LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   26 December 2018 at 22:19

Leave

Hello Friends, Few years back my employer closed the leave encasement. I served in a private co. 4 years. can you please describe me M I eligible to get the leave encasement as per law. If yes so what would it be calculate on gross salary or basic salary. Please share the relevant law reference.TIA

vimalkumardevrani   26 December 2018 at 22:15

Earn leave encashment

what is the rule for leave in pvt organisation

Anonymous   26 December 2018 at 22:11

Relieving letter and fnf from employer

Dear All,
I was working in private co. from last 3 years. Few days back I got a new job, hence I resigned from my current organisation. as per my service either I have to serve 60 days notice period or pay two months basic salary. I gave 10 days notice period and told to my employer rest deduct from my FnF balance.

Now I joined new co. and they are asking me for Relieving letter. My employer denied for relieving letter and FnF.

Please tell what law says about this matter.

Thanks in advance.

Rajiv Panchmatia   26 December 2018 at 20:34

Personal guarantee

My father stood guarantor for a loan taken by a pvt ltd company in which my uncle and his son are directors.Apart from the guarantee the bank has taken personal properties of my uncle and father.Now the account has become NPA and the bank has sent notice of attaching the secured properties under serfasi.My father has now transferred all his properties which have not been secured to the bank on my name by a registered gift deed.My question is will all those transferred properties remain safe or can the bank attach them by filing a suit for fraudulent transfer.Till now there has been no notice sent to him regarding the unsecured properties.

Gopi   26 December 2018 at 19:52

Who is public servant

Is an elected council member in a panchayat union council, a public servant?
Pl clarify sir

Prakash S. B.   26 December 2018 at 19:17

Transfer of flat

I am the Secretary of a Housing Society at Vakola, Santacruz East, Mumbai - 400 055.

A widow who is the sole owner of a residential flat in the Society passed away on 22.04.2018 and left behind three children as her legal heirs.

Before the said flat could be transferred to the nominee(s), the older son/nominee, whose name stands first in the Nomination Form with 33.33% share; passed away on 30.06.2018, leaving behind his wife and two daughters as his legal heirs.

The younger son / nominee, whose name stands second in the Nomination Form with 33.33% share, is married but has no children.

The daughter/nominee, whose name stands third in the Nomination Form with 33.33% share, is a married widow and has no children.

The Managing Committee has taken a decision to transfer the flat in the joint names of the two surviving nominees based on the said Nomination Form as per the Society's record i.e. Nomination Form submitted by the said widow as follows: (1) Surviving younger son/nominee and (2) Surviving daughter/nominee.

I now seek your valuable guidance / opinion on the following two issues:

(1) Whether the above decision taken by the Managing Committee is correct, proper and legal?
(2) How do we deal with the 33.33% share of the older deceased son/nominee whose name stands first in the Nomination Form.

Thanking you,
Sincerely,
Prakash Bankeshwar

Mikin Shah   26 December 2018 at 17:17

Domestic violence case parents name removal

Hi,

Pl. advise how shall I proceed for parents name removal under DV case.

Here below is the case summary:-

1. Wife left Singapre(SGP) based matrimonial house in June'2013 after 4 years staying together with Husband and his parents. During the separation, wife did settlement before the Indian High Commission. No such physical / mental harassment complain made in SGP before the Indian High commission. I have settlement report as well.
2. After reaching India, September 2013, wife filled Divorce and CRPC 125 on cruelty grounds. Husband contested both cases. Divorce not granted to wife. Maintenance case final order still pending before the court.
3. Approx. Two years later In 2015 February, parents visited India for social customs, wife filed 498a and DV cases to harass them.
4. Husband and Parents challenged 498a case in Gujarat High Court under section 482 and quashed all 3 names. In the Judgement copy, Honorable Judge has clearly mentioned,

"As usual, in a dispute between the husband and wife, the wife has implicated the parents of the husband too."

5. Only Parents name pleaded for DV case in Gujarat High court under section 482 as allegations in 498a and DV cases made same and 498a criminal case already quashed. However, Gujarat High court Judge rejected petition for quashing and advised to appeal under section 29 of DV Act.

I have below grounds to contest for parents name removal.

1. 498a High Court Quashing Judgement Order,
2. DV case filled after 1.7 years separation (Separation Date : 29/06/2013 and DV case petition date : 19/2/2015),
3. No such report in SGP Police and Indian High Commission against Parents harassment,
4. Parents did not visit wife's home as per incident date/time mentioned in DV petition, as they were in different city and doing cash withdrawal from Govt. Office (Post office) exactly at the same date/time mention in DV petition, No such merits as per allegations made.

I want my parents to be out of from family cases soonest possible. Pl. advise how shall I proceed to appeal under section 29 of DV Act. Pl. also share, If any recent judgement copies for parents name removal under section 29 of DV Act.

Thank You in Advance,

Best Regards

Sameer   26 December 2018 at 17:10

Redevelopment of rental property.

There is a company-owned rental (pagdi system) flat (Approx area 1800 sqft carpet). The rental receipt and electricity bill are on the company's name. The families of the two main partners( Real Brothers) used to reside in the above mentioned flat. One family migrated to the native home due to ill health of one of the family member. Recently a builder approached the landlord and acquired the whole building for the redevelopment of this premises under Mumbai delipidated building law and asked every tenant to submit relevant documents to prove their tenantship right. The brother residing in the flat is discussing with the builder to claim the whole flat for himself. My father (his brother) approached the builder with all facts about this flat and ask him to not deal with the residing family alone. More than two months have passed and we have not received a reply from the builder. Please us how to handle this matter.

Anonymous   26 December 2018 at 14:25

Leave encashment

I am working in a firm in which passed my 06 month of probation period and eligible to get the benefits of paid leaves as per offer letter.

Now firm is paying just half of paid leave calculating after probation period and saying that these Paid leave are neither can be en-cashed nor carried forward in next year. These will laps if not consumed by employee with in year.

My points are :
1. Why PL calculated after 6 month whenever PF Contribution applicable from 1st day?

2. Is payment of leave in cash is unlawful if not consumed ?

Ranbir   26 December 2018 at 07:22

high interest on arbital award

dear sir an exparte arbital award passed against me with an interest of 50%on the awarded amount to be paid from my end sir and can i challenge it in court