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advocate satya   14 August 2008 at 13:23

juridiction

sir
can any consumer file a case on any company at delhi , if the company is not based at delhi and supplied something at delhi, the company is at banglore, as i think the juridiction is at the place where the company is based, if this is right and if someone files a case at delhi and the consumer court has taken cognizance what is the remedy?

vandana   14 August 2008 at 12:31

labour law amendments query

1. Has the industrial disputes (amendment) bill, 2002 been passed and if yes, when has the change in definition of workman come into effect?

FYI-Section 2(s) defines a workman. Earlier the definition of a workman excluded any person employed in a supervisory capacity drawing wages more than Rs 1600 per month (Section 2(s)(iv)). The bill seeks to remove this ceiling on wages in the definition, thus bringing all workmen employed in a supervisory capacity under the purview of the act, regardless of their wages.

2. I’m a victim of a forced resignation and wish to file a criminal suit against the management for their unfair labour practices as u/s 2 sub-section (ra) of the Act. Kindly advise me on the procedure and forum to be approached for redressal? i.e. do I file a complaint at the labour office or at the police station or directly at the magistrate court?

FYI- FIFTH SCHEDULE - UNFAIR LABOUR PRACTICES [See section 2(ra)]
I - On the part of employers
5. To discharge or dismiss workmen - (a) by way of victimization (FORCED RESIGNATION)

M.A.T.Ganesan   14 August 2008 at 12:24

Evidence Act

what is "burden of proof" & "onus of proof" ?

bhagwant   14 August 2008 at 12:03

Fire cracker in class room

Boy from college having age of 24 blasted fire cracker in class room, he is caught, one stuedent of age more than 18 got injured. Now tell under what sections of IPC that boy will be charged. Please answers are invited from Advocates who are having knowledge of law and who knows correct section. Vague suggestions will be ignored.

N.K.Assumi   14 August 2008 at 11:41

section 25(3)

What are the conditions in order to amount to contract under section 25 (3) of the contract Act? Should there be a fresh offer and acceptance to constitute a contract under sec tion 25 contract Act?

Sangeetha   14 August 2008 at 10:02

Asset - Under construction in Building account and Dep. claimed

For accounting year 2006-2007 our building was in construction. the Contractor has given part invoice for building while under construction and it has been booked in Buildings account. Depreciation had been claimed last year. In this accounting year 2007-2008, balance part invoices were received and that had been booked in Asset-Under Construction account. then at later stage it will be bought to Asset - Building account. Now my question is wat has to be done for the asset considered as building last year and for the depreciation considering IT and Companies Act.

Gurumourthi   14 August 2008 at 09:17

Central Excise Interest demand

Can anybody provide case law details (Citation) related to Interest demand by Department for payment of duty on monthly basis for removal of input and capital goods as such. (Other than KLRF textiles vs. CCE, Tirunelveli 2005 (188) ELT 169). I shall be thankful if the webside details are also provided.

ANOOP TRIPATHI   14 August 2008 at 01:18

second bail

sir
a bail application is presented to the court of session judge and bail allowed, due to no knowledge a other advocate presented same bail with Clint affidavit this is first bail Clint himself do not know about first bail application and he is only son of accused .what is liability fix against advocate and Clint ?

lawyers friend   14 August 2008 at 00:53

about 406 cr.p.c

sir i think 406 cr.p.c is "criminal trust of breach" if bank file case against me u/s 406 cr.p.c. can i also file case against bank u/s 406 cr.p.c. because bank told me charge rate of interest @ 0.99% but they charge @ 2.95%.can i file any criminal case against bank so they come on back foot and agree to clear my dues for reasonable amount.

ajay kumar   13 August 2008 at 23:37

cheque return.

i take pl from one mnc bank in India.due to money crisis i not able to pay my emi regularly, now bank used my security cheque for payment of pl and that cheque return due to "stop payment".now what can i do.

sir bank not give me any loan recall notice etc....but they used my security cheque for full amount of loan.can they present security cheque for full amount or JUST EMI AMOUNT DUE ON EMI.