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

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hari   14 December 2013 at 15:42

Absenteeism from work

Dear Sir,
I have joined in Xyz Company where they were not issued any appointment letter for one month. Because of my personal reasons I submitted my resignation before getting the appointment letter. Then HR asked me serve 2 months notice period which is not mentioned in any paper and not disclosed properly. When I asked HR the same they said that all these rules will be mentioned in appointment letter but you are resigning before getting that letter and all these rules will apply from joining day automatically even though you are not signed any paper . From my resignation date I stopped going to office and I mention it in resignation mail as well.
But the company ID is left with me so after 15 days I send them a mail asking them that if there is any exit formalities left from side. They replied like they will get back.
After some time I joined another job where I did not show Xyz experience. After 3 months of resignation of Xyz again I got mail form them .

Total 60 days notice period shortfall due is [2 months Gross salary]


Below are my questions
is it Absenteeism from work?
Am I needed to pay that amount?
if no what I can respond ?
if yes how much I can accept to pay and what are clearances I have to demand from them ?
what about the other components like welcome kit unused, insurance ?

Could you please advise me how to proceed?


Mukesh Khandelwal   14 December 2013 at 15:10

Advocate

can an advocate became the adviser or agent of a general insurance agent

Annu   14 December 2013 at 14:43

Nuisance

sir ,i am organising a function in a hotel for about 500 people.
1.what can i do if any uninvited outsider creates nuisance in the party for the sake of defaming me?
2.how can i ensure that no such element creates any disturbance in the function?

NANI   14 December 2013 at 14:39

Compensation

X' an employee goes to attend to his work riding on a bicycle and is involved in an accident in the course of journey . Is the employer liable to pay compenstation?

NANI   14 December 2013 at 14:35

Lock out

Hi ,

Greeatings of the day,

A lock out was declared by employer. Then the appropriate government refers the disputes for adjudication. The employer does not lift the lockout . Is the lockout illegal

Give me your valuble suggestion .

NANI
LLB-Student

sally   14 December 2013 at 14:14

Personal loan not paid for 4 months

I have taken a personal loan from babaj finance for 170,000 and later came to realize that I was paying an interest of 32%, the tenure is 36 months from feb 2013 to sep 2014, I have paid continuous for 16 months and for the past four months due to a problem with my employer I was not able to pay my emi, the bank people have used given me mental torture, public nuisance to my neighbours and behavioral harassment to me and my family, Please advise what can be done....I am a lady

saira   14 December 2013 at 14:10

Inheritence

can a muslim widow claim her right over her husbands business which is actually a family business run on a propritoship in the name of my brother-in-law?
or can she claim maintenance from that business till she remarries?

VENKATESH BHAT   14 December 2013 at 13:39

Share transfer

Sir, I bought 1000NOs of shares of Shree Renuka Sugars from a Party and sent to transfer the shares to Kary (R&Tagent) and the shares got transferred in Dec 2008 and same were sold by me through broker by dematerlising the shares. In Jan2009 Some ONe person to my house informed me, that you have transferred my fathers shares without intimating to my father. I have neglected that person assuming that he is not genuine person. But in Dec I have been by POlice people to provide the details that how u have got transferred the shares. Entire procedure & my bank statement has given to poice people showing the amount transferred to the party and explained the procedure how i got the shares transferred. IN the meantime I found that shares, who sold to me were not genuine persons and found that I have been trapped. IN 2010 june original share holder have lodged private complaint through, bookder fir against me. After so many interogation Police people have found that shares were stolen from company office and were fabricated the documents. IN this case police people have arrested 5 people (expect me)and were released on bail. In this dealing I have purchased share only if the shares were not genuine, the company people or R&t agents will reject the share transfer. But in this case I have been unncecessarily trapped & accused. Even police people also found I am not the guilty & I have been assured that we will not arrest you will considr you as official witness. But that was not happen. In this case I found R&t agent have not sent the Seller NOtice copy to the original share holder. 2. One the renuka sugars staff(now he ex-staff) was involved. 3. Shares certificates were not sent to the original share holder. I request you KINdly inform me how I have to defend myself. one drawback is on my side is I have the duplicate share holder to a bank and helped to him open a bank account.The case is going. and still charge sheet in filed by the court.

A P Singh   14 December 2013 at 13:38

Short term capital gains -point of taxation

Respected Sirs,
Assessee's husband purchased 17.21 kathas agricultural land in Rs 825000/- in fy2011-12 (sale deed registered in April,2011)in her name . Assessee entered into agreement to sell 6 kathas of the same land in Rs 12 lac in Sep,2011 and received Rs 8 lac in cash by Feb,2012.
Thereafter ,the vendee paid Rs 250000 in cash in FY 2012-13 to the assesse. Because of very high stamp duty coupled with cash crunch the vendee got registered sale deed for only one katha land and that too in FY2013-14 April.
My question is the vendee has effectively paid consideration for 4 kathas land in FY 2011-12 itself and for 1 katha more in FY2012-13 itelf yet only 1.1 katha land has been transferred till date. A total of Ts 1.5 lacs remains unpaid. Assesse has to file belated returns for FY2011-12.SHOULD HE OR SHOULD HE NOT PAY SHORT TERM CAPITAL GAINS TAX FOR 5.25 KATHAS AGR. LAND SOLD, AGREEMNT FOR SALE FOR WHICH WAS EXECUTED IN SEP,2011 AND SALE CONSIDERATION RECEIVED FOR 5.25 KATHAS LAND YET ONLY 1.1 KATHA LAND REGISTERED/TRANSFERRED TILL DATE??? OR
PLEEASE REPLY SOON.SHALL BE OBLIGED
THANKS IN ADVANCE.

Deepak sharma   14 December 2013 at 12:18

Adoption deed after 25 years of adoption of child

Respected Senior advocates,

We are three brothers and one sister (all are married), and one brother we gave it to our maternal uncle, no adoption deed was executed (we gave him to our maternal uncle in the year 1986, my biological brother is now married)

My father expired in the year 2009. My query is for all of you is after my father death we had got the inheritance certificate from the SDM in which it was mentioned that my biological brother is also a inherited one.

Now our requirement is we want to remove his name from the varisan (inherited) certificate.


My biological brother having all his certificates father name is my maternal uncle and aunt and also in municipal corporation also that his father is my maternal uncle, everywhere in every documents my maternal uncle is his father in graduation degree also my maternal uncle is real father name specified.

1. Could you please let us know how to removes his name from the varisan cerificate (because if it name is there then he will get the share in our property?

2. Can we go for the registered adoption
deed with our maternal uncle?

3. What is the process of adoption deed?

4. How long it will take to get the adoption cerificate?

Please help us as we are resident of Bareilly (Uttar pradesh) and my bilogical brother is living in agra?