g isaac
24 October 2018 at 00:47
The non scheduled private bank terminated its employee as a result of disciplinary action.He made an appeal to the Managing director/ Governing body and it was also dismissed.What is the next course of action? Whether Writ Petition can be filed ?
Harekrishna Sahu
23 October 2018 at 23:35
Sir
I had executed a bond with BSNL to work 5 years after completion of training otherwise I have to pay Rs 200000 with 18% interest p.a.,before training I had appeared an interview in another psu same was informed to BSNL through letter, during the training period I got selected in that PSU .So I left my training not completed it and submitted my resignation in BSNL. Later BSNL demand Rs.242000 as bond amount as per point no 5 & 6 of bond agreement including interest so I had to pay it because I need relieving letter to joining other organisation.For 1 month training I have not received any stipends and staying my own expenses. What should I do now without any benefits I had to pay huge amount.What happened to me is it right sir? Should I file case against BSNL? please guide me.
BOND AGREEMENT
This agreement is made at ………………………………this………………………day of…………………………betweenShri/Smt/Kum…………………………………………………………son/daughter/wife of Shri/Smt/Kum………………………………… resident of …………………………………………… …………………………………………………………………… ….…………………………………………………(hereinafter called the Trainee which expression shall unless excluded or repugnant to this context be deemed to include its successors/ assignees, executors, legal heirs, administrators) of the FIRST PART and Shri/Smt/Kum………………………………………………………………………son/daughter/wife of Shri………………………………………………………………… resident of ……………………………………………………….. …………………………………………… …………………………………… (herein after called the Surety which expression shall unless excluded or repugnant to this context be deemed to include its successors/assignees, executors, legal heirs, administrators) of the SECOND PART and BHARAT SANCHAR NIGAM LIMITED a Company incorporated under the Companies Act , 1956 having its Registered Office at BHARAT SANCHAR BHAWAN, Harish Chandra Mathur Lane, Janpath, New Delhi-110001 (hereinafter called BSNL which expression shall unless excluded or repugnant to this context be deemed to include its successors/ assignees, executors, legal heirs, administrators) of the THIRD PART acting through Chief General Manager, Telecommunications, Gujarat Circle, Ahmedabad is authorized official. WHEREAS the trainee has been selected by the BSNL for training in the Cadre of Junior Account Officer at BSNL Training Centre for a period of 10 (Ten) weeks/years and the trainee has agreed to undergo the same on the terms and conditions contained hereinafter. AND WHEREAS the BSNL shall spend a substantial amount for the training of the trainee and shall pay a monthly stipend at the rate applicable from time to time during the pre – appointment training period at specified location (s) as may be decided by the CGMT. AND WHERES the sum of Rs.5000/- (Rupees Five Thousand only) has been deposited by the trainee Shri/Smt/Kum………………………………………………………….in favour of Accounts Officer (Cash), BSNL, O/o CGMT, Gujarat Circle, Ahmedabad vide Demand Draft No………………………..dated ………………….. as interest free security for due fulfillment of conditions of this agreement.
Now these presents witness and it is hereby mutually agreed and declared by and between parties hereto as follows:
1. BSNL shall provide training, the nature and duration of which shall be determined by the Chief General Manager NATFM Hyderabad (herein-after referred to as the CGM NATFM) whose decision in this behalf shall be final and binding. Provided that the CGM NATFM may at any stage without assigning any reason discontinue his training, if in his opinion (which shall be final and binding), the trainee appears to be unlikely to be an efficient Junior Account Officer.
2. The said trainee shall: (A) Undergo the course of training at any BSNL training Center, selected from time to time by the CGM NATFM. (B) Undergo such training at the said places with due diligence and comply with the instructions of all authorized officers in regard to training and discipline at the said places.
3. THAT the trainee has agreed with the company that after completion of the training, he/she shall serve BSNL in such department or departments at such place or places in India in such capacity in connection with BSNL`s business as BSNL may require from time to time, for at least 5 years after completion of aforesaid training, on terms and conditions contained hereinafter and in accordance with the Rules and Regulations of BSNL as applicable from time to time to such trainees.
4. THAT the BSNL has called upon the trainee to furnish a Bond to the extent of Rs.2,00,000/-(Rupees Two Lac only) for indemnifying the Company against all loses or damages which the BSNL may suffer by reason of the breach of the terms of this agreement by the trainee.
5. THAT the Surety, at the request of the trainee, has agreed to give a Bond for said sum of Rs.2,00,000/-(Rupees Two Lac only) in the manner hereinafter appearing.
6. THAT the Trainee and Surety have agreed that in the circumstances if the trainee commits breach of any conditions of this Agreement or, in case the training of the said trainee is discontinued under the provisions to clause(1) above and the CGMT is satisfied that the failure of the trainee to reach the necessary standard is due to his/her work (the decision of the CGMT in this behalf being final), or in case of continued adverse reports regarding his/her conduct or his/her political activities directed against the Government of his/her Country /BSNL, or if the trainee voluntarily quits for reasons not beyond his/her control any time during the course of training, or on completion thereof does not serve the BSNL for a period up to five years or during such period of service does not carry out his/her duties with diligence. BSNL shall have full powers to forfeit the amount of security deposit without any notice to the trainee and surety. Trainee & Surety have further agreed that they are jointly or severally shall pay forthwith to the BSNL on demand an amount of Rs. 2,00,000/- (Rupees Two Lac only) as Bond amount along with the interest @18% p.a., which BSNL may suffer by reason of the Breach of the conditions of the Agreement and upon the trainee and/or the surety making such payment, the above written bond shall be void and of no effect, otherwise it will remain in full force and virtue.
7. THAT Liability of the surety hereunder shall not in any manner be affected by any time granted to the trainee or any other indulgence which may be shown to him/her in respect of the recovery of the said money(s) by BSNL or shall it be necessary for the BSNL to sue the trainee before suing the surety for the amount due hereunder. 8. THAT during the continuance of this agreement the trainee shall not, without the previous consent of BSNL, enter the services of, nor be employed in any capacity, whether advisory, executive or otherwise or for any part of his time by any person, company undertaking or concern other than BSNL. Similarly, the trainee shall also not undertake /commence any business or trade etc., of any kind without prior permission of BSNL. 9. THAT during the period of this Agreement, the trainee shall confirm strictly to all Rules, regulations , instructions, bye-laws , etc., of BSNL and work diligently and faithfully and obey all lawful commands of his seniors. 10. The trainee shall devote his whole time and attention to the business of BSNL as above mentioned and shall not participate, be engaged or be interested or concerned, directly or indirectly, in any other business or occupation of any kind or nature whatsoever. 11. The trainee shall at all times conduct himself/herself in a manner befitting his/her position and the prestige of BSNL and show civility to and strictly obey and carry out all lawful orders and instructions of all persons placed by BSNL in authority over him and shall in all things use his best endeavor to promote the interest of BSNL in its business and will not utilize or divulge to any person, any of BSNL`s or his/her connections, trade, secrets or affairs. He/She shall also observe and conform to all the Rules and Regulations and arrangements of BSNL for time being in force and amended from time to time for the control of BSNL staff. 12. In witness whereof, the trainee and the surety have here unto set their respective hands and BSNL has here unto caused their signatures on his/her behalf to set his/her hand this the …………………….day of ……………………………… …… ……………………..
jains
23 October 2018 at 23:33
I granted a loan to a my friend on assurance that he will pay profit share. He is conducting a partnership firm with his wife and issued post dated cheques from the current account maintained in the firms name to clear his debts towards me. Is it legal to grand loan to firm by private party like me.?. Is there any bar in demanding profit share as offered by the managing partner?.
Member (Account Deleted)
23 October 2018 at 23:32
I was making list of rare judgement were written statement in civil suit were not allowed to be taken on record by Hon. Supreme Court.
So I could detect only two
Mohammed Yusuf vs. Faij Mohammad and Ors. (02.12.2008 - SC)
Atcom Technologies Limited vs. Y.A. Chunawala and Co. and Ors. (07.05.2018 - SC)
Can anyone tell any other judgement please
Anonymous
23 October 2018 at 23:27
I have taken a vehicle loan from a small finance bank in Nasik. I was paying my regular EMI on every 5th of the month. Due to my clear repayment record, bank offer to renew my vehicle insurance through them. They offered me 0% interest on insurance premium which has to pay in 6 EMI. Bank took 6 PDC against the insurance premium amount. When due to date of the insurance premium came bank didn't deposited the cheque and they deposited the cheque after 20 to 25 days it's due date.
After that their recovery team started calling me and asking me to pay the EMI, which was already cleared from account. They continued to call me for next 6 months threatening to pay the EMI which was not due. They spoiled my CIBIL. I came to know this when personal loan was rejected by another financial institution. I came into financial crises due to my loan rejection. Now I have stopped paying further EMI and asked bank to pay me compensation for harassment and CIBIL spoil. Please advice me the further step.
Yadnesh
23 October 2018 at 23:09
Summary suit mentenable on patsanstha withdrawal slip?.....no writen agreement between parties ...only withdrawal slip of patsanstha issued..which bounced...138 ni act case quashed on ground as not negotiable instrument...so please guide summary suit can be filed?
tulsi
23 October 2018 at 22:24
Dear sir.i had given handloan of rs 2 lakh to my friend by rtgs.. without any intrest ..
Now when I demanded he started quarrel and delaying payment .. due to exchange of heavily words in between is he complained in police that I am harassing him.he write in application that he had taken money from me rs.2 lakh but I am barraging him. I just bounced his cheque and told him to payback ..
Now my query is that can police hatash me .. .
Van it be benefited me to prove in court that I had given him payment and it's pending with Him as he write In application in police
mini
23 October 2018 at 21:38
Hi,
Wanted to check,is it mandatory to have manual register to track attendance which has a unit size of 300+ employees in SEZ location for a shops & eatablishment,Although,we have swipe cards but that doesn't link with payroll.
So is it mandatory to maintain register,if yes,what do the clause mention...thanks
jayakumar.j
23 October 2018 at 21:08
The Non-scheduled private bank suspended an employee for dereliction in duty on 30-06-2016. Initiated disciplinary action and terminated his services after two years on 31-07-2018. Appeal to the management /Governing body was also dismissed. Is he entitled for subsistence allowance ? Whether writ petition could be filed? If not What is the next course of appeal ?
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498a & 406 (written arguments)
Sir,
In 498A & 406 case oral arguments was done, after oral arguments both counsels requested for written arguments which was allowed by Court, Now the prosecution is saying that they will submit the written arguments one or two days after the defense will submit their written arguments and after providing a copy of defense arguments to prosecution.
Can any one please guide me what is law on it. Is persecution correct.. Any Law / Judgement plz.