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G. GANESAN   11 August 2008 at 23:11

Filing of F.I.R.,

Dear friends,
We, in general insurance companies, generally ask for FIR from the claimant/Insured as a proof of genuinity of the loss and to rule out the connivance of the Insured in the occurrence of the loss.

In cases of property damage, the police authorities refuse to file FIR stating that FIR will be filed only if there is death of or injury to anybody. They, in turn, give certified extract of GENERAL DIARY [GD] entry only.

Does it mean that FIR can be filed only if the action involves any offence attracting any sections of Indian Penal Code or any other act? Can FIR be not filed for any accidental damage to vehicle, accidental fire to the goods insured, etc.,

Kindly enlighten.

Shekhar   11 August 2008 at 21:05

Can maintenance be filed with the job by the wife?

Hi all, Can maintenance be filed by the wife who is in job? if so then would she be entitled to get ? pls. give some earlier case history where the girl/ wife was earning... and pls. if some one is having any details about the reverse " where the hasband ever get the Maintenance" pls. share.

Nirmal Joseph   11 August 2008 at 19:29

Will Suit filed later affect the verdict of an existing Writ?

Hi Friends,

In June 2006, I filed a Writ of Mandamus to direct the Municipality to demolish the offensive portion of a building constructed on the boundary wall against the approved plan and rules. But the offender (while the Writ is in existence) three months later in September 2006, filed a false civil suit against me (with an intention of frustrating the Writ Petition) in a Lower Court and referred the presence of the civil suit in his Counter Affidavit in the Writ in November 2006 (5 months later).

The High Court rejected my pleading saying that there exists a civil suit on the property for demarcation of boundary. Against this order I filed Writ Appeal where, to prove that the Civil Suit is filed later than the Writ, I produced the copy of the pliant in the false civil suit filed by the offender. But unfortunately even after seeing that the Appeal was not admitted. Please help me how to proceed. And where all I can take-up this matter to get justice.

Thanks!

Raja Sundarraman   11 August 2008 at 18:25

Property Law

Respected Learned Friends, I invite your valuable opinions as to a foriegner purchase purchase land in India. Is the Right to propert enshrined in our Constitution made avilable to a citizens of a foriegn country who was formerly a citizen of India?

shantilal k. patel   11 August 2008 at 15:22

Delay in claiming Gratuity Amount


Dear Friends,

Claim of Gratuity must be made in the
form prescribed under the Payment of
of Gratuity Act or a simple letter
from the employee to the employer for
gratuity amount will be sufficient.

In my case I caimed gruity amount sending
a simple letter in 1999 to the firm.The firm replied stating to meet the Manager of
the employer. I met the Manager but
there is no proof of my meeting. He told that the matter is under consideration and since there is a change in the constitution of the firm it will take sometime. Ultimately they told orally that it is time barred. I was thereafter, requesting for the Gratuity amount orally. Ultimately I approach the controlling authority in 2005.
After hearing me controlling authority condoned the delay and now there is a new
Ass.Commissioner who has to pass the order on marit.
My question is
Delay is condoned so the order has to
be with interest @ 10% interest. Or the
Asst Commissioner can pass order without
Interest also?
The delay was for about 7 years but it
is condoned. Whether in appeal it can be
reversed and case can be dismiss?
S.k.PATEL

shantilal k. patel   11 August 2008 at 15:20

Delay in claiming Gratuity Amount


Dear Friends,

Claim of Gratuity must be made in the
form prescribed under the Payment of
of Gratuity Act or a simple letter
from the employee to the employer for
gratuity amount will be sufficient.

In my case I caimed gruity amount sending
a simple letter in 1999 to the firm.The firm replied stating to meet the Manager of
the employer. I met the Manager but
there is no proof of my meeting. He told that the matter is under consideration and since there is a change in the constitution of the firm it will take sometime. Ultimately they told orally that it is time barred. I was thereafter, requesting for the Gratuity amount orally. Ultimately I approach the controlling authority in 2005.
After hearing me controlling authority condoned the delay and now there is a new
Ass.Commissioner who has to pass the order on marit.
My question is
Delay is condoned so the order has to
be with interest @ 10% interest. Or the
Asst Commissioner can pass order without
Interest also?
The delay was for about 7 years but it
is condoned. Whether in appeal it can be
reversed and case can be dismiss?
S.k.PATEL

puja   11 August 2008 at 14:56

need quick reply

a person who was the GM of a construction company died on site where the wotk is going on.

the person is earning gud amount in lakhs.
he left over his wife and a unmarried daughter.
what remedy available to the legal heirs to get more compensation besides workmen compensation Act.

any another act/law from where they got compensation (gud amount)

Tarun Kalra LL.M, M.B.A   11 August 2008 at 14:00

resignation of employee

Dear sir,

A employee, who is under probation period, had given his one month notice and resignation to the managing committee of the school, (it is typed and signed by the employee). Later on he had given a affidavit to D.C that he had not given his resignation and the resignation and other blank papers and signed by him is a result of cheating by the managing committee, and he had given a statement before the district education officer that the had not given any resignation and the resignation and the other documents are signed by him is result of cheating by the managing committee, now the d.e.o is saying to join them, but the managing committee don’t want to join them, as they are not good teachers, as appointing authority can managing committee refuse them to join, because the resignation is accepted by the headmaster and managing committee and the resolution is passed by the managing committee for their resignation. Can we(manageing committee) , can take any criminal action against them for firstly giving resignation and signing on it and then giving a false affidavit before D.c and D.e.o that they had not given resignation, and for allegation against the managing committee

Tarun Kalra LL.M, M.B.A   11 August 2008 at 13:59

resignation of employee

Dear sir,

A employee, who is under probation period, had given his one month notice and resignation to the managing committee of the school, (it is typed and signed by the employee). Later on he had given a affidavit to D.C that he had not given his resignation and the resignation and other blank papers and signed by him is a result of cheating by the managing committee, and he had given a statement before the district education officer that the had not given any resignation and the resignation and the other documents are signed by him is result of cheating by the managing committee, now the d.e.o is saying to join them, but the managing committee don’t want to join them, as they are not good teachers, as appointing authority can managing committee refuse them to join, because the resignation is accepted by the headmaster and managing committee and the resolution is passed by the managing committee for their resignation. Can we(manageing committee) , can take any criminal action against them for firstly giving resignation and signing on it and then giving a false affidavit before D.c and D.e.o that they had not given resignation, and for allegation against the managing committee

Tarun Kalra LL.M, M.B.A   11 August 2008 at 13:59

resignation of employee

Dear sir,

A employee, who is under probation period, had given his one month notice and resignation to the managing committee of the school, (it is typed and signed by the employee). Later on he had given a affidavit to D.C that he had not given his resignation and the resignation and other blank papers and signed by him is a result of cheating by the managing committee, and he had given a statement before the district education officer that the had not given any resignation and the resignation and the other documents are signed by him is result of cheating by the managing committee, now the d.e.o is saying to join them, but the managing committee don’t want to join them, as they are not good teachers, as appointing authority can managing committee refuse them to join, because the resignation is accepted by the headmaster and managing committee and the resolution is passed by the managing committee for their resignation. Can we(manageing committee) , can take any criminal action against them for firstly giving resignation and signing on it and then giving a false affidavit before D.c and D.e.o that they had not given resignation, and for allegation against the managing committee