Kiran Kumar's Expert Profile

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Member (Account Deleted) says : for help
sir i am having a query ans i just sent it on the net in this site please refer the matter and tell me in reply please. this is regarding the form no 22 fictitious of a tractor.

Legal Manager says : request your legal & personal advise please
Dear Sir, I would like to have your personal advise in below scenario. We have 6 small various companies in at one campus and same location with different name deploying less than 50 manpower on daily basis since more than one year. We have two union at work place. We have made settlement with majority of Union.The other union have not accepted the said settlement hence they have given separate charter of demand and later this dispute referred to labor court for adjudication. Meanwhile they have resorted to illegal strike in April 2007 and till date they are abstaining from the work. By the way we have submitted an application to Labour court to declare this act as illegal strike and case is now on leading evidence from our end. In such situation can we close our sister concern ? Do we need to seek permission from Labour court where dispute of illegal strike is pending. What is the procedure for applying closure of establishment? What reason we can lead to justify the closure? What can we do with the employees who are with majority of union and are working in this sister concerns? Would appreciate your help and reply. Thanking you, Regards, Rita

SANDEEP GUPTA says : DIVORCE
Dear sir, My wife has filed a divorce case u/s 13 on 06th Jan 2010 just after 1 1/2 years of marraige in which I had given my consent to take divorce as there is no chances to re-unite from her side based on negative assumption fed in her & her parents mind. After that, she had filed a case u/s 24 seeking interim maintenance during proceedings for which I had replied. Now she wants to finish the case without discussion on sec. 24 under two options enlisted here :- 1) She wants to make a mutual agreement on Rs. 100 stamp paper that we will not claim any thing to each other in near future and thereafter let the case to be decided on one sided ex-parte (probably myself will be absents from case) 2) She is not ready to go for mutual divorce petition as Hon'ble Judge has said to file new petition u/s 13(b). Now, my query is that "which option will be best & will take more time for divorce - Ex-parte or Mutual petition u/s 13(b)" Rgds Sandeep Gupta 9039997447

A_man Fighting for Justice says : Supreme Court's direction on bail in dowry death
Brief Background: My elder brother’s wife committed suicide at her parental house where she had been staying away from my brother for the past 3.5 years. My brother had filled section 9 of the Hindu Marriage Act to bring her back which he later withdrew and filled for a divorce which was still pending. A false case of dowry death (304B & 498A) was filled against the entire family including mother-in-law, brother-in-law (myself), and sister-law (my wife). Fortunately, all of us were staying in different cities and were neither in touch nor have even seen the deceased for the past 5 years. My mother and I had already got legally separated from my elder brother several years back. We had severed all our ties with him & his wife and have also got it published through a notice in the newspapers. Current Status: My brother (husband of the deceased) surrendered and got bail from the high court after his bail from the lower court was rejected. Meanwhile, we (other family members) tried to get an arrest stay/anticipatory bail from the high court which was rejected. Consequently, we challenged the said order in the Supreme Court which has given the following judgment “The SLP is disposed off. However, it is clarified that if the petitioners apply for a regular bail it should be heard without any delay preferably the same day” Considering the merits of the case and the fact that the main accused is already bailed out, I hope getting bail would not be difficult. However, our objective is to not let women members go to the jail and this is where I need expert opinion from this forum. In light of the above order, I believe if we surrender, the session court/lower court would have to hear our petition the same day but there could still be two obvious scenarios wherein we might be sent in judicial custody: (a) if the lawyer from the opposite side in order to delay the bail process seeks time to file the counter (very likely) and (b) if the bail is granted but the amount of bail bond is so high that it requires verification (very likely). It seems the only cure to this is an ‘Interim Bail’. My Query: Does the above direction from the Supreme Court suffice to get an interim bail if the above two scenarios occur?

mansi says : Thanks!
Really appreciate your quick response Thanks os much

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