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Subhadeep Sarkar   24 April 2016 at 07:21

Gratuity payment rules after incentivised leave of absence

Dear experts,
I have been working in an oilfield company since October 2011.
Due to the ongoing turmoil in the oil industry I was asked by my employer to get into an agreement of Incentivised Leave of Absence for 1year which started from July 2015.According to it, my seniority will keep on accruing and i will be paid 50percent of my basic and HRA only while all other benefits have been suspended for this 1year. This agreement will be ending on July 2016 and by then I will already complete 4years 9months in the current company.
My queries are
1)Is a person eligible for gratuity only after 5years of service or after 4yr 8months of service.
2) Since my employer proposed me to get into this agreement due to the financial turmoil, will this leave of absence be categorised as loss of pay or will this 1year be included for calculation of my Gratuity.

Thanks in advance for your kind suggestions and replies

Neeraj   24 April 2016 at 01:07

Regarding 498a

Dear Sir,
Need your valuable advice. My wife has filed a false 498a, 323, 406, 506 2 years back and case is pending in Gurgaon court. Last month she had filed a domestic violence and section 9 in Delhi court.
I am not able to understand their trap.. What she wants? Can you please suggest me what they are trying to do?
Moreover My lawyer is pressurising me to file for divorce at this stage as once we win all these cases we will not have any grounds for divorce. That's what he said..as far as my understanding is concerned. If second party is not ready for the divroce then filing for divorce will be a waste of time, energy and money. And the kind of inlaws I have I don't think they will leave me without having a hefty amount of money.
Can u please suggest should I file for divorce at this stage? As already two cases in different states are pending on me and it is so painful for me to run like a pendulum in both the States. Please suggest what to do? Should I file for divorce? And dv can not be filed if 498a is pending...please suggest me on that also.

Thanks

T.Srinivas   24 April 2016 at 00:36

Bank loan

Respected experts
Father acquired ancestal property through an registered partition deed, till today property revenue records stands in his name and he enjoying property with his children's, schedule property consists 3 individual house's, later father availed bank loan mortgaging the property for the well fare of the family and for the same his children's stood as guarantors and executed necessary documents, such as children's paying rents to his father in respect of the property. Now father failed to pay the loan amount and bank issued final notice. Children's are not at all bothered to repay the loan amount.

My clarification from your side is
1. Whether children's are equally responsible for the loan amount?
2.Father is aged 70 years and he have no income, loan is sanctioned on the basis of the rent returns shown, which is paying his children's.. actually with out rental agreement by mutual they paying rents to his father. now how to collect the rent from children?
3. Now for the loan purpose father can rent out the property to third person, now how to evict the children from property?
4. What kind of case can initiate against the children's?
5.yours any suggestions regarding the same.

vijay kumar malhotr   24 April 2016 at 00:31

Evediontary value photocopy of document

document photo copy found in third party house in search

Vinay r   24 April 2016 at 00:10

Non payment of salary dues by employer

Hello, myself vinayaka, a civil engineer, I was working in a private ferm in Mysore from 3 years before I was relieved from my services 7 months back. The company dint clear my salary and allowance dues which amounted to rs 148000 even after 6 months from getting relieved. After lots of persistence and requesting after 2 weeks i was given complete clearance of the salary dues in 2 post dated cheques which got bounced due to insufficient balance. I have sent him 2 mails regarding the bounced cheques and haven't got any reply for them. Kindly suggest me what legal proceedings I can go for to get my salaries from the employer.
Thank you

hrishikesh   23 April 2016 at 22:43

Illegal construction by tenant

There is illegal construction work done by my tenant in my premises The maintenance which I use to pay in few thousand rupees has gone into lacs just because of illegal construction done by my tenant . have written letters after letters to BMC but they have not taken any strong action ..
Should I go to Court for demolition of work done by tenant or approach Police & BMC

Police & BMC I don't trust as they are hand in glove with tenant

I just don't want to pay heavy fines just because of illegal construction work carried out by tenant .

I have hope only on courts but want to know after effects also, can any one guide me on this


hrishikesh   23 April 2016 at 21:09

Illegal use of firm premises by tenant


A Partnership firm constituted in 1975 with 5 partners share holding ratio PArtner A- 20% partner B- 20% partner C- 20% partner D-20% partner E - 20% While consequenty the partnership deed was amended in 1990 with only the shareholding pattern was changed as follows. partner A- 5% partner B- 20% partner C- 25%partner D 25%partner E- 25%. Partner A& B have entered into a leave and license agreement for 5 years with a third party( F) without consent of the other 3 partners in 2011. Partners C, D & E have done legal case in the city civil court for termination of agreement stating that agreement should be null and void that they haven't given any authority to A & B to sign any document on behalf Of the firm - C, D and E got a statusco order from court where F would Not create any third party In Near future and can't transfer the shares of the firm to anyone . Now after the order F stillContinue to enjoy the firm premises without paying rent to C, D and E. So they brought Notice of motion demanding that till the suit is decided by city civil court the money of the leave and licence agreement should be deposited in court, as F continue to use the firm Premises by just paying rent to A and B . But the notice of motion was rejected in city civil civil court as judge states what you didn't mention in your main plaint you can't ask for any additional reliefs in notice of motion So C , D and E filed chamber Summons in city civil court bombay for amendment of prays but even that got rejected as judge states that your are changing the nature of suit -So thereafter C , D and E filed a writ petition in high court bombay which is pending .Now it's been 5 years the leave and licence agreement itself has expired so the contention is that the partners A & B may renew the rent agreement C , D and E filed and injunction suit against A , B stating that without the consent C, D and E - A and B can't sign any document on behalf of the firm .( this matter is also still pending ) - Please advice as F refuse to vacate the premises even after the expiry of the leave and license agreement - So can C , D and E can file any criminal proceedings against F , A and B ?

hrishikesh   23 April 2016 at 21:06

Non payment of Rent


A Partnership firm constituted in 1975 with 5 partners share holding ratio PArtner A- 20% partner B- 20% partner C- 20% partner D-20% partner E - 20% While consequenty the partnership deed was amended in 1990 with only the shareholding pattern was changed as follows. partner A- 5% partner B- 20% partner C- 25%partner D 25%partner E- 25%. Partner A& B have entered into a leave and license agreement for 5 years with a third party( F) without consent of the other 3 partners in 2011. Partners C, D & E have done legal case in the city civil court for termination of agreement stating that agreement should be null and void that they haven't given any authority to A & B to sign any document on behalf Of the firm - C, D and E got a statusco order from court where F would Not create any third party In Near future and can't transfer the shares of the firm to anyone . Now after the order F stillContinue to enjoy the firm premises without paying rent to C, D and E. So they brought Notice of motion demanding that till the suit is decided by city civil court the money of the leave and licence agreement should be deposited in court, as F continue to use the firm Premises by just paying rent to A and B . But the notice of motion was rejected in city civil civil court as judge states what you didn't mention in your main plaint you can't ask for any additional reliefs in notice of motion So C , D and E filed chamber Summons in city civil court bombay for amendment of prays but even that got rejected as judge states that your are changing the nature of suit -So thereafter C , D and E filed a writ petition in high court bombay which is pending .Now it's been 5 years the leave and licence agreement itself has expired so the contention is that the partners A & B may renew the rent agreement C , D and E filed and injunction suit against A , B stating that without the consent C, D and E - A and B can't sign any document on behalf of the firm .( this matter is also still pending ) - Please advice how shall other partners can stop THE RENEWAL OF AGREEMENT AND RECOVER their possession from F as the contract has already expired - And F continue to still use the firm premises without paying rent to other partners.

Yuvraj   23 April 2016 at 20:06

Bank

What is procedure to get bank details of passed out person after 12 years?

Lalit kumar Malviya   23 April 2016 at 19:09

Letter of acknowledgement of debt

Dear Sir,
I want to know that taking LAD is mandatory in case of housing loan. If no then which document is valid ? Please do share other related infofmation.
Thanks