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janakiram   05 August 2018 at 08:10

Motor accidents

If deceased is widower and his sons and daughters ( total no. 5 ) are earning on their own except one daughter who is widow and depending on his father. Kindly advise how much should be deducted for living expenses (1/2, 1/3, 1/4 ). If they ( sons and daughters ) file petition, whether they are considered as dependents or legal heirs. Pl clarify.

p phipson   04 August 2018 at 10:24

Public trust per mptact 1950

I am a member of a Public Trust situated in Mumbai covered under Mumbai Public Trust Act. We have 2 Halls in our owned premises which we have been giving out to Individuals for them to hold their functions- members, their families , neighbors and local persons (for birthdays, weddings, other family functions). In 2015 a new Committee took over and they decided that the Halls could be given out to "so called middlemen" at a near 50 pct discount, to what is charged from members, and these middlemen were allowed to commercially exploit the Halls. This has resulted in a huge loss to the Trust ( member charged 1200/- per hour- after 20 pct discount- against these middlemen being charged approx 750/- per hour). Non members, neighbors and local persons charged 1500/- per hour. These middlemen have in 2016/2017 used the Halls for close to 750 hours and paid the Trust Rs 6.75 lakhs only. Checking what they charged Third parties, advertised in newspapers, magazines, internet, book-my-show, etc show that on an average they have sold tickets (passes, entry coupons, etc) for 300/- per head and have had an average of 50/60 persons attending for a 4-5 hr function. Another way is to offer third parties a package deal of lump sum amount, against payment to the Trust on a per hour basis. Trust is just showing the reduced per hour rate in the books of accounts; but some members allege that much more is paid to the Managing Committee. Is it true that permission must be taken per the Public Trust Act every time the Trust permits a third party to gain from using the Trust premises under pain of heavy penalty of Rs 10,000 (Section 41C). Can some light be thrown on this by your esteemed members.

Anonymous   04 August 2018 at 09:43

E WAY BILL WITHIN DELHI

Is there any condition of distance for e way bill within Delhi?

Anonymous   04 August 2018 at 08:09

Property Registration

I am a tenant, and recently our landlord has entered into agreement with promoter to devlop a G+5 building , so now i am getting my rented position as well as I am purchasing ectra portion from developer, now they have given an agreement, where its mention if promoter delays in handing of the flat, we can take legal action and they had also mentioned a clause of arbitration and conciliation act 1996.
So it would be benefit for us to keep arbitration act 1996 in our agreement

bose   04 August 2018 at 08:03

Legal procedure

i have dispute regarding a property ,kindly advise who should i contact lawyer or advocate

Manoharan   03 August 2018 at 13:19

Rental agt

I am residing in a rental house in Trichy. My house owner is refusing to sign Rental Agt. & even refusing to give receipt for the advance recd. Several times I have reminded her through phone, SMS and WhatsApp. What is the solution? If I stress for Rental Agt. whether she can force me to vacate the house. Experts may kindly clarify.

Trixendres   03 August 2018 at 12:53

Clarification of sapinda relationship

1 ladka ladki shadi karna chahte hain aur ladka, ladki ki maa ke pita ke bhai ke ladke ke ladke ke ladke ka ladka hai to kya un dono ki undono ki shadi ho sakti hai special hindu marriage act ke tahat aur sapinda relationship me bhi generation upward direction me count ki jaati hain to plzz tell me that they can marry...

Sita Mahalakshmi, T   03 August 2018 at 10:35

Sub: gratuity - claim - clarification - reque

Dear Sirs,

Your kind attention is invited to the above-cited subject.

I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date.

As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. It may kindly be noted that there is no practice of mentioning Retirement age in the Appointment Order even for freshers. All staff, irrespective of the cadre are entitled for 09 days Earned leave and 21 days CL. Un-availed leave if any, shall be lapsed at the end of the year.Working hours will be 9:00 am – 5:30 pm, 6 days a week.

On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Superannuate/retire me in view of my advanced age (65 years) hence, my Resignation Date will be taken on record as 30/09/2018 and accordingly, the HR Dept has served a letter mentioning my last working day as 30/09/2018 and has taken my acceptance. Kindly note, till date, I was not insisted submission of Resignation for my position.

The total uninterrupted working period since my joining in the hospital is as follows [inclusive of Public Holidays, Sundays and Paid Leave]:-

17/02/2014 - 31/12/2014 . more than 240 days worked 1st Year
01/01/2015 - 31/12/2015 more than 240 days worked 2nd year
01/01/2016 - 31/12/2016 more than 240 days worked 3rd year
01/01/2017 - 31/12/2017 more than 240 days worked 4th year

Details of total working days in 2018 5th year

01/01/2018 - 30/09/2018 Jan 31 days
Feb 28 days
Mar 31 days
Apr 30 days
May 31 days
June 30 days
July 24 days = 205 days
Notice Period: 2 months.
01/08/2018 to 31/08/2018 31 days
01/09/2018 to 30/09/2018 30 days
Total no of days worked in 2018 = 266 days

Leave break up for 2018:

Casual Leave availed from 01/01/ to 01/08/2018) 06 days
Earned Leave 09 days (entitled)
Un-availed Casual leave at credit 15 days
Note: As per appointment order, no employee is eligible to avail Leave during Notice Period,if so, same will be treated as Loss of Pay.

On going through the whole of the exercise seems to be an effort to avoid Payment of Gratuity which I am eligible for.

In view of the circumstances as envisaged, it is urged that matter may kindly be looked into in its own perspective and look forward your invaluable advice for which act of kindness I shall ever grateful and thankful to you,

Best regards,

Very truly yours,

Sita.T

SUNIL SHARMA   02 August 2018 at 21:50

Technical resignation from psu to join central govt

hello , I am working as AO in PSU and select in central govt post by upsc through proper noc and having 8 years of experience in psu. Is i am eligible for technical resignation in this case.

Kavi Kulkarni   02 August 2018 at 20:25

Contempt of court

I have a Complaint with regards to a Row House before the Consumer State Commission. In that context, I had obtained a stay from the Commission "Not to sell or create third party rights" from the commission and the OP's were present during the hearing and also gave a verbal undertaking to that effect. No body was occupying the suit premises at that time of stay and neither did the OP's contend to that effect. Few months later, I noticed that the premises was seen to be occupied by a family of 5 (Husband, wife & 3 children). Hence I filed Contempt petition before the Commission for violation of the stay order with photographs and video of the people occupying the suit premises. The OP's firstly took a stand that in their reply to Contempt petition that they do not need anybody's permission to occupy the suit premises. Later, on the date of final arguments they sought time and filed an Affidavit on the next date that the people occupying the premises are the caretakers of the premises. Now my lawyer says that they are protected by the Affidavit and the burden of proof has shifted back on me and I have to bring more evidence or the Contempt petition will be dismissed !
Please guide !