (In my notice period). I have sent a mail with my client project leads in CC to my parent company also. I got some news from my colleagues that I will relieved by March end itself, since they got replacement. On 26th Mar 2014, I was enquiring about my last date to the project manager in Client location. He told that 1st Apr 2014 will be my last working day in Client location. Within 10minutes, HR from my parent company called me and told that 28th March 2014 (29th, 30th and 31st March are holidays) with be my last date and they are relieving me since they got a replacement. He asked me to come to parent company office for exiting formalities on 1st Apr 2014. Everything was over phone and nothing is in written or mail.
On 1st Apr 2014, I went to my parent company. HR gave me the forms to fill it. I already got a “NO DUES” form approved by the Client Company and submitted the same. HR told me then that I need to pay notice recovery for the 13 days, since I didn’t server my complete notice of 60days. Also the settlement will be made only on 25th Apr 2014.
I was surprised and argued with the HR saying that relieving me before the notice was the management’s decision and I will not pay any amount.
HR was stating the following during our discussion:
• I have to pay the notice recovery since I have not served the complete notice period. Management has taken the decision to relieve me only since I have resigned. He was asking why I have resigned before the project gets completed.
• Client don’t want to keep me since I have resigned. (He told that “No company will keep employee thinking that a person in notice will not work as expected. But I have worked for the client even during weekends and the client people know about my work well. I have forwarded the appreciation mails to my parent company also.)
• Also since I told them that I am going to join a new company.
• They paid me without any work when I joined. (From 15th Oct 2013 to 4th Nov 2013)
• If I don’t pay, there will be problem in relieving and for background verification for future.
• Also there will be some Audit problem and will be asked why the notice recovery is waived for the employee. They need to answer that.
I escalated to the HR Manger and she stated as follows:
• Why I have not asked the HR that why the company is relieving me before the actual date, when he called on 26th March 2013.
• It should be understood that if you didn’t serve the complete notice, you should pay the notice recovery amount.
• The replacement person is not billable to the client and the parent company is paying him when I was there (For 15days). That is a loss to the company because I have resigned.
• They are not going to force me to pay. But I won’t get my relieving letter.
After the arguments, HR told that he will talk to the finance and management and try to waive my notice recovery. He asked me to call on 10th Apr 2014 to get the update on this issue. But till today, he is telling that the management is not approving the waiver of notice recovery. I have not received my relieving letter also.
In Meanwhile, I have requested my new company and joined on 2nd Apr 2014. I have told my new company that I will be getting my relieving letter and settlement on 25th Apr 2014.
I am getting depressed because of their behavior even when I was very true and open to them. Please let me know what I need to do further.
shruti
16 April 2014 at 16:02
i would like to know that in a pvt ltd company, both of directors give an un-secured loan to the company which is excess the paid up share capital or free reserve of the company( according to sec 180) of the companies bill, 2013
so, i ask you to whether the company has to file an special resolutions or not?
AMIT KUMAR SHARMA
16 April 2014 at 15:58
Dear Sirs,
One of my Clint has been accused in a falls case by police.
We have sufficient proof to discharge.
Kindly advice me, when we can file discharge application?
What is the procedure of filling of discharge application in brief?
Can I get the format of discharge application from site?
G.P.Sharma
16 April 2014 at 15:38
Dear Sirs,
Recently i have signed on a XYZ co. service bond of my friend's relative as an guarantor without studying the matter on the bonddue to force . later i came to that person's character was not good. so now i want to withdraw my signature as guarantor from the above said bond. how i can do this? please tell me the complete legal procedure to withdraw my signature.
please help me and save from future risk.
Thanks in advance...
Ragards,
Sharma
sagar Rao
16 April 2014 at 15:29
Hello Experts,
In front of my house my neighbor had build recently Ground + 4 floors by taking only ground and first floor permission from GHMC (Grater Hyderabad Municipal Corporation) three floors had been built illegally by not leaving open space for setbacks and parking area for parking vehicles.
Six months back I had given compliant to GHMC against our neighbor because of parking of vehicles in front of my house, after requesting to him to not to park the vehicles in front of my house, but he was not lessening to me and told me that I will park the vehicles here itself and do whatever you want to do.
GHMC people had inspected the site they had issued the notice and in these regard he had filed the case in city civil court and got stay order and now completed his house construction, GHMC also filed case against to him.
Now the matter is in the court and both lawyers (I.e. GHMC & my neighbor) had reached to one understanding of compromise and accordingly they are following, in these regard I would like to know whether court in his judgment will direct my neighbor to leave open space for setbacks and parking area for parking vehicles, as he had already build rooms in ground floor and accordingly he had built same thing in upper floors.
Else shall I file the case against them to get the judgment with in time frame and to follow building rules & regulations according to GHMC.
Expenditure incurred to me for fitting the case, his recoverable from GHMC or not please inform for which I am very thankful to you.
Sonia Kapoor
16 April 2014 at 15:14
Experts
I would like to ask when a foreign party of America is serving summons on Indian Defendants via Ministry of Law under the Hague Convention, is it necessary that all the documents (service request + complaint packet) has to be original hard copies;
secondly, whether these documents needs to be directly delivered to the Ministry or delivery of documents can be done through a law firm who shall submit to the Ministry itself.
Please clarify..
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Re: jurisdiction of consumer court
Dear Ld. Experts,
With regard to the above subject matter, Consumer has paid advance of Rs. 3,00,000/- to the Opposite party (Company located in Noida, Uttar Pradesh - 201301, India) for purchase of Solar Hot water system. After repeated follow up by the consumer through email, the company did not send the goods to the consumer. On account of non-performance by the Company, The consumer requested to refund the advance deposit transfer, but the company did not reply to the Legal Notice sent by Consumer (Residing in Mumbai) through Reg. Post A.D. to the Opposite Party (Company located in Noida, Uttar Pradesh - 201301, India.) on account of non-performance of service provided by the company to the consumer.
In the above case referred, in which court should consumer file the case?
Should the consumer file case in Mumbai (Consumer Court, 3rd Floor, Collector Office, Bandra Kurla Complex) or in Consumer Court located in Delhi?
Request you to kindly reply,
Thank you,
SAM