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

Muralikrishna   27 January 2018 at 14:41

Service matter -- reg. compassionate grounds of appointment,

The brief facts of the compassionate grounds of appointment, which is temporarily stopped with the HC’s Injunction Order, is clearly discussed here under, and requested the forum experts to guide us with ur valuable suggestions :

After the death of the deceased employee, the daughter of the deceased ie., the petitioner approached the employer for compassionate appointment. Mean the time the illegitimate son entered for the same. And tampered the records and it was proved as tampered, in the court. The Court entitled only the death benefits as partially to the illegitimate son and to his mother, and issued the Succession Certificate only in favour of legally wedded wife and to her daughters.

Family Pension is granted to the favour of the petitioner’s mother (ie., legally wedded wife). All this issues clearly expressed to the employer and the petitioner further approached the employer. Then the employer issued a intimation letter to the Petitioner, and directed the petitioner to submit the Succession Certificate along with her original certificates like Study Certificates, NOCs etc., Petitioner handed over all her originals to the employer. Employer conducted the enquiry process also.

At that instance, the illegitimate son filed a WP in HC, seeking the compassionate appointment, and made the legally wedded wife and her daughters as co-respondents. Hence, the present petitioner also filed a WP in HC as she only the eligible for that appointment, and requested the HC to direct the employer not to appoint the illegitimate son (ie, who was not obtained the Succession). The HC issued an injunction order to stop the appointment, until the matter is proved. Now this issue is pending in HC since a decade.

Now and then the petitioner’s financial condition is in BPL. Years together she is awaiting for the employment. She failed to get any other employment also because she surrendered all her originals to the employer and She crossed about 45 years, still she is bachelor only hoping her employment.

The employer is simply saying ... the petition is in pending in the court, so we can’t do any thing at this instance. (under subjudice HRC also failed to render the justice in this issue).

Recently the illegitimate son, (who intentionally made disturbance in this employment issue) was expired (dead).

For appropriate, immediate relief what sort of procedure the petitioner (she) should follow ??

Hoping once again, experts may extend their valuable guidelines / suggestions in this concern.

MahendraKumar.H.Trivedi   27 January 2018 at 14:28

Submitting defendant evidence

Sirs
Please help me and read even if you find repeated.
I am in a soup my lawyer , not accepting fees, not defending at crucial stage, not resigning officially, others not taking over as lawyer is very prominent and I am an outsider. With you advise I had the courage to go to court and get my case papers.
Your advice has been very helpful. As the status of case is changing I am seeking your advice in different thread,
My lawyer not resigning saying I will continue till you hire new lawyer.
Difficult to get the file also as he says I don't want fees.
It is a open and shut case but I need to give my evidence statement to court. Dates are moving fast at defendant stage. I am defendant. I need to act fast.
Some facts.

1. Suit Plot with possession with plaintiffs by virtue of transfer agreement of my late Poa. Suit was for title only under contract act. Possession with plaintiffs confirmed by plaintiffs filed in 2006.

2. Defendant,( me) sold the plot to third party actual possessor( fact hidden by plaintiffs) despite injunction in 2009.
Was not aware of injuction, CO defendant poa died in 2008.

3. Suit comes on board in 2013.

4. Plaintiffs file contempt application in 2015 and seek to amend plaint seeking cancelation of registration of 2009. Add possessors as new defendant and names them also contemner.
5.As contempt is time barred and as suit plot stands transferred since 2009.

I need to at least file my reply / evidence which lawyer is stymying.

Although repeated to the chagrin of some xperts, your advice has been very useful do far.
With Regards
MAHENDRAKUMAR H TRIVEDI

Anonymous   27 January 2018 at 14:19

How prepared document

I am a government employee of grade c post. I have applied for housing loan.due to urgent need I have taken rs 150000 from my brother for const of house by account transfer. After one month my housing loan has been sanctioned. I have refunded that amount by cash. How can I prepare the documents legally. May I prepare the documents as a gift from my brother.

RAVI SONI Online   27 January 2018 at 14:06

Valuation of eq. shares of private limited company

As per New Valuation Guidelines (New Rule 11UAA) applicable on and from 01.04.2017, valuation of unquoted equity shares as on valuation date would be done following new formulae i.e (A+B+C+D-L)*(PV)/(PE).

The term “C” under above formulae is for valuation of Shares and securities, wherein it is provided under the guideline that FMV of Unquoted shares held by the company shall again be valued following the same above formulae.

Now the question arises whether is it practically possible to calculate value of unquoted shares (unquoted shares subject to sale) of a company which has invested in suppose 10 other private limited companies and those 10 pvt. Ltd. companies have invested in further another 10 pvt. Ltd. companies and this goes on???

Kindly give me some advice on this.

SUDHIR CHANDRA THAKUR   27 January 2018 at 13:57

Legal

Res. experts. Good Morning. Is a government employee can receive a gift from his brother amounting to Rs 150000 for construction of his house

Vimmu Sharma   27 January 2018 at 13:51

Buyer not taking back token money

I put my second hand car on sale.The buyer saw and remitted Rs 5000 as token to my bank account. Post that I decided not sell the car due emotional reasons and communicated the same to the buyer. Now the buyer is saying that he wants more money. Details: Money received from buyer on 20th Jan 2018. Post the transfer the buyer send message that he would meet on Monday at 11:00 am. On Sunday I conveyed my decision not to sell and asked him share his account details to return the money. On Monday he does not turn up at 11:00, however gives me a call in the evening to meet, which I could not as I was working. Post that he has been threatening to bring about 4-5 people to my residence and create a ruckus. What do I do?

Anonymous   27 January 2018 at 13:48

Regarding carrying of INR on arrival

Hi, I am NRI. Please let me know about two things :
1. How much Indian currency can I carry while arriving in India from abroad.

2. Can I get paid for my freelance work which do outside India in Indian rupees.

Thanks in advance!

Anonymous   27 January 2018 at 12:48

Replying to departmental SCN

I got an SCN for negligence while working as forex officer. Some export credit account turned bad and I am being questioned for not exercising due diligence in monitoring the accounts.
The observations are:
1. Not obtained credit reports of buyers
2. Didn't ensure whether the buyers were genuine and/or export did take place.

My Branch Manager had instructed me against obtaining the credit reports verbally. Don't have any proof. How should I reply so to close the inquiry's at SCAN level only.

swapnil   27 January 2018 at 12:28

Transfer of property

Sir,
i live in aurangabad(MH) under Muncipal corporation. My grandfather take property on elder uncle name (as usual in Indian community to take property on elder son name).

Then elder uncle transfer share of each brother equally (total 3 members)

P.R card has my father name(one among 3 names on PR card). But unfortunately my father passed away.
Immediate legal heir are me,my sister (married) & my mother.

Pl give your advice to transfer to my mother or my name.

Proceed through which mode tahsildar or court??

Dilip   27 January 2018 at 12:22

Agricultural land aquisition in karnataka

I have purchased 10 gunthas of agricultural land in the state of Karnataka in the year 2016. As per Karnataka Land Reforms (Amendment) Act, 2015 average gross annual family income of last five preceding years of the purchaser of agri land should not exceed Rs. 25 lacs.
My average gross annual family income of last five preceding years is 14 lacs which is well within the limit prescribed in the Act. But revenue department has kept my file on hold since they are in the opinion that my income should not exceed 11.2 lacs and hence it is violation of the law. In stead of considering average annual income as 25 lacs they have calculated the same as 11.2 lacs by considering it before & after amendment. i.e., (2+2+2+25+25) / 5 = 11.2 lacs. As per me the act is very clear and the above calculation of average income as 11.2 lacs is wrong.
Please suggest on the above.
D K Singh
9980197075