Hetalkumar
07 September 2012 at 11:57
Dear Sir,
I have Two Question as follow ;
(1) I need to know, whether u/s. 4(6)(a)(b) of Payment of Gratuity Act, 1972, Employer can forfeit the Gratuity amount in case of o/s. staff home loan enjoyed by the employee while his service with the employer, if not paid by him ?
(2) Whether employee who had made fraud while functioning as loan officer and disbursed the loan by creating / using fraud documents of borrower, and that loan is not recoverable by employer bank from it's borrower. Can Employer have right to adjust or forfeit the gratuity amount, if he found guilty in Dept. Inquiry in above mentioned loan process by employer ?
If during the Dept. Inquiry in above loan case, if employee attained the age of superannuation, then the same can be continued ? And if the same was continued with a letter to employee by mentioning that, " he have been released, subject to and without prejudice the outcome of Dept. Inquiry and punishment thereof ". Whether in that circumstances, if the gratuity is forfeited against the loss in above mentioned case by employer, is tenable u/s. 4(6)(1)(b) of PG Act ?
Please guide with latest judgement / authority in this regard of Apex Court.
Thanking you,
Regards,
Hetalkumar
Hetalkumar
21 March 2012 at 11:22
Whether Co-operative Banks are well within the purview of Bank as defined under BR Act ? Whether Co-operative bank can exercise their rights as secured creditor to enforce security without adopting measures of court and exercising their rights under Securitization & Reconstruction of Financial Institution and Enforcement of Security Interest Act, 2002 (in short SARFAESI Act) ? Is there any authority / settled law in above regard ? please guide.
Hetalkumar
20 February 2012 at 11:31
Dear Sir/Madam,
Please let me know about the Service Tax Liability upon receipt of over and above limit Rent income received from Lease base premises to a corporate banking. Is it on shoulder of the owenr, statutorily ? How and on what slab the same is required to be mitigate ? Please guide along with some IMP Decision of apex court on the same. Thanking you,
Regards,
Hetalkumar Hindocha
Hetalkumar
04 November 2011 at 14:00
Please let me know, if the banker received a cheque from it's account holder for clearing purpose, in which name of other person as payee is written, but the same appearas simple cross and bearer. Can Banker process it for clearing purpose and send it to the drawer's bank for it's clearing and get credit of it in to the saving account holder with it ? Suppose A has deposited cheque with X Bank where in he maintained saaving account. Cheque drawn in favour of Y issued by B. Cheque is simple cross and also bearer. Can X Bank give deposit/ clearance in favour of A, in his account, amount of cheque. If the cheque is deposited with wrong intention, is there any liability as collecting banker ? Please advise with some relavent decision on same line. Thank you.
Hetalkumar
02 November 2011 at 10:50
Please let me know, if the person have filed private complaint u/s. 190 (1) of Cr.P.C. on particular offence and upon which magistrate had took cognizance and issue process u/s. 202 of Cr.P.C. to enquired into the case to the IO, Can IO on similar set of circumstances and upon instance of another person, subsequently lodge FIR u/s. 154 of Cr.P.C. and take charge of entire investigation for which 202 order is already made by the competent magistrate under whose jurisdiction had been made out ? Can IO have right to club the enquiry and insvestigation basis on subsequent FIR lodged against him ? If the IO, basis on FIR of some other person, tried to manage things and harrass the original complainant and it's witnesses by giving threat of arrest and police attrocities, with intention to fit the person as well his witness before Magistrate in Private Complaint and wrongly diversified entire prosecution, what remedies are available with the complainant who lodged Private Complaint before Magistrate for appropriate investigation in his enquiry case ? Can High Court made interfearance u/s. 482 of Cr.P.C. to give entire enquiry and investigation on second FIR to independant Investigating Team ? or to give suitable direction as to quashing of Second FIR for same offence, registered with Police with an intention to harrass complainant, who rushed first to Magistrate by way of private complaint ? Please advise with any Apex court's Authority in this regard.
Anonymous
20 January 2011 at 23:41
please explain about right of resignation of employee from employer's duty within parameters of employment appointment letter. what are remedies and under what law available to the employee, if he forced to stick with job or his resignation is not accepted within time / desired time. Can employee have right to enforce any law regarding his free movement or to say ask releiving letter ? Under what provision and circumstances ?
Anonymous
20 January 2011 at 11:56
Dear Sir/Madam,
As the purchase of flat owner, can enter his/her name in land more particularly record of right (Form No-6-A) under Mumbai Land Revenue Code. On making application in prescribed format to the Office of Mamlatdar (Land), one notice through Talati Cusm Secretary u/s. 135-D under the act is generally given to the effected parties of that entry. Simenteniouslly, one adhoc entry would be made in Format No-6(a). If no any objection received from the respective parties within 30-days on receipt of the notice, mamlatdar have right to certify that entry and give effect thereof.
In my case, I have produced all relevant documents i.e. copy of registered sale deed, Index-II, General Irrevocable POA by land loard in favor of builder / developer to give effect of selling proportionate part in lad to the prospective flat purchaser etc. Inspite of the same the said entry was rejected by the Mamlatdar (E-Dhara). What would be the possiblity and under what provision i have right to challenge the said action of Mamlatdar?
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Can gratuity amount forfeited against staff home loan outstanding if contractually agreed
Please let me know that, Can employer have right to adjust the Gratuity amount / retirement benefit against the loan outstanding (if turned in to NPA), if the employee had agreed by way of execution of staff loan agreement (under Contract Act) ?
Whether employee have right to restrain or challenge in any manner the action of employer, for forfeiture of gratuity amount under Consumer Protection Act, as he s not now in service with the employer ?
Regards,