Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   15 February 2017 at 09:24

Wrongfully dismissal of CEO General Manager

I have query belongs to my Late Father who was a CEO General manager of pvt. ltd Bank from Gujarat.who was wrongfully dismissed by Bank's board of directors.
My father joined bank in 1975 as very lower cadre, after his hard working and Conscientiousness
He gotten promotions, and once he was appointed as a CEO General manager of Same Bank in 1985,
In 1985 When my father appointed as a CEO General Manager bank's capital net worth sum of rs. 60 lakh and after my father take placed for managing bank, its capital has been more than sum rs. 60 crore,under my father's management & Directive.
And also this bank became first fully computerised banking system successfully started in appropriate banking sector,
In 2004 At that times Bank's directors out of some directors have self bad intentions.(Especially chairman) They want to cheat with bank & want to tackle all power from my humble and loyal father with remove him and done to wrong and bad things with bank.
But when my father been known they all have antipathy with my father And start to harassment and wrongfully blaming my father and abuse power and misusing their authorities.
Unfortunately in 2005 so much conclusion and suffered due to circumstances and Persecute
they died as heart attack.
My father never have any fury with banking Directors and never want to such little harm to bank directors Even if they all are never left any bad things for done unkindness and injustices,
We get monthly family pensions sum of rs.2000 only from 2006 and never increased for once.
I many times requests and compliant to urban banking department , RBI and appropriate level but I can't getting such effective proper response for Prove innocence and alleged offensives.
Now I want The fight for truth and sacrifice Holocaust and self-respect,fidelity until the my end.
I request to you that please advice me and further for how can I legally take action and when?
And what the important things if any You must thing to be aware of me.

Anonymous   15 February 2017 at 09:04

Exemption of parking fees for defense personnel

Sir is there exemption of parking fees for regular serving defence personnel in mall, cinema hall for their private vehicles. If yes then can u kindly give the authority letter. Information on this is needed urgently.

Sanamdeep Singh   15 February 2017 at 08:35

NI Act

I filed a complaint u/s 138 against company and its directors but the magistrate issued summon against director and not against company although company was made party no. 1 in complaint. The magistrate also did not mention any reason for not issuing summon to the company, in his order. Please advise, whether order against only the director is legal. What remedy available to me.

Snmurthykala   15 February 2017 at 08:28

Gratuity calculation - clarification - reg.

Sir,

We see a ray of hope!

This is to bring to your kind notice that I served in an NGO Hospital
for 6 years and resigned 9 months ago. My salary breakup was as under:

Basic Rs.6660-80
HRA Rs.2664-32
Special Pay Rs.7326-88
--------
Total Pay Rs.16652-00
--------

I request you to clarify as to whether the "SPECIAL PAY" be considered as "GRATUITY" calculation component since my ex-employer stating that 'Special Pay' cannot be considered as part of Gratuity Component hence, will be calculated
on the basis of the 'Basic' only.

Kindly advice terminology 'Special Pay' be considered in the absence of the terminology 'Dearness Allowance'. Look forward your kind support and clarification that will benefit about 250 employees those who are working in the hospital never ever aware of the Eligibility Criteria of Gratuity.

Best regards,

KS Murthy

Sashi Kumar   15 February 2017 at 07:36

Specific performance suit

I signed a sale agreement with a buyer In Feb 2012.
The Sale Agreement was Not Registered.
Buyer paid 10% deposit at the time of sale agreement.
Buyer agreed to pay 1st payment of 20% within one month.
Buyer did Not make the 20% payment before the agreed date saying that title is not clear.
I sent buyer notice letter to pay the 1st payment of 20%.
Registration of deed & Full & Final payment was due within 4 month.
Buyer did not pay 20% and the balance full & final payment before the specific date agreed on the contract.

I sent cancellation notice to buyer cancelling the contract and according to the forfeiture clause in contract, I forfeited the 10% deposit due to non performance of buyer.

In Jun 2015 I gifted this property to my children through gift deed.

Now in Feb 2017 I received Court Summon, that buyer has filed a specific performance suit against me, to sell the property or pay buyer 4 times the deposit which includes interest and damages. It shows buyer submitted documents for suit in court in April 2015 but After 2 years I received the Summon.

I have a Question:

I don't own the property anymore because it was transferred in Jun 2015. Does the buyer still have any right to claim specific performance on the property which I don't own?

Under what circumstances can the buyer claim anything on this property?

Rovi Singh   14 February 2017 at 23:41

MACT and Lawyer

In October 2015, I filed a MACT case against an army truck driver who killed my brother. I hired a lawyer who said he would take 20% commission from the compensation(I would get) as his case fee. Now, it seems I am on the brink of losing the case and there is a hearing next week that might be the last hearing. But now, my lawyer is threatening me by saying he won't attend the hearing unless I pay him Rs 1.5 lac. What should I do now?

kumarjainn   14 February 2017 at 23:39

Judgement clarification

sir
I have posed this qs earlier also in the year 2011 now I am again coming with new question in this judgement in my case No. 4545/2000, Delhi High Court.
I was not considered for promotion in the year 1998 from the post of Sc.'C' to Sc. 'D' due to wrong implementation of the rules. I filed a case in CAT. Finally in the year 2011 i succeeded in High court and the judgement was delivered as below. However in the meantime I got promoted from Sc. 'C' to Sc'D' in the year 2001 and subsequently I got promotion as Sc. 'E' and Sc. 'F' . there is contradiction in para 8 and para 9 of the judgement. The last two para 8 and 9 of the judgement are given below:

Para 8.Since the petition filed by the petitioner succeed on this ground itself, it is not necessary to deal with the other contention rested on the retrospective operation of the said rule. Accordingly
W.P. (C) 4545/2000 Page 12 of 12
rule is made absolute. The impugned judgment dated 1st May, 2000 passed by the Central Administrative Tribunal is hereby set aside. The O.A. filed by the petitioner before the Tribunal is allowed. As a consequence, direction is issued to the respondent to reconsider the case of the petitioner by holding review DPC and if found suitable for promotion, the petitioner be accorded promotion to the post of scientist "D‟ with effect from the date his juniors were promoted on the basis of Internal Screening Committee which was held on 1st July, 1998.
Para 9. We are informed that the petitioner was subsequently given promotion to the post of scientist 'D‟ w.e.f. 1st July, 1998, he shall be given arrears on repromoted post from 1st July, 1998 to 30th July, 2001 and shall also be entitled to consequential benefits of seniority and promotion etc.
10. Since the respondents have not appeared, no order as to costs.
(A.K. SIKRI) JUDGE (M.L. MEHTA) JUDGE JULY 7,2011 skb

Note: there is a typing error in para 9 in place of (w.e.f. 1st July, 1998 it should be 1st July, 2001)
From the above it is clear that Paara 8 and 9 are contradicting. Paara 8 says that to consider my case for promotion in the year 1998 on the basis recommendation of the review DPC.
And para 9 says to as I am promoted in the year 2001 I should be given promotion w.e.f. 1998 with arrears and consequential benefit. That is Review DPC/assessment is not required.
The department implemented Para 8. I was directed to appear before the Review DPC for the year 1998. Then I received a letter intimating me that the review DPC did not find me fit for promotion in the year 1998. I was not given promotion from the year 1998 etc.
The department implemented the para 8 of the judgement no doubt. fine
But department has not implemented the Para 9 of the judgement according to which since i was promoted to the post of Scientist 'D' in the year 2001 I should have been given promotion from the year 1998 with arrears and consequential benefits.
This para does not ask for the views of review DPC. The result of 2001 has to be implemented with effect from 1998.
Thus Para 9 of the judgement has not been implemented. IS it a fit case for filing contempt of court or not. If yes,
can I file contempt for not implementing para 9 of the judgement now after a delay of five years. pl advice.

In fact department should have implemented para 9 of the judgment which is final para of the judgment. In case department department wishes to implement para 8 it should also implement para 9 of the judgment. my contention is Not implementing para 9 of the judgment is contempt of court.


Anonymous   14 February 2017 at 23:27

Need solution

Sir,

Tek Chand   14 February 2017 at 22:46

Mediation

I have filed an appeal under PP Act in the District Court, PH courts against recovery order against me passed by estate officer. Can I request the court for referring the matter to mediation cell.Other party is not keen. Also, do parties have to bear any expenditure for mediation. Kindly guide me about it all.

Snmurthykala   14 February 2017 at 21:25

Gratuity calculation - basic + special pay - clarification - reg.

Sir,
I served in one NGO Hospital for 6 years and resigned 9 months ago. My salary breakup was as under:

Basic: Rs.6660; HRA Rs.2664; Special Pay Rs. 7326/-.

While settling the gratuity payable, the Management has not been considered the 'Special Pay' saying that 'Special Pay' cannot be taken into account while calculating the 'Gratuity' which will be calculated on the basis of 'Basic' only. Kindly advice as to whether the 'Special Pay' be considered in the absence of ' Dearness Allowance '. Kindly clarify.

KS Murthy