LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   01 March 2025 at 15:11

Termination converted into clean exit.

Honorable All learned Advocates,

Thanks for all your earlier invaluable advice's.I am seeking one more advice from you on below described matter.

The brief facts:

1. Joined AT 24 July 2023 at Bangalore location with designation embedded engineer to an IT Company having 15000+ head count...
2. Got cross skilled project.
3. Worked in project till 30 Nov 2023.
4. Project manager extended probation period for 3 month without any information and discussion, even though it was clearly mentioned that same will be clearly informed to candidate.
5. Variable pay was only after successful completion of probation period.
6.After 9 moths i.e. on April 2024 when other manager called for appraisal discussion, no information candidate were having.
7. April 2024 manager checked with HR and then came to know about the Probation had been extended without any information and discussion.
8. In new project started from January 2024, several times late night and weekend working were there, when asked for only compensatory off , denied with lame excuses.
9. Relived from second project on 21 Nov 2024.
10. They didn't find any suitable opportunity till 25 Feb 2025.
11. On 25 Feb 2025 they scheduled the meeting with HR on 26 Feb 2025.
12. In 26 Feb 2025 HR meeting mobile was asked to give on reception.
13. Discussion major outcome was
i. No matching skill project available.
ii. Kindly put down papers.
iii. We will provide Rejoin option when if your skill project available, 2 month notice, medical insurance Extension upto 3 months, 15 Days salary and vacation paid, if you resign today else in termination.
iv. We will make Last Working Day on 26 Feb 2025.
v. I requested following:
A. Kindly set Last Working Day on 26.04.2025 as per two month notice - Policy don't allow.
B. Kindly allow me day or two to think and come back to me - Cant do.
C. Asked to put down during meeting but when asked , Please don't force me for the same..then given End Of Day of 26 Feb 2025 time.
14. But during the thought , I left office, and mailed to HR about recovering of Variable paid during year, which were replied by HR on 26 Feb 2025 at 19.40.
15. On 27 Feb 2025 at 23.10, I was not feeling well and informed HR about same and applied sick leave in the system.
16. On 27 Feb 2025, they sent the termination mail at 15.40, stating uninformed leaves and didn't resign on 26 Feb 2025.
17. On 27 Feb 2025 at 23.10 night resigned in system thinking to request to convert into clean exit and requested HR to convert it into clean exit stating future career aspects will be highly impacted.
18. On 28 Feb 2025, again requested HR to convert into clean exit.
19. On 28 Feb 2025 HR converted into clean exit.
20. 28 Feb 2025 finished all formalities i.e. surrendering the ID cards and laptop.

Kindly suggest on following:

1. What should I do here ?
2. Offer letter mentioned jurisdiction is at Hyderabad and I am staying at Bangalore and company working location were too at Bangalore.

Based on following violation

1. Offer letter state that information of probation extension will be provided and they didn't do, when I escalated the issue they confirmed the job after 9 months.
2. No compensatory off against weekend working even on request and denied with several lame reasons like result of work.

Can i not say, as the agreement has been already violated by you hence for me also the same condition is not applicable hence putting matter into Bangalore jurisdiction ?

By any remedy, I want to bring jurisdiction at Bangalore as to put up matter in Hyderabad while staying at Bangalore will be extremely challenging.

Please advice on above.

Regards.

Anonymous   01 March 2025 at 11:26

Possession

Respected legal experts, I have two queries:

1 Can you tell me how "Possession" is defined in indian law?
2 Criminal trespass is based on which of these-
ownership or possession of property?

Naren   28 February 2025 at 16:51

Compassionate grounds job rejection

My Mother worked as a government teacher in tamil nadu and she was died in 2016. I Applied for the compassionate grounds within three years limit. They accepted my application in 2019 and told that your name was in the seniority list. Now, They rejected my application stating that father's pension is exceeding the limit of 3 Lakhs as Per New G.O.

What Should I do Now?

Anonymous   28 February 2025 at 12:45

Forged ews certificate

There is need the name of two local referees( two persons from locality) and their Voter ID Xerox in the application form of EWS certificate. Suppose a person got the certificate by writing wrong information about his caste ( He belongs to OBC though does not have certificate and declare himself as General) then got govt job and after verification after 2 years his service terminated and he put into jail. My question is will these local referees face any legal consequences?? They are in Govt. Service, will there service also be terminated???

kishore kumar   27 February 2025 at 18:02

Notery record keeping duration

As per the Notary Act or rules in India, it is mandatory for a Notary to keep the records of notarized documents and registers etc. of the last how many years safe?
Thank you.

Bharat Sharma   27 February 2025 at 10:40

Housing society

Can a flat owner's spouse be a valid candidate for election of the office bearer in housing society?

Anonymous   27 February 2025 at 01:48

Fir under section 281 and 125(a) in car and scotty accident

I was making a U-turn in my car on the road when an electric scooter without a number plate suddenly braked and slipped. The rider, a 45-year-old man, and his 12-year-old son fell and came under my car. I immediately applied the brakes. The scooter was completely damaged, and the man suffered a leg fracture, while his son sustained minor scratches. However, the scooter did not collide with my car, and there was no damage or scratch on my vehicle.

I took them to AIIMS hospital in an emergency and informed their family. Two days after the accident, I submitted an application at the police station, but they did not provide a receipt. The injured man sought compensation through a third-party insurance claim. After 20 days, the police registered an FIR against me under Sections 281 and 125(a). I then went to the police station, obtained bail, and my car was seized. Later, I secured the release of my car through the court.

I later learned that the same person had a similar accident with a Bolero car a month before my incident, during which he also sustained leg fractures and other injuries. That time also he file FIR against bolero driver. However, in the FIR filed against me, he falsely claimed fractures in his legs and five broken ribs. It appears that he is trying to take advantage of the situation to obtain a disability certificate for benefits, such as a discount on a home loan, and to claim compensation through third-party insurance.

I am worried because I only helped him by taking him to the hospital and calling his family, but now my goodwill has turned against me. Since I am a government employee, frequent court hearings will be difficult for me to attend, especially if I get transferred. I have already spent ₹10,000 on legal expenses, and he is demanding an unethical amount of ₹4–5 lakh for settlement.

He is unwilling to compromise, and I am unsure about the legal consequences. Will I receive any punishment? Will my insurance company’s lawyer handle the case? Should I file a counter-FIR against him for demanding extra money? Please suggest the best course of action in this legal matter.

kishore punjabi   26 February 2025 at 20:02

Release deed

in family if property belongs to wife name 100 and if she is deceased in release deed if father leave his share to children is stampduty chargeable in release deed

gk   26 February 2025 at 15:03

Selling a flat in by the joint allottee

Respected Sir/Madam,
Pranam!

My cousin sister's husband Mr.Nath (employee, private co) purchased a flat through a housing loan company for 18 years repayment term. Loan sanctioned for 44 lakhs and the balance amt will be paid by Mr. Nath.

Sale agreement by the purchaser & Builder has been made and registered the same in 2022, MR. Nath and Mrs. Nath (housewife) are joint allottees of the property as per this registered sale agreement.

With reference to the sale agreement, housing loan co loan agreement has been prepared for the above 44 lakhs and sanctioned to both allottees Mr. Nath & Mrs. Nath. In other words, Mrs. Nath is a coborrower as per this agreement.

Approximately 26 lakhs rupees granted by loan co and the same has been paid to the builder. In September 2024, unfortunately Mr. Nath is died and afterwards they have not paid any dues to the builder. Since Mrs. Nath is a housewife, Housing co is not interested to continue the loan. And Mrs. Nath also not in a position to take this big EMI burden in future. Builder will be started the formalities of handing over the possession by next week or in the month March 25.

So Mrs.Nath decided to close the housing loan by repaying the amount sanctioned with interest terms set by them. It is around 30 lakhs. Housing loan Co is informed us that they do not have any problem to close the loan since Mrs. Nath is a joint allottee and coborrower. Since the first allottee is died, they can be process the closing protocols to be closed by the joint allottee.
Once the repayment of 30 lakhs been paid to the housing loan co, they will close the loan and return back the original sale agreement of the flat (which is kept by the Housing loan co as per their protocols)

After getting the above original sale agreement, the next part is to pay the balance due to the builder which is approximately 14 lakhs. Builder is informed us, if Mrs. Nath can pay this 14 lakhs, they will give the possession to Mrs. Nath and the flat also can be registered in her name - they mean, in the name of Mrs. Nath.

We have got the legal heirship certificate of Mr. Nath in which,
1) Mrs. Nath wife 38 yrs,
2) Master Nath, son of Mr.Nath 5 yrs and
3) Mrs. Amma, mother of Mr.Nath 70 yrs
are the legal heirs.

Now the query is:

After getting the possession and registered the flat in her name - whether Mrs Nath will encounter any issues to sell the flat to anyone as per her wishes, in future? I mean, any obstacles may face on legal points of view. Especially with reference to the legal heirship certificate mentioned above.

Please advise me.
Regards
GK

Anonymous   26 February 2025 at 08:36

Evidence act

(1) certified copy of deposition recorded by sub Divisional Magistrate under section 145 cr p c is not admissible in civil suit .

(2) certified copy of marked exhibited document in 145 Code of Criminal Procedure is not admissible in civil suit