Devajyoti Barman's Expert Profile

Queries Replied : 34799

+ View Full Profile

What kinds of questions I can and can't answer?

My area of expertise

My experience in the area (years):

Organizations I belong to:

Publications or writing which has appeared :

Educational credentials:

Award & Honors:

Member (Account Deleted) says : tampering with the marks in UPSC Examination
I am writing to seek your guidance and assistance in one of the cases that we are dealing with right now and finding it difficult to proceed further in absence of an appropriate case law on the subject matter. My client appeared in HAS examination and attained 599 marks whereas the top ranker attained 607 marks in total. She has scored above 70% marks in every subject except for hindi language paper in which she was able to score 39 marks only (the passing marks being 40). The answer sheet acquired through RTI reveals that my client was failed in the abovementioned paper deliberately owing to the fact that clear overwriting was done by examiner while checking the paper. We are in search of an authority which can convince the court that the answer sheet be produced in the court for examination. The tampering with the marks in the answer sheet has to be proved in the court so that my client is able to sit for the interview. I shall be highly grateful to you if you can help me out with this case.

komal sharma says : religion
sir how can i change my religion legally ? I am Hindu now ? Can one have more than one religion legally ? who govern and decide about the choices of religion , Can it be any religion of world ?

gulshan saraswat says : Termination after resignation has been accepted
Experts, I am putting up here a case which would attract professional opinions, references and suggestions from you. It involves termination after acceptance of resgination by the company upon BREACH UNDER EMPLOYMENT AGREEMENT Please allow me to submit information in a chronological manner within the same thread and hope sooner we will achieve potential case points and that will be a great help to me. The incident dates back to March 2013. On March 21st i resigned from the company and it was accepted by the company on the same date. However, by mistake i had sent a mail from my official ID to a third party that had company information. I got a notice from the company on 3rd April about breach of contract and they said in the mail that they have terminated me. I am posting the mail below: - NOTICE OF BREACH UNDER EMPLOYMENT AGREEMENT The Company has found that you have disclosed Sensitive Confidential Information to an unauthorized third party by sending email dated April 3, 2013 at 12:21 PM with subject line: Campaign Report for India.. from your Blackberry Phone. Upon disclosure of such critical and confidential information to an unauthorized third party on your part there has been WILLFUL NEGLIGENCE, GROSS MISCONDUCT, UNETHICAL BEHAVIOUR, DISLOYALTY, MATERIALLY DETRIMENTAL BEHAVOIUR TO THE INTERESTS OF THE COMPANY BY YOU. Further, you are in DIRECT BREACH of the following terms and conditions of your Employment Agreement dated March 12, 2012 with Vserv Digital Services Ltd. (herein after referred to as the company) : Clause 3 (a) under Schedule II – Protection of Confidential Information: Employee agrees that at all times during or subsequent to his/her employment, he will hold in trust, keep confidential and not disclose to any third party or make any use of the Confidential Information except for the benefit of the Group Company. Employee further agrees not to cause the transmission, removal or transport of Confidential Information from the Group Company’s places or business or such other place of business specified by the Company, without prior written approval of the Company Clause 5 – Termination of Employment (a) Delivery of Documents and Data Upon Termination of Employment: In the event of termination (voluntary or otherwise) of Employee’s employment with the Company, Employee agrees, promptly and without request, to deliver to and inform the Company of all documents and data pertaining to his employment and the Company’s Confidential Information, whether prepared by Employee or otherwise coming into his/her possession. Employee will not retain any written or other tangible material containing any information concerning or disclosing any other Company’s Confidential Information except that financial information that he/she is entitled to possess in the capacity of an Employee. (b) Obligations of Employee Subsequent to Employment: In the event of termination of Employee’s employment with the Company, Employee agrees that he will protect the value of the Confidential Information and prevent the misappropriation or disclosure thereof. Employee will not disclose or use to his/her benefit (or the benefit of any third party) or to the detriment of the Company any Confidential Information. Clause 4 under Schedule I – Conflict of Interest: The Employee is prohibited to use or release to a third party any data on decisions, plans, competitive bids or any other information which might be prejudicial to the interest of the company. Further to above, as per Clause 6 under Company’s Leave Policy, “employees are not entitled to any leave during notice period. Pre approved leave during notice would also be nullified by the management if required”. By remaining absent from duty during the notice period you are in direct violation of the Company’s Leave Policy. As a consequence to your breach and violation of company’s policies, company hereby terminates your employment with immediate effect and without incurring any obligation or liability towards termination. Company calls upon you to forthwith cease and desist from any usage of Confidential Information belonging to the company. You are also called upon to forthwith return all information/documents available with you or within your control immediately to the company. You are further called upon to confirm in writing and in person to your reporting manager; (1) Admission to your breach of Employment Agreement with the company (2) On whose demand have you disclosed the confidential information belonging to company (3) You have immediately ceased use of all the Confidential Information belonging to the company Kindly note that if you fail on your part to comply with above, immediately upon receipt of this Notice, company reserves the right to institute both civil and/or criminal proceedings against you and/or the concerned person/s for which you alone shall be responsible for both cause and consequences thereof. Company also reserve the rights to claim rendition of accounts and damages from you. My question is can the company terminate me after i have resigned and what is it that i can do now?

aditya desai says : PROPERTY POSSESSION
DEAR SIR, (For my block on 2nd floor ,Hall on 1st floor and shop on ground floor). Builder give me the possession letter on 2006 for my block on 2nd floor ,hall on 1st floor and shop on groundfloor.i occupied hall and block but practically he shut down the shutter shop no 1 and 2 and he frequently told me the wall is to be build up between two shops.But after 2008 i came to know when he opened the shutter by the third person that he has already sell out the shop to third party on 2007 .So i have give him the notice to builder and third party by lawyer on 2008 AND I FILLED CHEATING CASE ON 2009 AT Borivali .Mainly i have no money as i am retired person, and i spend all money in this property.So can i file the suit for possetion under specific performance act .. in 2013.(ie stay order,commissioner etc in ct court..)I want to know is there any time limitation THAT U CAN'T CLAIM THE POSSESSION NOW. 1)Any order is past that we have to claim the possession within 3 years of time limit..? 2)under what section.. Because builder is saying that u should suit a file within 3 years of time limit. Please HELP I want to know is there any law that we cant claim the possession after 3 years.. thanks for help....

aditya desai says : PROPERTY POSSESSION
DEAR SIR, I want to know under specific performance act there is any rule that you cannot clame after 3 years for possession? Also i want to know if any order is pass after 3 years ? And under what reason and when? thanks for help..

Click here to see all answered queries

Comment Please

Other LCI Experts

Rajendra K Goyal
Queries Replied : 53581

Raj Kumar Makkad
Queries Replied : 44370

ajay sethi
Queries Replied : 31529