LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shareer   07 March 2018 at 10:24

Name correction

Hi,

In all my educational documents my name is written as 'SHAREER IKM' but in my Passport & Other IDs it says 'SHAREER ITHIKKATT MOHAMED'. The second one is correct one and how do I correct it on all my educational certificates. Kindly Help.

Anonymous   07 March 2018 at 10:10

Case of section 9

My brother in law file section 9 against my sister and my family. He and his family torture my sistet physically and mentally, and did not provide her proper food due to she gave born a girl child. She treated in govt hospital 4 days and transfusion 2 unit blood in oct 17 end. After that she is was in my house for 2 months for recovery. After she return her husband house, they planned and give some ornament and took a written i am willingly taken. After that they bit her and wipe out from their home. We did not complain or case for save family of my sister. Please guide what to do.

Anonymous   07 March 2018 at 09:55

Employer cancelling past years utilised leaves

I work in Public Sector Bank, in Retail/Branch banking.
I had taken my Casual leave and Earned leaves in previous years when i was outstation. And there were Extraordinary Leaves when i was not well. On two occassions my absence extended the leaves available to me as i was unwell to travel back and join. I was okay with remaining absence as unpaid as i didnt had that many leaves.
Now when i am resigning to join other organisation.
The HR comes in and says, you cant combine xvz leaves with abc leaves etc etc and told me lot of confusing rules. Also said your utilised leaves will be undone and expired as they were of previous year.
Basically they want to penalise me and make me pay money.

In the rules for leaves, initially i wasnt aware of them in detail as i was new and never got time to go through them... Public Sector Bank.
Recently i went through the rules which says that if there is any absence not entered in system they will be marked as unpaid leave after 15 days. This they never did in 1.5 years. Had they done it i would have known about this issue.
Also leaves marked in the system, which the system accepted, now they say those will be cancelled.
Though i wasnt aware these detailed rules, also my supervisor approved my casual leaves and earned leaves even he didnt told me all this as even he i guess dnt know.
But even the HR didnt worked on my absences in time which was 15 days. Had they did that i would have corrected it and used my leaves.
Now they say my leaves will be wasted and i would have to pay money for all those leaves apart from unpaid leaves and also holidays.

I am confused. Do i have any recourse in Labour Laws.

Manjul Sijwali   07 March 2018 at 03:11

Fore father property

This property purchased by our grandfather. After his demise it distributed among four son. My father also had one share. He sold 2/3 property and purchased a land. After his demise in 2010, our mother also became one of the successors with us. She made a registered will to one son, other two has left. Other case of rest 1/3 property. She opt the similar strategy on this property too. Now she expired in 2015, and the benefited son made the possession of her property in accordance of will and plan for disposal. How can we made restrictions? Is there any legitimate solution? Can we challenge the will? Officially we haven't received the copy of the will

Anonymous   07 March 2018 at 00:51

How to retrieve deleted sms from prepaid sim

Pls tell me
1. How to submit sms to the Court, I am P-I-P
2. How to retrieve sms from prepaid phone deleted 2 years back. It's a basic phone.

Anonymous   07 March 2018 at 00:44

When can Transfer Petition be filed

1. Can the wife file TP in HC upon receiving court summons from husband for divorce? 2. Can she file TP before filing Written Statement?
Threat to life so no DV/498A filed as husb house is far in another district

Anonymous   06 March 2018 at 23:59

Pls calculate maintenance

1. If a woman is educated practising Dr but does not have sufficient income (below 50,000 pa)
2.Unable to work full time due to back problem and other problem
3. Husband earns around 1 cr per year.

Pl calculate how much interim maintenance she can get by filing 125 crpc

Malini Kunda   06 March 2018 at 22:24

Adoption

Sir I have a twelve year old son from first marriage. I have no contact with the father. Two years back I got married again. My husband has a child from first marriage presently in the custody of mother. My husband would like to adopt my son. Please advice process

Docok   06 March 2018 at 22:10

Ni act

respected lawyers

recently my close acquaintance an elderly woman of 67 years involved in a ni case, the woman is the accused, she has taken loan from one person for 1 lakh by issuing blank promissory note and one blank cheque, after repaying the loan the friend did not return the cheque and promissory note and filed in court through his friend for 5 lakhs promissory note and 3 lakhs cheque amount. the accused did not attend the court summons for NI act and NWB is issued, one day the accused was suddenly arrested and taken to court, the police who took bribe and the other lawyer threatened her outside that if the lawyer does not sign no objection certificate she will go to jail and threatened her to tell in court she will pay amount, she admit in court that she will pay amount and next day did not attend court, again NWB is issued, the accused approached the high court to dispense the condition of 3 lakhs requirement to pay to respondent to avail the bail, the high court directed her to surrender in the lower court and take bail and ordered the court when she surrenders use normal conditions to give bail

the case has been tried, the accused through her lawyer rebutted the claim of sec 139 and the complainanat in his cross examination admitted that he is an income tax assessee and that he will fill the income tax returns of that year as he has shown the statement of loan in that but he filed the income tax returns

the accused lawyer contend with the court that the income tax assessee did not file the income tax returns as such the money would be undisclosed amount and cannot be a legally enforceable debt

the accussed lawyer also contend that even if debt exists and cheque was issued and dishonoured when the money is unaccounted it cannot be legally enforceable

the accused lawyer also contend that as per Section 269SS of IT act the amount of 5 lakhs is given in cash form and not in a cheque or dd form hence the transaction is illegal in view of law

but no matter how much the accussed lawyer contended with the court on the legality of the money the court has finally given judgement that the money legal or illegal does not matter that the accused admitted in court that day for one day that she will pay the amount and that it is binding on her and gave judgement

but the lawyer is stating that as per SC judgements and other high court judgements even if the debt exists and cheque is bounced for undisclosed amount the income tax is enough to label the money as illegal and cannot be legally recovered

he quoted mainly http://hc.tap.nic.in/hcorders/2015/crla/crla_394_2015.pdf
https://indiankanoon.org/doc/185077995/
https://indiankanoon.org/doc/164448233/

but judge is insiting on the only point that the accused enlarged on bail and now has to pay the money

the accused only told in court to enlarge on bail and she felt threatened by dire consequences by the opposition lawyer is there no relief for the accused to prosecute the complainant and win the ni appeal case sidelining the admission in court

Vineet   06 March 2018 at 20:46

NBW related

If borrower did not get any notice or summon from court, can NBW issue in credit card default?