Writ petition - jurisdiction & 420 ipc
Manoj Agarwal
(Querist) 07 August 2013
This query is : Resolved
Dear Experts,
I had entered into an Agency Agreement with a company in 2007. The company has been deducting a certain percentage from my remuneration, claiming to be a certain tax. But, now i have come to know that the said tax was the liability of the company itself and the agreement didn't provide for the deduction of the same. The agreement is 'Subject to Mumbai Jurisdiction'. My query is:-
1) Can I file a Writ Petition/PIL against the company as a large no. of class of persons are affected by this unfair practice?
2) If yes, whether the petition is to be filed before Hon'ble High Court of Mumbai or at the jurisdictional High Court at my place of residence and work.
3) Can I also file a criminal case against the directors/officers of the company for cheating?
4) If yes, How?
5) Can i claim refund of tax illegally collected during 6 years or due to limitations, only for 3 years? (Note: company is still deducting the same tax)
6) How can i stop the company for doing illegal recovery of tax? Any other legal action/option against the company?
Devajyoti Barman
(Expert) 07 August 2013
1. If it is Private Company, then no Writ lies.
2. Do
3.Yes
4.By petition u/s 300 crpc or under 156(3) crpc.
5.yes
6. By order of court. You can lodge complaint with IT Authority as well.
Manoj Agarwal
(Querist) 07 August 2013
Dear Devajyoti Barman Ji,
Thanks a lot for your valuable time and Advice..
The company is an public limited company having branches/offices spread across India. Is is possible to file a writ/PIL by making Ministry or its Regulator as one of the party.
At Ans 6, you mentioned that i can stop the company by order of the court. How to file petition for getting that order?
V R SHROFF
(Expert) 07 August 2013
"How to file petition for ..."
Must have Local Advocate to do it.
Raj Kumar Makkad
(Expert) 07 August 2013
A writ cannot be filed against a private body so file a criminal case either before concerned police station or before the criminal court of the area within jurisdiction of which the crime has taken place.
R.K Nanda
(Expert) 07 August 2013
agree with expert Barman.
