yeteendra naidu
12 February 2017 at 02:21
Sirs,
I stood as a guarantor to my friend and colleague for a chit amount of Rs2,00,000/- I retired after a year and in the second year my friend died of cancer. His daughter and wife are co-guarantors for the same chit. Within six months his daughter got a job in USA and left the country and his wife when contacted said that they sold some plot and got Rs.35,00,000/- and promised to clear the outstandings but when I called her again a few days back her phone is continuesly switched off and she changed her residence too. Now the chit company people are behind me to clear the dues.
Please guide me how to go about recovering the amount from the NRI daughter in USA, how to get her address, etc. Can I file a suit against her or her mother whose addresses/whereabouts are not known.Can I lodge a police complaint for cheating or any other suggestion to recover the chit money.The Chit company has already served me a notice.
sachin agarwal
11 February 2017 at 22:46
As far as the fact regarding the recording in tape recorder is relevant under the electronic evidence is concern, the plea in this regard has already been rejected regarding the admissibility in evidence in case of kidnapping for ransom. We are the evidence of witness was that they had received telephonic calls demanding one crore as ransom money for release of victims. Where audiocassettes containing records of conversation in which demands for ransom was raised as well as pre-recorded request for release was seized by the police officials. As far as the law's concern, there is a precondition is essential for tape-recording to be admissible in evidence, under the evidence act, 1873, not satisfied hence the conversation recorded in tape records cannot be relied upon.
Venky
11 February 2017 at 22:45
Dear Sir/ Madam,
I already resigned my and in notice period. I have worked on govt holiday and took my comp off next week. But my manager gave me a notice saying I will extend my notice period. If my notice period is extended then I have loose my other company job and current job also.
Request you suggest me in this case.
sachin agarwal
11 February 2017 at 22:36
An order passed by authority without extending any notice or opportunity to the party concerned, is liable to be quashed being violative of principles of natural Justice.
As far as the service of notice is concern, it can be said that without following the rule of natural Justice during the enquiry under section 7A, 14 B, the such inquiry cannot be sustained in the eyes of law. There are a little bit of chance to hold the enquiry justified if in their case there is any notice issued by the authority to the aggrieved person and aggrieved person could not attend the hearing intentionally therefore there is no violation of rule of natural Justice. But if there is any factual as well as legal mistake, error on the part of the enquiry officer regarding the service of notice is clear-cut violation of rule of natural Justice. Hence the total enquiry is unjustified. If there is any provision under the act or law regarding the intimation of inquiry should be given to the person who is eligible to join the enquiry should be given in accordance with the provisions thereunder and without following the provisions the enquiry must be no force of law and same is liable to be set aside.
There are certain obligations not only upon the part of the enquiry officer but also to the aggrieved person to perform their part in accordance with the provision of law and without performing their duties in terms of the law, then the enquiry is not sustainable in the eyes of law.
Advocate Rajiv Mishra
11 February 2017 at 22:28
Sirs, 156(3) application has been rejected by concerned magistrate on 14/6/2014, just after a year the same application was filled in the same court hiding the previous one but this was also rejected on the ground of none present.
Now the same applicant with the same lawyer filled the same application in the CMM court saying that the previous one was rejected on non present ground. This time the applicant again concealed the first application and the rejection order.
I'm the proposed accused.
Is application under 156(3) Cr.p. c. Can be filled repeatedly after rejection?
Do I have any remedy?
sachin agarwal
11 February 2017 at 22:26
There are certain guidelines for holding enquiry under section 7A of the EPF act, 1952 while deciding as to whether the pygmy agents working for the bank are employees of the bank and same are liable to be covered under the act, 1952 or not
in this regard. It is pertinent to submitted that while holding an inquiry under section 7A of the act, 1952 by the enquiry officer. There are certain guidelines issued by the Bombay High Court, such as the EPF authorities should collect necessary documents by inspection of records of the establishment/industry, it direction to the management to produce the document as may be found necessary, should be issued whenever the EPF authorities realise that the management is holding back certain documents.
The appointment orders/contract letters or agreement in between the bank and the pygmy agents/deposit collectors should be made available for scrutiny and should be taken into consideration.
Based on the above documents, the EPF authorities must adjudicate on the following are acts like 1. Whether the contacts/appointment orders have a semblance of employer- employee relationship, 2. Whether there is any supervision, control and direction of the bank over such agents, 3. Whether these agents are under an obligation to work only for a particular bank or its branches, 4. Whether these agents are permitted to work elsewhere or undertake any other business, job, profession or calling, 5. Whether such agents are primarily depend upon the work of collecting deposit for a particular establishment.
Interrogate the pygmy depositors to elucidate information about their exact nature of duties.
Based on the documents and an analyses upon considering the above mentioned factors, the APFC will have to arrive at a conclusion supported by regions. That such pygmy agents can be termed as "workmen"and share employer- employee relationship with the bank and are being paid wages disguised as commission. The said commission amount would then be termed as basic wages under section 2B of the act, 1952
sachin agarwal
11 February 2017 at 22:05
Applicability of the provident fund upon an establishment under the provisions of the EPF act, 1952 on the sole basis of report filed by the enforcement officer is not proper because there was no proper enquiry under section 7A of the act, 1952 was conducted by the enquiry officer in accordance with the provisions of the act is applicable upon the establishment and without given the opportunity to the employer to examine such employees and also to examine the report filed by the enforcement officer including with to examine the enforcement officer who prepared such report because without following the rule of natural Justice. The enquiry as well as the report cannot be say in accordance with the provisions of law therefore it is necessary on the part of the enquiry officer to conduct the enquiry under the guidelines issued by the various superior authorities and under the provisions of 7A of the act, 1952. In case there is no justified regions given under the enquiry by the enquiry officer, then the such inquiry cannot be said a proper inquiry and same is liable to be quashed.
srinath
11 February 2017 at 21:43
Whom is authority to whom should i complain about the fake sc certificates.In our district Tasildhar issues the certificates.Should i write any petition to National Commission for schedules castes.Pls explain me in detail??
asdf
11 February 2017 at 21:01
A person was working with a company for few years and had quit in Jan, 16. However he did not get any reliving letter and any experience letter. The person arranges the said documents from the office through his office collegues on company letterhead and gets them signed from his collegue as authorised signatory however does mention in it that he had worked there till May, 16. The employer comes to know about the same and is planning to take legal action against the employee who had quit the job. What are the options available with the employee if the employer files a case against him and the employee accepts his mistake
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