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TSBehera   31 March 2008 at 10:50

Police In action/Non filing of FIR

I had gone to a police station on 2.6.2007 on a complaint on offences of Criminal Force ,assault and criminal intimidation coupled with forgery for the purpose of cheating.

I had taken two copies of complaint in writing ,one for giving to police station and other for taking acknowledgement from the PS.

The OIC refused to give acknowledgement on the copy of complaint and FIR U/S 154 of Cr.PC 1973 not registered by him ,however diary no was given orally.

Copy of complaint sent to SP by Regd.Post stating the facts.

Complaint case lodged on 6.6.2007 for offences stated (except for forgeries for which conclusive evidence was lacking,) with the Magistrate,but the Magistrate had asked for Police report u/s 210 of Cr.PC 1973 and the Police has not given report to Magistrate till now i.e even after 9 months .I have attended court in 6 dates so far and Magistrate is not taking cognizance of offence on want of police report.It has given two reminders to Police ,but police has so far not given its report .In fact it has yet to start enquiry.

In the mean evidence conclusive was gathered for the offence of forgeries too and another complaint case with other accused filed on 3.3.2008.Magistrate did not take cognisance or initiated 202 enquiry,but sent the compliant to Police Station u/s 156(3) of Cr.PC 1973 for investigation with a direction to register a GR Case.

Police is inactive even now.I have asked actions by police through RTI Act,bot no informations received so far and I have filed a third application leaving appeals etc.

I attend court in person who stays 1200kms away.I did not like to deploy advocate as I fear they (accused) shall horse trade them!I have bad experience of them in pasts too.

Kindly advise What to do?Visiting courts every month too travelling 1200 kms only getting dates as police is not giving report nor Magistrate is initiating 202 inquiry for taking cognisance!it is troublesome for me to think just to forget, that the accused wants or they are managing being influancials!

I have read law with related data bases judgements etc but not a LLB.

Kindly advise

Ravi Kumar 1974   31 March 2008 at 09:15

Property Transfer issue

One of my far relative's father had a house alloted by KHB. He has two children-1 son(person I am referring to) and 1 daughter. But,what the father has done was,on a stamp paper(was not registered - dana patra)even before getting it registered he declared the KHB house to my relative and another 30*40 site to his daughter.The father died in an accident.
But now the issue is,the property is still not registered and the daughter has passed an objection for the registration in my relative's name. Does my relative has to give the portion of the property to his sister for getting it registered?

Karthikeyan   28 March 2008 at 21:49

Civil Procedure

A deed is bought to me wherein there are signs of contracting parties. Suppose if I don't know who the contracting parties are. But despite that I sign. Later one of the contracting parties claim that he has not signed. The court calls me . In case I plead that I have signed in Ignorance, what are the consequences to me as a witness? Will I be liable for Criminal proceedings? Will I be liable for payment of any compensation?

ganesan   28 March 2008 at 20:50

divorce inhindu law

is sexual torture alleged by husband a ground for getting divorce from his wife ? is there any reported cases?

davinder   28 March 2008 at 17:43

domestic violence act

can a female be respondent under domestic v. act.

VINOD JINDAL   28 March 2008 at 17:38

about property

sir we have an anscestral property in the name of my grand father and he dies about 20 years before. Know my father want to give that property to me and does not want to share it with my elder brother. Pls suggest the right procedure in this regards so that i will not be in trouble for any reason in this regard and i enjoy the property without any problems from my elder brother. pls suggest

Built Trust   28 March 2008 at 17:32

Registration of Rent Agreement

Is Registration of rent agreement for 11 months must?
Whether a rent agreement of 11 months on Rs.50 stamp Paper is Valid?
Thanks

padma bhusan lama   28 March 2008 at 14:42

to stop aor pollution in a purely residental area

My house holding no.is 285/505 under ward no.3 of Siliguri municipal corporation, west bengal.Besides my house is a steel furniture manufacturing micro unit, which pollutes the air in the form of arc/gas weilding fumes and spray paint/thinner fumes..we have been complaining to the west bengal pollution control board regional office siliguri since 2001..but. the problem hasn't stopped...
Now that I have a 2 months old daughter. the thought of her healths safety has brought immense tention to my family. I have also written a complaint regarding this to the West bengal pollution control board.
Please help and direct me to stop the pollution immediately and can I lodge a court case for compensation for the same.The unit operates with a trade lisence but, did not get our NOC for starting the unit...

Tarun   28 March 2008 at 14:22

leave rules for HO in manaegment cader

I have resigned from proprietorship FMCG Company mfg. cosmetics/ayurvedic product as vice president sales based at head office in Delhi & factory elsewhere after working there in group for last 14 years.Now they refuse to encash leave on ground that Leave Encashment has to be done only when a person retires on reaching the age of superannuation. Now I would be governed by which Act as per law for leave rules. They were giving 30 days EL prior to Feb 2007 in 1st Co.of group & after that 15 days in 2nd group Co.after my joining in that Co in Feb 2007. I have in total more than 125 EL to my credit in the last salary slip. They have encashed EL prior to my resignation to employes with full leave encashment as was in there A/c in the same Management cadre.

Regards
TK Suneja

Piyush Jain   28 March 2008 at 14:06

Resignation & related issues


Hi,

My wife was working for a local company here in Bangalore, since last 2 yrs. In the first week of March, she had a strong verbal argument with her senior & top most management. She wanted a temporary reduction in her work hours as she was sick and wanted some load sharing. On this, the management shouted on her & accused her of being irresponsible, not replying to emails and of using company resources for her technical up-gradation. They did not even discussed her main issue. She is very sincere & hard working and was very hurt on these accusations and left the company premises.

I then asked her not to go back and look for another job. However, our mistake was that we did not send a resignation email that time itself.

Three days later, her manager mailed her stating that she is on unauthorized absence and her behavior is again irresponsible. To this, we replied that she is not wiling to join and is resigning. We also clarified on the accusations. This mail was cc'd to HR & Director.

To this, her manager replied that she cannot resign as she is under an agreement. This agreement was signed by her in Apr'07 & commits her to work till Apr'09 with her BE degree as surety and there are no monetary conditions in it.

Also, as per the offer letter, either she has to serve a month notice or payout a month notice pay. We have decided not to claim for the certificates and as her Feb' salary was still not credited, we asked the company to keep that as the notice pay. There had been no reply or response from the management to this email. We have mailed them again & again, but they haven't replied.

Its been three weeks now and they have not credited the Feb salary, so we are assuming that they are keeping it as notice pay.

Now, the top-most management have informed us "unofficially" through one of her colleague that they will follow legal course as she is bound by the agreement, or else we should pay them the money, the company spent on her training and her usage of company resources. They have quoted an exorbitant amount. There is no written agreement of any sort which states that if she leaves, she has to pay for these trainings.

My queries are:

1. The company is not acknowledging or accepting a hard copy of the resignation, So the only resignation proof we have is the email exchange we had with her management. Even in those emails, they have not accepted her resignation. So as per the Indian law, is there a time frame after which it is assumed that her resignation has been accepted?

2. What are the probable legal actions the company can take against her?

3. Is she is still bound by that agreement, even if we are not claiming for the certificates?

4. Are there any financial dues from her side? Can we give a declaration to future employers that she has no financial obligations to this company?

5. The company is not giving her relieving & experience letter (as they are asking for money). Will it matter legally, even if the future employers take her without these documents?

6. How will this affect her TDS, as she did not get paid for Mar'08 & there is no salary credit for Feb'08 also?

Also, if you know of any good company lawyer in bangalore, please provide the contact details.

Thanks,
PJ