Vasudevan
23 April 2016 at 12:48
Sir(s), there are No. of labour welfare legislations having different definition of their own. In Factories Act, a labour is permitted to work 48 hrs. in a week on normal earnings which constitute 6 days in a week. The 7th day in the week happens to be Weekly Off which doesn't fetch any wages to the workman. Although he is ready to work on weekly off days too, the Factories Act doesn't permits him to work thus resulting the workman on compulsory off and loss of pay on the weekly off day. In Employees Pension Scheme, 1995, the Authority concerned takes 30 days in a month and treat the weekly off as loss of pay. Thereby the workman suffer on pension for which he is no cause. Employees Pension Scheme, 1995 doesn't define the No. of days in a month and as per General Clause the Authority concerned takes 30 days in a month. Is there any ruling that the workman has to be given paid weekly off under any labour welfare legislations? Or any other ruling which save the workman from the loss of pension for the 4 days weekly off in a month.
SANTOSH KHINVASARA
23 April 2016 at 11:52
what is limit of time period under the Maharashtra public trust act u/s sec 36 (2)
by which trust can lease out its built property without permission of charity commissioner? is there any latest amendment or it is 36 months (3 ) years ?
Shivam Tripathi
23 April 2016 at 11:39
Sir,my brother is accused u/s IPC 307 ,120B ,195,177 (34).The victim statement is not put in Chargesheet .victim has not given any statement against my brother and no named FIR is registered against my brother .The CO- accused has taken the name only .all accused on bail. commitment of case in court is not happened.
Sir,suggest me what we should do.
Vaidyanathan
23 April 2016 at 11:39
Dear Sir,
My paternal uncle died intestate on 07/03/2013 and was a member of a co-operaive housing society, in Mumbai and was living in flat No. 22. There was no will and neither any noination has been filed.
1) Two of the daughter's are living in Bangalore. and both are married with children.
2) One son is living and married but staying and working abroad.
3) The 2 daughter's had given a joint application for memberhsip and transfer of the flat in their joint names.
4) The son also gave his no objection in a requisite stamp paper for tasnfer of the flat in his sister's joint name and that he will not claim any time in future on the flat.
5) The society is demanding that the son's signature to be attested by Indian embassy abroad from the place where he is staying. He is for some reason not able to obatin the Indian embassy's attestation.
6) Whether the society can make such un-reasonale demand on the daugher's.
7) In such case what is the procedure and how the daughter's can get the transmission of the flat in their names.
V. Vaidyanathan
V.N.K. MENON
23 April 2016 at 11:38
[ confidential since Other Party may not be able to see the query & answer – if there is any provision for the purpose, please do]
HISTORY THE MATTER
1) My Daughter-in-law had filed a Domestic Violence case in CAW Cell which is pending/under process. CAW had earlier refused to give copy of the complaint to my son in the counseling process. But they gave a copy of the complaint under RTI request only.
2) IN THE ALLEGATIONS, SHE HAD MADE ALL OF US PARTIES INCLUJDING ME; HENCE I AM ONE OF THE DEFENDANTS.
3) (a)Before making complaint in CAW cell as stated in para-1 & 2 above, She made a complaint in the Womens’ helpline, against her parents which is clear from (b) below and also a telephonic conversation with my son – already recorded.
(b) I have in my possession an RTI reply from the Police Control Room [PCR] which reads as: “lady callerko ghar me band kar diya hai usko sasural jane se mana kar rhe hai –ND PCR”.
IT PROVES THAT THERE WAS A CONSPIRACY & SHE HAD BEEN INSTIGATED AND/OR FORCED TO FILE A FALSE DV CASE FOR EXTORTION.
4) Further, with regard to the second part of my RTI request to PCR as to: ‘details of and what action was taken by police against the complaint’, PCR informed that it had been referred to local police station.
5) Now I received a reply from local police station denying 3rd party information u/s 11 of the Act.
QUERY:
Needless to say as per the Act, I can file RTI appeal against para-5 above. As I am Defendant, can they deny the information to me on the grounds of third party information?
As defined in Section-2(n) of the Act, "third party" means a person other than the citizen making a request for information and includes a public authority. I feel that there are some judgments that defendant cannot be considered as third party.
IF EXPERTS ENLIGHTEN ME ON THIS POINT AND ALSO ANY OTHER POINT(S), IT WILL BE MUCH HELPFUL TO ME WHO IS A VICTIM OF FALSE DV CASE.
With profound regards, I shall ever be thankful.
th
Adv.Vishal Anil Vyavahare
23 April 2016 at 11:00
Person employee in educational institution as a peon on permanent basis from last 15 years. Offence registered against him under section 354 A of IPC on complaint of lady teacher from same institution afterwards he has been released on bail on the same day of arrest . Now management denied him to join the institution and said that he can be join after conclusion of criminal case.
Whether this is not unjust n unfair decision taken by the management ? Plz suggest me what is the remedy for that employee against the decision of management. ?
Regards
Vishal A . Vyavahare, Advocate
9371821992
pramod
23 April 2016 at 10:56
Dear Members,
I am a builder and bought bulk sms service from a company for marketing purposes of my flats.
Now, in case of any deficiency of services from the bulk sms company, can i sue them in state consumer court. Or i should file case in some other court as i use these bulk sms for commercial purposes.
BS SUJAY KUMAR
23 April 2016 at 10:23
Dear Sir,
I am planning to shift into a independent house for lease amount of 15lakhs for 3years duration. My owner stays in Norway. He had taken all our members aadhar card, voter ID and my fathers pan copy. He is saying us to transfer amount through RTGS in 3 parts in 3 days means 5 lakhs on each day. He said he had given GPA to his brother who stays in another city will come and sign the agreement once you transfer the amount. He said to make agreement in 500 rupees paper. Later after 15days I will come to India and I will sign.
Now what's the security to our amount, once we transfer the amount if he won't turn back.
So please suggest me what to do immediately.
hrishikesh
23 April 2016 at 09:45
A Partnership firm registered in 1980 with 5 partners share holding ratio 20% each.( A-20, B-20, C-20, D-20 & 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% but the amendeed deed was not registered .now Partner A& B have entered into a leave and licence agreement for 5 years with a third party 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 starting the agreement should be null and void as we they have given no authority to partner a and b to sign any document on behalf of the firm. , Partners have got statasco order from court but the status quo order was only it seems they will not create third party or transfer the property which even they have given in writing. And it become absolute. The orther partner brought of notice of motion stating that till the suit is decided in the city civil court kindly deposit the rent amount in court . but that notice of motion was rejected on the grounds stating that in the main plaint partners (C, D, & E) have not asked for money so on that grounds notice of motion was rejected. then other partners brough chamber of summons in city civil court to amend their prays but even the chamber of summons was rejected on the grounds that you are changing the main structure of your plaint - now the other partners have filed. Writ petition in high court for asking that the chamber of summon should be granted and that that matter is still pending in high court.now its been almost 5 years that the licence has not been paid their share of rent while partners A&B are taking there shares of rents ie.20% each. In the court they are just getting dates and the party is enjoying thier premises by just paying the rent to the 2 partners in their respective ratio. . But the contention is that the partners A & B may renew the rent agreement which is due shortly. without other partners i.e C,D & E concurrence. So now partners C, D and E have filed an injunction suit against partners A and B that without the consent of partners they shouldn't renew or sign any leave and licence document on behalf of the firm that matter is also still pending . now even the contract of leave and licence agreement has been expired , now neither the lisencee is paying rent to the other partners and now even refuse to vacate the premises . kindly advice what prompt action the partners should take to safeguard the property and also get rent for last 5 years .
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Enrollment certificate
Dear Sir,
I am Enrolled as an advocate in UP Bar Council but due to financial problem i have to join private job as an accountant but i wish to practice in future.
Please advice me that can i continue me Enrollment number or i have to surrender it.
and if is necessary what is the process.