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harish adake   17 September 2009 at 10:55

gratuity on resignation from central railway

my client had resigned from central railway after 8 years of qualifying service. the railway administration had refused to pay any gratuity to him.
whether he is entitled to any gratuity as per the provisions of Railway services pension rules,1993. if yes, then then under what provision.riven

Jitesh   17 September 2009 at 10:47

Cyber Crime

Hi All,

My ccousin has been booked for fradulantely using credit cards of others to book railway tickets.

3 Years back he was arrested & has been charged under section 34B, 420. Currently out on bail.

The fraud amt is around 1.5 lacs.

I wanted to know that if he is found gulity will he be charged only a penalty to pay or will he have to serve any period in jail. Even if he has to serve any term in jail what could be the approximate period?

He does not have a criminal record, it's just that out of stupidity he commited this crime for the first & last time in his life.

Also, if someone knows the recent outcome of any such case. I guess that would be very helpful.

Awaiting Response.riven

shiva   17 September 2009 at 10:37

Item stolen by my WIFE

Hello All,

My wife had filed a false 498A on 28/02/09. Again 307, DP3/4 on 03/03/09 on me and my brother. For more than six months I and my brother we staying out of our own house fearing arrest and harassment from my wife family members. On 04/09/2009 after getting bail we went to our own house. We could see that several item were stolen by her like bank passbook, FD, passport, RC book, silver items. She vacated the house on the same day and police men were there to see there is not fight with each other.

Same day I made list of the items that were lost and stolen by my wife and went the police station to give the complaint against my wife and others. But the Police Inspector refused to take the complaint as it 10:00PM and asked me to come tomorrow morning.

Next morning (05/09/09) when I went the ASI and IO made wait for 2hrs and then gave complaint saying that is a civil case please file case in family court. This he did because of the influence of wife uncle who is retd police officer. When there is clear case of theft by wife the why the inspector is not registering the case and giving a FIR.

Please give me some advice on how to make them register case against my wife for theft.

Thanks,
shivariven

rk   17 September 2009 at 10:13

coop soc court

hi,

i am looking for address details for coop soc court , my flat falls in new mumbai area
also i am looking for coop soc lawyers

Pl advise,
riven

Rama mohan Acharya   17 September 2009 at 09:44

Conciliation

I have a querry. Can conciliation proceedings under section 12 of the Industrial Act 1947 can be initiated on the basis of a notice served under section 19(2) of the said Act i.e., intention to terminate a settlement where the period of operation is not specified?
riven

Rama mohan Acharya   17 September 2009 at 09:43

Power to terminate service

Here is an Company having manufacturing units spread over throughout India.The organisation srtucture is that in the Apex, Corporate office. 4 Complexes named A,B,C,&D comprises of certain different units reporting to Corporate. Delegation of Power of the Company, the Appointing Authority for an Asst Engineer is the General Manger of the Unit and that of a Manager is the Director, who heads the Complex. In one case an employee was selected under the special drive of recruitment for ST candidates as an Asst. Engineer by Complex A . He was posted to Complex B. Appontment letter was conditional i.e. subject to varification of caste.Over a period of time the employee got promoted and now he is a Manager in Xomplex B. Appropriate Authority informed that the caste claimed by the employee is not ST. His services are to be terminated as per the appointment letter.The Qurryis who will be the authority ? Director of the Complex A from where the appointment letter released or Director of Complex B where he is working now as a Manager or the General Manager of Complex A ? Principle of " Appointing Authority can onlr terminate" is to be followed.
riven

Manoj Kumar   17 September 2009 at 09:21

rgarding probation period rules

hello all,
this is manoj here needs early reply
I am a staff nurse working in MGM Medical collage associate hospital. This is an autonomous body. I am on probation period of 2 yeras and I completed 1 year.
here my question is am i able to apply for the same post in other institution like for central government body.
or i have to take any kind opf permission from my higher authority for applying and giving exam or interview regarding this.
please help me.riven

aditi   17 September 2009 at 09:03

execuion

could powers u/s 33c(2) I.D.Act labour courts be executed dicree under shops & estableshments act?riven

Member (Account Deleted)   17 September 2009 at 08:20

QUERY REGARDING LAW COURSE

Hi Sir,

Thanks for your yesterday's reply.....my grades are only compartment pass (35%) in both 10+2 and in my present running graduation (BSC-Bzc from Dr. BRAOU).

I want to know that is 35% is eligible to join law or not.

Thanks&Regards
Rajesh Kumar Gopaluniriven

RAHUL   17 September 2009 at 02:10

PVS Constructions Pvt Ltd Ghaziabad

Flat Cancellation - Amount Refund
I have booked a flat from M/S PVS Constructions Pvt Ltd Bhopura Ghazaibad in their project Svaran Residency - 2 at Pre Launch when they had only the plot in Bhopura, Loni border, Ghazaibad, on which they would construct the Appartments.

Svaran Residency-2, Village Brahampur, Bhopura, Loni Ghaziabad with M/S PVS Constructions Limited Pvt. Ltd. (Registered office at Khasra No. 454/1 & 444/2, Village Brahampur, Bhopura, Loni, Ghaziabad) by paying the 10% of the basic cost of the property i.e. Rs 191,455/- on 28-03-2008. Later, on 30-08-2008, I paid Rs. 22,367/- in stages, bringing the total cash payment made by me to Rs. 2,13,822/- (amount of borrower’s margin as per the requirement of loan availed by me from ING Vysya Bank).
Agreement to sale was signed between M/S PVS Constructions Pvt Ltd and me on 29-08-2008 and the date of possession of the property was given as 31-12-2008 in the agreement.

Later in the month of Oct-Nov,2008 the Home Loan was Sanctioned and the Bank paid total Rs12,30,216/- in two installments of 726,578/- on 25-10-2008 and 503,638/- on 12-11-2008.

Bank started charging a Pre-EMI of approximately 11,500/- every month starting from Dec,2008.

I came to know about it much later, the bank had already denied any further payment to the builder and my sanctioned loan of 17,000,00 was never to be disbursed to the builder, and the construction of the property halted.

When I asked for the refund as I saw no possibility of getting my flat any time soon, the builder started avoiding me and being rude when confronted.

Finally after a continuous chase and followup of the builder, he gave me a committment on the letter head of the company PVS Constructions Pvt Ltd that he would pay me only the principal amount i.e. Rs 2,13,822/- paid by me and Rs Rs12,30,216/- paid by the ING Vysya Bank. He denied paying any interest on the principal paid by my that he kept for 18 months which would remain with him for almost 2 years if he keeps his promise and pays me in the promised period of next 6 months.

He also denied refunding the Pre-Emi paid by me which is Rs 1,14,375/- till date that would grow to amount to Rs 1,83,000/- in the next six months.

Even if the builder keeps his word and pays me in the next 6 months as agreed on his letter head, I still stand to lose Rs 1,83,000/- towards the Pre-Emi against the loan to the bank and almost 50,000/- as the interest on the principal paid by me.

I have also written to the ING Vysya Bank and they have written back to continue paying the Pre-EMI till the amount is returned to them by the builder.

I need the expert advise on getting the early refund of Principal, Pre-EMI, Interest on the 10% intial payment.riven