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

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SHASHIDHAR A   05 February 2015 at 12:52

Weekly off

Respected Sir,

I have a query on Weekly Off. Request to let us know for an entitlement of a Weekly Off, how many days an employee to work.

The query is explained in below scenario's.

Scenario 1.

An employee is working 5 day week. Monday to Friday, Saturday & Sunday will be his WO. He is on LOP from Wednesday - Friday and resumes to work on next Monday. Will he get Weekly Off. If yes, will it be for two days OR only for one day.

Scenario 2.

The same employee is on LOP from Monday to Friday, and resumes to work on next Monday. Will he get his WO. If yes, for how many days.

Kindly help.

Thankyou
Shashidhar.

sunil   05 February 2015 at 12:34

Domicile place

Respected Sir/Madam

My name is Sunil Kumar and i was born in Bihar but grew up in Andhra pradesh completing all my education from LKG in andhra pradesh(staying since last 25 years). I am confused as to what my domicile state will be.Since i was born in bihar it could be my domicile state on the other hand since i am staying since last 25 years in andhra pradesh(and there is some thing like 15 years or above stay which makes it a domicile state).so which should i apply for govt jobs and also are domicile and permanent address same or i can have domicile as bihar and permanent address as andhra pradesh.

Kindly reply

bharat garg   05 February 2015 at 12:09

Querry for law against public fund fraud

Hello Sir/Ma'am,

I want to know is there any stringent verdict or guideline given by Supreme court of India against Public funds fraud.

Is there any strict law for the persons who took advantage of government sponsored schemes & now not paying it to the bank,(since there is no mortgage involved in such kinds of loans).

I was told that there is some ruling of supreme court in this matter where fraudulent person will be booked & will not be entitled of bail unless he/she pays back the whole amount to the bank taken under any government sponsored schemes. No matter than if he/she has not given any of an asset as mortgage.

I am involved with one of of Public sector banks & need an expert advice on this matter..

Thanking You
Bharat Garg

Rompalli V.B. Swamy   05 February 2015 at 12:03

Need format for agreement between a patient and hospital

Dear Experts,

Ours is a Hospital which provide health care service (both in and out patient) to credit patients too, which could be TPA / Companies / Govt Schmes for which the Patient is entitled to produce ID card and authorization letter from respective company within 24 hours failing which they need to continue as cash patient (initially we are thinking to take some advance on nonproducing the same) and return on producing the same. So, i need to draft a legal agreement for this.

KUMAR SHAH RS   05 February 2015 at 11:53

Retaliation against whistle blower

I work for a multinational in India with Global HQ in US & Germany. Few months back as per the organisation “Code of conduct” I escalated few HR & operational issues challenging the working style of HR & Business Head. Specific details with supporting info was shared with Local compliance, Global Top Management, Global Audit & HR. I got acknowledgement mail assuring 100% protection against retaliation as per “whistle Blower Policy”. Somehow the info leaked to concerned officials (HR & Business Head). They’ve blocked my laptop & mail access without any reason & wish me to resign immediately on legal 100 Rs. Stamped paper. They are so powerful that no body is listening to me & I’ve been threatened that my settlement shall not take place if I do not resign on stamped legal document with following clauses:-

1) upon payment/ full and final settlement of all my statutory and contractual dues in connection with my employment in the Company or separation thereof (as set out in Annexure-I), I (including my legal heirs and successors) shall have no Claims whatsoever against the Company or any of its affiliates, representatives, officers, employees, directors, clients, customers, vendors (“Associates”) including but not limited to claims based on applicable laws, regulation or ordinance having any bearing whatsoever on the terms and conditions of my employment with the Company and cessation thereof. Further, I waive any future Claims whatsoever that I or any of my successor or heirs may have against the Company or any of its Associates and represent that neither I, nor any person acting on my behalf has or will file any actions, complaints, charges, grievances or arbitration, administrative or judicial proceedings against the Company or any of its Associates. For this purpose, “Claims” means all actions, claims, demands, suits, proceedings, liabilities, sums of money, damages and costs arising from or relating to (whether directly or indirectly) my employment with the Company and my resignation thereto, including without limitation, any retirement or pension benefits, annual leave, severance or redundancy payment, notice (or payment in lieu), gratuity, allowances, bonus, incentive or payment on any other account whatsoever and whether or not the Claim arises or may arise under contract, tort, equitable principles or statute.


2) I will indemnify, defend and hold harmless the Company from and against all or any damages, claims, penalties, fines, costs that are or may be paid or incurred by the Company as a result of, arising from, or in connection with, or relating to any misrepresentation, fraud, negligence, breach and/ or failure of performance (in whole or in part) by me of any representation, undertaking, obligation or covenant contained under my appointment letter dated 12th March 2012 (“Appointment Letter”), the internal policies of the Company, or the terms of this letter or breach/ violation of applicable laws in India;

If I do not sign they are not willing to settle my account. Also they are so powerful that they can create misrepresenting facts by pressuring some low designated employees in the organisation. My 2014 performance is B-90 points (partially Achieved) & A grade starts from 91 points.

Please guide what should I do??






Siddhi Agarwal   05 February 2015 at 10:32

Safety of docs in mm's courts

It takes years for delivering verdicts in criminal cases pending in MM's Courts in Mumbai. Also they have soft corners for accused persons (Read Times of India of today for proof wherein HC has set aside the order of a biased MM). In what way complainant can secure that the docs submitted in court are not stolen or files removed at the behest of resourceful accused persons as such acts affects the case resulting in acquittal of accused person. Pl. advice.

Stanley Nazareth   05 February 2015 at 10:11

Fast food

Dear Sir

We have a small shop at Grant Road,which is currently selling tobacco and cigarettes. The premises is on pagdi system. We propose to start with sandvich and tea to cater to the nearby residential and commercial premises and may cater to medu vada and vada pav in the near future. We have a shop and establishment licence and also the licence to sell tobacco.
Please advise if we need to procure a food licence and what will be the other legal requirements
Thanking you
Stanley

Siddhi Agarwal   05 February 2015 at 10:11

Eow not accepting frauds below 3 crores.

Dear & Respected Experts-I am a social worker trying to help out uneducated and poor people in their plight for justice so pl. help.

Today's Times of India reports that EOW -Mumbai refuses to act in cases of frauds below 3 Crores. What should be done in case of frauds below 20Lacs do we let go them? In this case a co op society is involved and have siphoned off approx. 20Lacs from members funds in fraudulent manner. We know how dy. registrars are managed by the managing committe of the societies in such cases.

sri   05 February 2015 at 10:07

Case dismissed - plaintiff lawyer did not take further steps to serve notice to defendent

A share broker refused to make payment towards my shares sold. Hence I requested Court stay order to stop-transfer of the shares and case was filed in the Bangalore court.

The case was continuously getting adjourned (for reasons like no judges, change of judge etc) in the court for 4-5 years with no hearing. The share broker willfully, never received any court order sent to him. Once the case was picked up, the lawyer was asked to serve further notice to the share broker which he missed. Hence the judge dismissed the case with the judgement that "steps promised by lawyer were not taken". This happened in about 12 years ago.

Once we got know of above, we reached out to many lawyers for options to revive the case or other options to get us justice. I was conveyed that the need was to reach Registrar of Companies (since we are in Bangalore, the nearest one was in Chennai). There was not much progress here, as there was no guidance on how to claim justice. Many lawyers that we approached had very little awareness of dealing with cases around shares and could not help earlier.

Few local lawyers that were approached recently said that more than 5 years have passed and hence filing new case may not be possible.

The share registrar of company has still not transferred the shares and awaiting my submission of court order for next steps.

I have seen great help from your legal specialists in this website and my hopes of getting direction and justice have been revived.

Please convey what needs to be my next steps, to gain justice? Can I file a new case to get judgement?

O. Mahalakshmi   05 February 2015 at 09:52

Restoration of maintenance case

crl.m.p in Maintenance case and both are dismissed for default. how the Maintence case will be restored