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Anonymous   02 July 2019 at 16:52

6 months notice period - Legal or not legal in india

I am working in an organization whose manpower capacity is less than 100. As major projects are on-site they have this clause mentioned in their HR policy that if the employee is on-site he needs to serve notice period of 6 months. However in offer letter it states 90 days notice period and also a statement stating go through the HR policy. Can we challenge the offer letter and contradicted HR policy clause for notice period in labour court.

yogesh kumar dass   02 July 2019 at 12:35

Amount paid to relinquisher can be treated as coi?

Hello,

Kindly advice whether the amount paid BY persons to whom favour right have been relinquished (conveyance deed registered persons) TO persons who relinquished their right (other Family member) on sale of immovable property (ancestral Property), can be treated as Cost of Improvement in capital gain taxation?

Please advice!

Thank you.


pushpakrishna   02 July 2019 at 11:47

Sucession certificate regarding

Dear experts
May request your kind attention for a few seconds please.
Can a junior civil judge court is competent to accept a petition for a succession certificate value less than rs.200000.
The succession certificate for want of shares transmission of from a company.
THANQ.

Rizwan Pathan   02 July 2019 at 11:16

Does ESIC absolve liability of WC

Hi Experts,

My plant is not falling under ESIC and WC is applicable to us.

Since we are green field, they are so many labour contractors, now I am facing issue in applicability of ESIC as many contractor have their offices in ESIC area and they are regularly paying contribution to employees working for them.

My question is that if my premises is not falling under ESIC can I ask contractors to bring wc or esic absolve the mobility of wc.

Appreciate your help.
Regards,
Rizwan

Stephen   02 July 2019 at 10:52

Intermediary orders and opinion of judges continuity

Dear Respected Sirs / Madam,
I have filed OS5854/2016 for money recovery and cancellation of sale deed against 6 defendants of the entire family members. The case had progressed well with both sides cross examined (while at cross examination, defendant acknowledged OS598/2010 of the entire survey was in favor of the then plaintiff favouring declaration order,decree and judgement)
Post that the current case 5854 was posted for argument stage and unfortunately the as per court routine, the judge got transferred and since the new judge taken over, the defendant wants to take advantage of the situation and approaching court to revert the case to back to evidence stage. While in the affidavit the evidence names mentioned has no connection. In this scenario kindly help me with your advice / input on the following.
a) Will the new judge acknowledge our objection and not allow case to back to evidence stage and post for argument phase
b) Would the previous judge (prior to transfer) would have left any hand-over notes about the case along all the observation and interim oders for current judge to administer right and timely justice and judgement
c) Importantly the 1st defendant has been claimed as expired/dead by other defendants and that to my awareness they have not submitted death certificate?. Should this not be mandatory for judge to insist that a certificate be produced to court ?. Also should we not raise objections before Judge
I seek help from the esteemed panel as my advocate is not providing being helpful and very passive to my clarifications
Thanks & Regards
Stephen

R Maheshwari   02 July 2019 at 10:18

Bengal Memorandum of previous oral Family Settlement STAMP

Oral Family Settlement 1998 between A B C D, where BCD disinherited and another relative and future grandchildren of A named beneficiaries. Memorandum of that oral Settlement made in 1999. After that A dies.

Now one grandchild is major and as per Settlement, few steps need to be taken to put everything in trust and all beneficiaries to be member of trust. Memorandum was not registered, so have to get confirmation deed for same current date.

Properties of family were in ASSAM Kolkata Rajasthan, and Settlement was don in kolkata where all parties resided and all beneficiaries also reside.

Can confirmation deed be made and registered in Kolkata as all parties in Kolkata. Just one party can make confirmation deed? What is REGISTRATION and stamp cost applicable for Confirmation Deed in Kolkata?

Please throw light.

Ganesh   01 July 2019 at 22:57

Child custody

Few days back my brother wife commited suicide because of cancer after 18 years of marriage . After this my brother father in law lodge the complaint against my parent and brother . My bro has 3 kids one girl 15 year old and 2 boys 12 and 7 year old . Minor kids have 18 acre property on their name and bro father in law's family keeping property in mind took children to their home . Now they are not ready to leave them though we requested them . We file the custody case. Kids also have 20 lakh on their name . These people are having property interest . And children also not ready to come here now . What should we do . Thank you in advance

Ganesh   01 July 2019 at 22:49

Property issues

We r joint family of mother , father ,and my brother ,sister , and me . Both bro and sis r married . By brother are married 18 years back . By brother wife because of cancer commited suicide . Now my father in law took his 3 child to Thier place . And also file the case against my brother and father . My brother minor child has 15 acre land on their name (15 yr old ,12 yr old ,7 yr old) .Because of property in mind they are not sending children to our home . And they are now trying to get hold of all that property what is remedy for this now .

Anand   01 July 2019 at 19:06

Trust name approval & society acquisation

Hi,
1. Recently some 4 months back, I registered NGO(abcd foundation) under society act. Now i want to register trust(NGO), is it possible to keep same name(abcd foundation) for the trust also?2. Can i merge or acquire the society(NGO) in Trust(that trust can handle the society)?
2. Can i merge or acquire the society(NGO) in Trust(that trust can handle the society)?

Ranjit   01 July 2019 at 17:04

Co-op hsg society

Can The Committee stop garbage collection of a member if he/she has defaulted and not paid society dues for over 3 months.