Rajesh JB
15 April 2012 at 20:56
I was a Kerala Government employee having 09 years and 02 months of service (09/08/2000 to 27/10/2009). Through proper channel I got selected as Assistant Professor in Central Agricultural University (CAU), Imphal and joined on 30/10/2009.CAU requested the Kerala Govt to pay my pensionary liabilities for counting my past serve for service benefits. Kerala Govt denied the same by saying that there is no provision for paying pro rata pension liabilities in Kerala.My humble query is 1. What are the components of pro rata pensionary liability? Whether it contain only DCRG or DCRG along with Commutation of pension amount also? Or some other component also? 2. What I can do now since Govt of Kerala denied the payment? 3. Whether employee himself can pay the same? In that case same amount has to pay? Please help me in this regard. Rajesh JB
Anand Shah
14 April 2012 at 11:48
WE ARE THREE BLOOD BROTHERS; LEGAL HEIRS OF A LATE FATHER WHO DIED IN 1996 AND MOTHER PREDECEASED HIM IN 1987. OUR FATHER HAS OBTAINED ROOM ABOUT 400 SQ FT. IN MATUNGA, MUMBAI ON PAGADI TENANCY ON MONTHLY RENT BASIS SINCE 1940.
WE HAVE STAYED ALL TOGETHER IN THAT ROOMS FOR A VERY LONG PERIOD OF TIME AND FATHER WAS A TENANT TILL 2007.THE LANDLORDS CHANGES FOR FIVE TO SIX IN MEANTIME BUT THE TENANCY OF THE ROOMS WAS NOT CHANGED TILL 2007, EVEN AFTER OUR FATHER'S DEATH IN 1996.
ONE OF THE BLOOD BROTHER IS STAYING IN ABOVE ROOM AND WE TWO BROTHERS SHIFTED ELSEWHERE DUE TO MARRIAGE AND EXPANSION OF FAMILIES DURING THE PASSAGE OF TIME WITH OUR OWN RESOURCES.
DURING 2005 OLD LANDLORD SOLD THE PROPERTY TO NEW LANDLORD WHO IS BUILDER & DEVELOPER WITHOUT CHANGING THE TENANCY IN OUR BROTHER'S NAME AND CONTINUED IN FATHER'S NAME TILL 2007.
IN 2007 NEW LANDLORD STARTED TO REDEVELOP THE PROPERTY BY ENTERING INTO AGREEMENT WITH OUR BROTHER WHO WAS STAYING IN THE ABOVE ROOM, TO HANDOVER THE FLAT IN A REDEVELOPED BUILDING WITHOUT TAKING OUR NOC. IN AGREEMENT OUR BROTHER HAD MENTIONED ABOUT INDEMNITY BOND SAYING THAT ANY CLAIM FROM ANYBODY FOR ANY LEGAL RIGHTS IN FUTURE, HE WILL TAKE RESPONSIBLITY IN CASE OF ANY DAMAGES OR CHARGES.
DURING 2007 WE SENT LEGAL NOTICE TO THE NEW LANDLORD OF THE PROPERTY AND BROTHER FOR OUR RIGHTS, CLAIMS AND INTEREST IN RESPECT OF THE ABOVE TENANCY ROOM AND ASKED NOT TO TRANSFER THE RIGHTS TO THE BROTHER WITHOUT OUR CONFIRMATION IN WRITING.
DURING MARCH 2012, NEW LANDLORD OF THE PROPERTY HAS MADE THE FINAL AGREEMENT WITH OUR BROTHER'S NAME WITHOUT CONSIDERING OUR RIGHTS, CLAIMS AND INTEREST IN RESPECT OF THE ABOVE TENANT ROOM.
PLEASE ADVICE AND SUGGEST PROPER LEGAL COURSE OF ACTION TO BE TAKEN FOR OUR RIGHTS, CLAIMS AND INTEREST IN RESPECT OF THE ABOVE TENANT ROOM.
Lalita N Bhatt
14 April 2012 at 11:20
Hi All,
I stay at ambernath and have been working with a Pvt Ltd co. in Andheri since May 2005.
I was on maternity leave till 31st Dec 2011 (3 mnths). I was blessed with a baby girl on 17th Nov 2011.
I had sent hard copy as well as soft copy of my resignation to the company on 19th Dec 2011, stating to consider one month's notice period and that I would not be able to join back- since my baby was too young to leave alone .My Director - waived off my notice period considering my situation to stay back with my child.
After a month, I got an opportunity from one of the other co. in Pune to work from home and accepted it.
I am eligible for gratuity from the earlier co.- the co. had prepared the gratuity cheque on 7th Feb 2011, but i was not in Mumbai that time. When I came back- they came to knew that I am working for another compnay and they are not ready to give me the cheque now. They are now asking me to pay them a penalty of 1 month salary ( i.e Gross salary- 31000/-) in lieu of 1 month notice period and then they would release my gratuity.
My questions are:
1. Is there any rule in Indian Labour Law that one cannot work with the competitors till 6th months, after leaving the company.
2. Is the company in breach of Law for not paying me the gratuity within 30days of submission of Form I.
3. Can I proceed to take a legal action against the co.- if yes, then pls help me how to proceed?
4. Please advice the rule for paying 1 month salary in lieu of notice period- is it the gross salary or the basic salary?
Regards,
Lalita Bhatt
Right shah
13 April 2012 at 16:29
What are the penalty/action for following matters in Religious Registered Trust in Gujarat ?
Trust Registered in 1965.
(1) If change report not submitted from last 15 years ?
(2) If audited account not submitted of 2010-11 & 2011-12 ?
(3)If Income Tax nos.(PAN NO.) not taken being a Religious Trust ?
(4)If retiring trustee are not giving consent for change report what are the procedure should made for change report ?
Santosh khoware
13 April 2012 at 13:16
Respected senior / expert members of the forum
My client is a church base NGO ( Nan governmental organization) they have 3 FCRA account , Deputy Secretary Govt. of India Ministry of Home affairs hereby prohibits, is one FCRA account by order, thought the Section 9 of Contribution (Regulation)act 2010, Could they use other two FCRA account for receiving the grant amount from donor agency, if yes under which section or rule/act or any notification by government . please guide me how can the receive grant . Alternatively, you may give your feedback to me on skhoware@yahoo.co.in or my cell 09422816019
Thank you very much
With Regards
Advocate
S.L.Khoware
Nagpur
Samarth
12 April 2012 at 18:15
Dear Sirs,
I am the landlord of 1938 built chawl in SOBO. There are acually 3 buildings in the plot but in 1960 due to partition petween the brothers the buildings have been subdivided along with the plots. This is recorded in the Land Rev office and each now pays a seperate bill for the corresponding areas.
There are few common passages between the buildings which on the records of the Land Revenue is shown as jointly owned by the three parties and also the land revenues are paid in 1/3rd proportion on these common passages
I would like to clarify if the 2.5 FSI that is granted in case of old cessed buildings would be based on the total plot area or on individual plots. What is the defination of plot?
Also is the FSI calculated on the basis of the built areas or built + passage areas?
Thanks.
MSC Shekar
12 April 2012 at 16:13
A 1950 matter was heard by a High Court of a State in the year 2007 (Writ Petition was filed in the year 2001). Writ Petition was filed against a Government Department for claiming certain Documents. In the year 2007 the same was given in favour of the Petitioner as the Govt. Dept. did not file any counter.
A RTI application was made in the year 2012 (current year) by the petitioner of the same Writ to the PIO of this High Court for want of further Information under RTI Act (Information relates to the period 1950 to 1958 and subject of writ Petition).
The PIO of the same High Court received this RTI Application and transferred it to the Registrar(Admin) of the same High Court u/s 5(4) of RTI Act as the requested information is expected under his control.
The Registrar(Admin) does not give any response for 45 days. Then a Ist Appeal is filed with the Appellate Authority of the same High Court.
Now after 20 days of filing the Ist Appeal with the Appellate Authority of the High Court. The PIO of the same High Court issues an Order stating the RTI application was received u/s 6(1)and it is rejected u/s 7(9) of the RTI Act because it involves cumbersome efforts for furnishing the necessary information. The PIO also states that the Applicant is free to appeal to the Appellate Authority.
The action of the PIO in initially receiving the application and transfering it to some Registrar of the High Court U/s 5(4)and later after 60 days issuing an order that the RTI application seems ambigious.
The query is that: Whether the action of the PIO of this High Court is valid or not valid? The astonishing point is that the Order of the PIO was received 20 days after filing Ist Appeal with the Apellate Authority.
Please advise. Thanks in advance.
PHILMON SOREN
10 April 2012 at 15:43
My father died in a road acident while returning from company. We asked the company to pay workmen's compensation but the company gave a compensation which was very less after filing a suite in the court.
After two years of case one day our lawyer told us that our case is rejected as a similar case which was going on High Court and a decision came that if the accident took place outside the company premises then workmen's compensation is not entitled.
I wanted to know is there any provision in workmen's compensation act that any accident outside company premises even while returning from company is not entitled?
akash
09 April 2012 at 17:41
Hello Experts,
I entered into an unregistered agreement to sell with a buyer. Due to a dispute, I wasn't able to fulfill my obligation and was ready to refund double the advance, as is the norm, but the buyer refused to accept. After the expiry of the agreement period, I sold the flat to a distant relative for 30% less than the agreement value from the first agreement.
Its been an year since then. The original buyer is threatening to file a complaint to the IT department and the registrar saying that I undervalued to the property which amounts to evading stamp duty. He says he wants 3 times the advance money instead of double (which was written in the agreement).
1. Is it not my prerogative to sell the property at whatever rate I choose, as long as its above the notified circle rate (which is the case here)?
2. The original buyer is not ready to accept double the advance payment, and has lodged a police complaint. The consideration value of the property is over 1 crore. The advance was Rs 9 lacs. If a case is lodged, shouldn't it be filed in HC and be civil in nature? The police is saying it would be a criminal case in a lower court. I have already given in writing to the police station that I have always been ready to refund the money. Can the other party still lodge a cheating case saying I am not paying the money (just to harass me), when in reality they are not accepting the amount to extort more money from me?
3. The property dealer is also asking for 4 times the brokerage, even though the transaction did not go through. Its worth mentioning that the unregistered agreement on a plain paper did not mention any brokerage rate. Is ANY brokerage payable at all?
Thanks You All
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