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Adv. Vaishali Karloopia (lawyer)     02 August 2017

Need help

sir in my case my client's son died in an intoxicated state due to abetment of her girl friend. Sir can I section 305 be applicable in this case?



Learning

 4 Replies

Advocate Suneel Moudgil (Advocate)     02 August 2017

as per the info provided by you, it seems, YES, will applicable.

 

 

Raveena Kataria (Advocate )     02 August 2017

Assuming that you mean the suicide of the deceased person was abetted by another while the deceased person was in a state of intoxication, indeed the abettor will be liable u/s 305 of the Indian Penal Code.

Adv. Vaishali Karloopia (lawyer)     03 August 2017

sir section 305 provides abetment to commit suicide in case of child or insane person. But my client's son was major and sound. Is this section apply is to major persons also. Kindly give me reference of supreme Court case laws.

Shailendra Pratap Singh   03 August 2017

I was working with IBM. I joined this organization in November 2014. From past 6 months, my health conditions were not good. I had informed my manager and team leader about it. My manager had a trust issue and never believed it. Even after sending him all medical reports, he kept on warning me and threatened me of termination from the job. He has very good connections with the ministers and high command people. He lied to the management about me stating that I am not responding to his emails and phone calls, wherein he only called me three times in this whole period. He was pressurising me to attend office even in my bad health conditions. My medical documents that I sent basis that my leaves were approved till the month of January 2017 from December 13th 2016. For February month they paid me my salary. In the month of March IBM sent me a notice to report or they will terminate me. I replied to all of their emails and call and tried to attend the office, but due to my health I couldn't continue to report again as my health condition was getting bad. They only provide one side cab. So I couldn't use that facility as well. While riding the bike my hernia used to pain a lot. Organization did not pay for March as I gave them the option of marking me LOA (Loss of Allowance). My manager marked me LOA for February as well as for March, April and May. I was given a notice by the IBM recovery team to pay around Rs.16000 as excess salary. I promised them to pay it while working. I was feeling better after my complete treatment and wanted to report to work from June 1st. I had to complete some pending work in my kids school as well. While I was doing this, they terminated me. And now even after not paying to me from February 2017 they have sent a notice to pay Rs. 52000 as excess salary. My manager has not given the clarification on why I am charged this amount. I requested him not to do this with me. But he never replied to me. I want to know, If I can file a case against him and How. Can I file a maanhani case against my manager and sue him for some good amount? Regards, Shailendra Singh

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