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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Quadir   20 June 2017 at 10:10

Private building given to govt.

In U.P. my grand father had given a building to the government to be used as a police station.

About 10 years ago, the police station was shifted to a much larger new place. Since then the old police building is lying vacant.

In RTI query, they admit it clearly that government is not the owner of the building but it was provided to them by Mr. X (my grandfather) for official work i.e. police station.

At the same time they say that they do not have any lease deed/ rent... deed of the building.

Neither i have any document to prove that i am the owner.

The RTI reply is enough to sue government for possession?

Thank you

Chirag Goriya   19 June 2017 at 22:18

Caste certificate

Sir my full name is Chirag goria.In my aadhar card it's correct but in school hall ticket of std 10 and caste certificate and birth certificate it is Goriya so what should I do so that my spelling can be changed in caste certificate

jacquiline   19 June 2017 at 21:22

Non payment of salary

Summary of Facts

1. At the outset I, Makesh wish to express my extreme dismay regarding the treatment which is being meted out to me by my employer Vita Limited regarding breach of terms and conditions of our contract entered on 28th May 2017 as provided under section 6 of the said contract attached hereto as Annex 1.

2. On 30th January 2017 which was the agreed regular wage monthly pay date as per the new revised wage Vita policy dated? attached hereto as Annex 2, my monthly payment was not credited into my account and no further satisfactory explanation was given to me as to why I was the only standing out employee whose salary was not credited into account.I have hereto attached as Annex 3 a Bank statement showing gaps in payment of my salary.

3. On the morning of 31st Saturday 2017. I contacted the HR, Finance dept, Head of Business Department and Director regarding non payment of my monthly wage on the agreed wage payment date. Unfortunately, there was no response from my employer Vita as to my humble inquiry or explanation.

4. On 1st February, 2017 I further delivered a formal letter to my employer Vita requesting clarification and inquiry as to why my salary was not paid while other employees salary were credited into their account with pending no response or explanation from my employer Vita.

5. On 30th May, 2017, the same scenario occasioned itself and my salary was not credited into my account while other employees salary was credited on time and surprisingly on the same date my personal Vita mobile banking account was also blocked by my Head of Department without any further explanation as to the cause of action.

6. On 1st June 2017 I wrote an inquiry formal letter to my employer Vita regarding non payment of my monthly wage while other employees wage was credited into their accounts on timely manner as attached hereto as Annex 4 with no response from my employer.

7. On 3rd June 2017 the same monthly wage was credited into my account but not through the Vita Headquaters Account which is the normal transferee of funds to employees account but through Vita Branch] account. Attached hereto Annex 5. It is with no doubt that my employers action raises a question of doubt as why no notice or clarification were given in respect of default of my monthly payment. The said conduct has been a witnessed repeatedly routine of my employer regarding non payment of wage without any notice or explanation as to non payment or delay of such.

8. As an employee, I have the right to be paid my full wages as agreed in my contract of employment with Vita Limited dated 28th August 2016. I also have the right to be paid at the time given in which is on the 30th day of the consecutive month as per the change of company policy regarding payment of salary annexed hereto.






Basis of Claim

Based upon the evidence attached hereto, I assert that my employer Vita Limited has failed to provide reasonable and satisfactory explanation as to the non payment of my wage. I therefore base my claim on breach of contract.

Amount of Claim

I hereby claim the sum of six months wage as penalty for loss I incurred due to non payment of my wage (see enclosed invoice). Additional expenses which I have suffered or lost out due to the non payment of my wage on time.

Accordingly, I claim a total of Indian rupees 2 lakhs together with interest as permitted under at the rate provided by the recognized law of India per annum until final decision.

Next Steps

Vita Limited is expected to acknowledge this letter of claim within 14 days of the date of this letter and either pay the debt in full or provide a detailed letter of response within 28 days.

I am prepared to consider mediation and other forms of dispute resolution procedures prior to issuing Court proceedings to avoid uncalled for costly, time consuming and even embarrassing litigation.

Yours faithfully










Anonymous   19 June 2017 at 19:25

regarding right of property to adopted child

Dear sir when I was 6 month Old my mother died and my biological father given me to his uncle and aunt for bringing up in my school certificate from class 1 to graduation my father name is mentioned of grand pa .Now I want to know whether I am legally hair of his ancestors property or not please advise . thanks

bhanudassss   19 June 2017 at 18:31

Judge not allowing take denial of allegation in cros-examination

Defendant filed the WS denying all allegations of Petitioner. Petitioner filed evidence in chief repeating all allegations. While cross-examining Petitioner Defendant asked questions ".....allegations are not true?" Those questions were not allowed by the Judge by giving the reason that denial is a part of pleadings, not evidence. Can the judge be said to hold right stand? What are the legal provision or case laws?

Inderpal Singh   19 June 2017 at 17:53

Law of limitation on credit card loan

I had a credit card in 2007. Used it for three months and made part payment twice durinv that time. No interaction with bank since then.
Now after 10 years they have called on phone after locating my number asking for payment. I have told them I will reply about my position after 3 days. Is the case not barred by time limitation

kapil   19 June 2017 at 17:20

Urgent

Dear all,

please advice on one aspect. I am taking a property on lease and same property is mortgage with the bank. please advice, how should i proceed>? can i ask lessor to take NOC from the bank? what should be the contents of that letter? please advice.
This is very urgent

I.Mohan   19 June 2017 at 17:12

Regarding issuance of share certificate

Hello Sir,
ONe of Our Soceity Members as per Regd Sale Deed a Private Limited Co for 5Commerciall Unit.We had already issued 5 Share Certificte in the Name of the Co.Now the Member Requsted that please issue Share Certifciate in the name of Directors.Is it Possible? If possible is there any transfer fee applicable.Please advice me.

With regardsm
I.Mohan

BIPUL CHANDRA BISWAS   19 June 2017 at 15:59

My wife has filed false case under crpc 125 against me

As My wife has filed false case under crpc 125 against me,
1.) Can I produce AUDIO /VIDEO recording during Submission of my reply to court / during hearing of interim maintenance case ?

2.) Is it essential to produce written transcript of the various conversation available in AUDIO / VIDEO between me and my wife ?

3.) I have several Audio / Video Record from the start of conspiracy (in 2014) to when my FIL took my wife with him in 2016.

4.) If I do not produce the audio / video recording at interim maintenance stage then after interim maintenance, my wife will come up with thousands of excuse to avoid main maintenance case related hearing.
5.) using audio / video record, If i can proof some the allegation made by my wife are false, then can those false allegation in court be used to give her divorce ? If yes, then, after divorce, is there any chance - of " conduct of my wife becomes a parameter to decide final amount of maintenance. "

Magee   19 June 2017 at 15:38

Husband maintance not paid_dv act

Dear Expert,

Dv case in Mumbai 2015 against my husband and 8 other family members. court allowed to mer 20,000 per month interim maintance from 2015 to till date .but husband only paid 60 k till time ( as on time pending more then 5 lakh ) now he was gone to UAE for job work.

Court issued NBW and property attachment order but police informed to court he has out of India and no any property on his own name. Now my husband lawyer force to court show DV evidence to me ..on this reply my advocate told please paid the pending interne maintaince amount ( like 5 lakh ) on next date we will show the evidence to court. The my query is

1. Can Court force to me show evidence before paid pending amount. ?

2. How to find my husband .. .I don't have any information regarding his job or any UAE Place. I have only his passport copy.

3. Can I have given application to court cancel his passport ?

4. Can District court having authority to cancel his passport in DV act ... already NBW issued but not find at home ...( as per police remark )

5. any possibilities court taken ( recover ) the my pending amount from his other 8 family member . any provision in Indian law .

Please help me
Thanks