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Queries Participated

Suraj Kumar   07 April 2023 at 08:12

Injunction breaking

I have under procession of a property whose value was paid to owner. The owner did not register the property in my name till date.
I have file a civil suit wherein injunction is granted in my favour & still in force.
Now the owner with his men & agents repeatedly try to forcefully vacate me.
I have file a case of 144 CRPC, 107 CRPC & an FIR u/s 341IPC,323IPC, 325IPC, 448IPC, 427IPC, 379IPC, 506IPC is lodged in local PS.
In spite of this, my op's are sending their men & agents threatening me for vacating the property.
Please suggest how can I peacefully live in that property ?

Susmita Devi   10 March 2023 at 14:45

Unpaid cooperative bank loan

My mother had brought a loan of Rs 20,000 at 19% interest in the year 1996 ... now from the loan amount she had paid Rs 12000 and rs 8000 were unpaid ...now the cooperative bank asking for Rs 3,50,000 because of rs 8000 was not paid on time ....now my mother is not able to pay the due amount and i don't know what to do now as my mother belongs to schedule caste and she is a house wife so she is not able to pay the whole amount ...so can i get some suggestions or help on this matter

Janhavi Mantri   14 July 2022 at 14:31

Tenant stolen my furniture

Dear Sir,

I had given out my flat on L&L, Agreement was valid till March 2024 with 2 years of lock in. My tenant suddenly ran away without giving any notice. He took all the lights and my furniture along without my consent.

Please advise the next steps.

Regards,
Janhavi

Anonymous   12 July 2022 at 16:45

Promotion in government sector

Hi, please pay your kind attention towards the following series of incidents:

1. Recruitment Rule in our department was amended with effect from August 2019 and new recruitment rule is know as RR-2019. Previous it was RR-2006
2. In the RR-2019, the minimum qualifying service length to become eligible for promotion to higher post has been increased from existing 5 years to 7 years. Prior to August 2019, it was 5 years.
3. In October 2019, a review DPC was conducted against the original DPC which had held in March 2014.
4. In the above review DPC, I was granted promotion to the post of Sr. Assistant w.e.f. March 2014. Thus, my 5 years for next promotion completes in March 2019 as per RR-2016 and multiples position were also vacant during this period.

Now my question is with respect to grant of next promotion after March 2014, whether 7 years minimum Service length clause shall be applied on me as per RR-2019 or it shall be 5 years as per RR-2006. The RR-2019 was come in effect from August 2019.

Kindly help me with the answer in light of some judgements of Hon'ble Courts.

Sagar Bagwe   12 July 2022 at 15:12

Pf withdrawal

Dear learned expertise.

My colleague has approached the pf office at Mumbai (Bandra) for pf and pension claim of her deceased husband. After verification they insisted for guardianship certificate since she is a Muslim and the law insists for it though she is the natural guardian as a mother.

May I kindly request to help us with the procedure and since she is in taluka place should she obtain the guardianship certificate from district judge only or taluka should be fine. Please guide.

crpc   11 July 2022 at 10:14

Owner didnt returned money back!

All Respected Lawyers,
The sequence of events are like below –
1. I took flat on rent with Rs14500/- as rent and Rs 1500 as maintenance with electricity extra in 20.6.2019 and with Rs 80k/- security deposit at Bangalore.
2. Had initial agreement for 11 months with normal conditions, like 10% hike after a year and he will deduct one month amount i.e. Rs 16K/- as painting charges and return back rest on money i.e. Rs 64K/- provided if damages had to be bore by me.
3. Things goes well with some friction in getting services from landlord, in between he was asking to bear repair, against which some small repair (within 100/200) i had but heavy he bore heavy investment.
4. In the flat he has his belonging in a full wardrobe, but somehow mutually we managed.
5. I vacated flat in 1.5.22 in trust he will return back security of Rs 8K0 and didn’t taken back.
6. I visited flat again with landlord on 3.5.22 and shown him to get reviewed. At that time he asked for few damages against which I was agree to bear.
7. I requested multiple times to giving back final money after deducting one month rent i.e. Rs16K and cost of damages with 15days rent for period of 21.4.22 to 1.5.22 i.e. 8K., then my expectation was to get some Rs 8K0 - (Rs 16K-painitng) -(Rs 8K-(15days rent))-(Rs 1K-damages) = 55K.
8. After June 2021 no further agreement were made and move with mutual agreement without increasing rent.
9. On 4.7.22 he came with many heads and unreasonable amount which he didn't discussed till 3.5.22.
10. I didn't agree on same and said whatever damages and painting i will bear you just deduct 8K as 15 days rent and return rest of the amount i.e. 8K-8K=72K.
11. He agreed on the call twice.
12. Next I asked that kindly credit back the amount so that I can plan for painting and other repair (against my damages).
13. He said for you need to pay? How I need to pay, then he told with 10% hike you may calculate as per agreement.
14. I said that agreement is null and void after 11 months it has no value.
15. In between he paid Rs 35K. 16. Now I said its Rs 45K= (Rs 8K0-Rs 35K) need to be discussed.
17. He said he will not reply further and blocked me on WhatsApp.
18. In total summary he charged total Rs 21K extra.
I want that money back as it was hard earned money.
My queries –
1. What I can do to take back my Rs 21K?
2. As after 11 months things were going on mutual agreement and he didn't ask to increase rent and all, but at end after 2 months of leaving premises he was saying same with other illogical things. How the judicial will it and on what conditions will be considered as no agreement has made further?

Grivience Desk   10 July 2022 at 11:47

Company takes 5000 rs as channel partner but don't give ser

Hi,

A company takes 5000 Rs as a channel partner and his employee said that they will provide advertisements material, banner, pamphlet etc. But even after 10 months they don't provide any thing. Company is in Bangalore. This company makes above 100 channel partner in Mumbai and same issue for all

What kind of legal action can be taken. Where I can report about it.

Vasudevan   10 July 2022 at 10:20

Applicability of id act to staff working in epfo

I had worked in Employees Provident Fund Organisation {EPFO} (An Autonomous body under Ministry of Labour) and retired. I had not been paid Bonus which has become due in Feb 2021. I would like to file under Industrial Disputes Act before the Assistant Labour Commissioner (Central) for adjudication. Whether EPFO comes under Industrial Dispute Act. Kindly guide me as I am appearing as party in person.
Thanks to all Learned Experts in anticipation.

Anonymous   07 July 2022 at 16:05

Resignation before probation confirnation


Hello sir,

I want to discuss my resignation procedure. Please help me on this.

I joined my company on 1st april-2022. As per appointment letter, my probation period is 3 months and within probation period, my notice period is 1 month. After confirmation of probation period, my notice period will be 3 months.

My probation period was going to complete on 30-jun-2022. I had submitted resignation on 30-jun-2022 after closing of office hours I. e. 8.30PM.

after seeing my resignation, HR of company has issued confirmation letter for my probation period at 11.30pm, which is 3 hours after my resignation.

My query is :

1) Is my resignation valid/acceptable after closing hours of company as per indian labour laws.? Company has not given me any acceptance on this.

2) does their confirmation letter stands valid as I have received it after my resignation?

3) now, my notice period will be 1 month as I was not confirmed till resignation or it's 3 months? Company is forcing me to serve 3 months.

4) Company has took Disciplinary action against me for entry into office after closing hours. Company is not accepting 'resignation submission' as a valid reason for late entry.


Please advice me as per indian labour laws

Anonymous   07 July 2022 at 13:21

Case regarding late possession and delay interest

Hello,

I bought a property in Gurugram in April 2018 being the second allotter to this property. As per agreement it was mentioned that builder is supposed to deliver by 15 months and till June 2022 they have not delivered possession.
Recently got a letter from them asking to take the possession. As per law, they should be liable to pay me delay of possession interest/compensation but during the sale they got indemnity cum undertaking of the assignee signed by me which mentions that being the Assignee, I am not liable to claim any compensation for delay in handing over possession or rebate under a scheme and undertakes that asignee will not raise any claim whatsoever in this regard to the same from the Company for which the original applicant/allotee is entitled.


This undertaking has any value as per law? Can I still not claim delay interest of possession after this?