Anita Dores
12 November 2009 at 09:42
What is the Importance and scope of Summary Trials? I also need a Case Law Relating to Summary Trials. Need help!
Anonymous
12 November 2009 at 09:30
As per terms of appointment letter
"If at any future date after confirmation, on assessment of your performance, it is found that your continuance in employment is not beneficial to the company or you are found unfit or unsuitable for service in the company, your service can be terminated by giving you three months notice or payment of three months’ salary in lieu thereof. Similarly, you may also have the option of leaving the services of the company after confirmation by giving three months’ notice in writing to the company Or payment of three’s month salary in lieu thereof.”
In case resignation is accepted.And the individual serve till that time served mentioned in resignation letter but Co. is posing more time to releave. If the employee leave the company before getting releaving letter.As it may be intention of the HR to Harras the employee.
Questions
- Is any legal notice issued by any advocate on behalf of the company to the employee is having any legal santity.
-Can the company avoid/delay setllement of due of employee. Which includes-Extra TDS deducted but not paid to Deptt, Incentive,PF, Supper-annuation Balance etc.
-Is there any relief is available to employee.Even though he has tried his level best to resolve the issue amicable way.
Is there any Case laws suporting the stand taken by the employee.As appointment letter is clear there is neither the pre-condition nor any obligation cast by appointment letter to get releaving befor leaving the company other than to pay 3 month salry in lieu of notice. Person is heading responsible position in organisation and he has served one month after giving resignation which is more thn the period mentioned in resignation letter.
Please advise
sreenu
12 November 2009 at 09:14
is it necesssary to take a pan no for a private clinic if it is registered
punit
12 November 2009 at 06:23
An Indian lawyer can practice in Australia.
If he can then wht is the procedure .plz reply soon it is urgent.
Gundlapallis
12 November 2009 at 03:52
In a Domestic violence case:
A relief remained not asked for due to typographic ommission. I filed a petition for amendment of the complaint for inclusion of that relief in the complaint - but court returned the petition with note that since its a criminal court amendment of complaint cannot be granted.
I filed this petition u/s28(2) of the DVC Act. After my arguments the magistrate conceded to admit my petition if i can show him any precedent authority (any higher court)
Now the questions are:
1. For the typographic ommission should the petitioner loose her right for permanent maintenance?
2. Is there any citiation to help my case?
Thanks a lot in advance.
Rajkumar Makkad ji
Earlier when i posted this you answered yes i can seek amendment of complaint... can u plz help with a suitable citation? if there is any, I did not come across till now. i have 3 days more time to reappear before court on this issue.
Thank u.
Anand
12 November 2009 at 01:52
Sir,
We had taken a term loan of Rs.40 lacs from a multi state schedule bank in the year 1999 (april to be precise ). To be repaid in 42 months.
But the things went totaly the other way and the project remained incomplete due to shortage of fund. As the actual amount required was more than double the loan sanctioned.
The bank never disburssed the promised additional amount (verbal promises only ) and for about 4 years we hanged on to get some help from the bank.We then lost interest and ability to do anything further.
Now suddenly after all these years they last year june sent us a notice to remain present before an arbritator appointed by bank itself. we attend the dates but what
we want to know is , , ,
Is not our case time barred after so many years ? ? ? ?
We have never given any commitment in writing to the bank for repayment ? ?
Bank had sent 2 / 3 reminders by ordinary posts ? ? ?
Can some one from the Lawyers Club help me
and guide me ? ? ?
My friends tell that its time barred and no need to worry But I want to have a legal word for this and to know about Limitation Act for time barring recovery by bank.
Pl help me as i am in dark about the future development.
Anand
sandeep pandey
12 November 2009 at 01:18
Dear sir,
i have a personal loan running with DBS bank. i made payments of emi for the first year without fail but after that i failed due to loss of job and financial crisis. i have recieved a letter from an advocate of DBS bank ststing to pay the loan in 7 days or else they will take legal action .
kindly suggest and guide what are the consequences that i may face and what are the steps that i should take to secure myself .i intend to pay the loan but i am helpless as i have lost my job
kindly suggest ASAP as i am in great depression since i recieved the letter two days before. i stay in kolkata.
Anonymous
12 November 2009 at 00:49
sir,
in one case i have 5 witnesses, my counterpart advocate is stressing that i should have examination in chief of all the 5 witnesses and then he will cross examine them. but i want to examine one witness and ask my counterpart to have his cross examination for witness No. 1, then i'll examine second witness then he can have cross examination of second witness.
so i want to know that if he can have cross after i complete examining all the five
skg
12 November 2009 at 00:24
Dear legal experts
Please proide your useful advice on the following queries related to procedures
followed by a labour court:
From start and upto end What are the stages in a labour case before the award is declared
and nowdays what is the maximum time limit given in our law to finalize a labour case?
What procedure a workman is required to adopt when he get a less salary job after 2 years
of fighting his reinstatement case of illegal termination and the case is still in
progress in the labour court?
Should he withdraw his illegal termination case and file it for recovery of his full salary
and other benefits like retenchment compensation as per sec 25F upto the period he remain
unemployed or owing to his getting less salary he can still continuue the case of
reinstatement with full backwages and consequential benefits?
rgds
skg
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relationship of employee&employer
I have terminated one employee during pendency of charter of demand after completing inquiry &at the same time I have filled apprroval application in labour court .May i know wheather relation exit as aemplpyee & employer during pendency of approval application?
ASHVIN KHAMBHATA