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sonali saund

Posted 1 day ago

Hi Sir/Madam, I am citizen of India & my fiance is a British citizenship I just wanted to ask, is registration of marriage required after the religious marriage in gurudwara?
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A. Registration of a marriage is compulsory and it is also safe to do the same as it will then act as a documentary evidence of your marriage which as and when required can be produced as a proof of your valid marriage which has been solemnized according to proper rites and customs and has also been registered. To be on the safe side it is advised that you register the same. Thanks Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
my friend met with an accident recently as he was travelling in a car on a 4 laned highway at about 8pm. two guys on a motorcycle came in wrong route on curved road which resulted in the accident. the driver of the motorcycle died whereas the pillon rider suffered a fracture. It is obviously the fault of the biker but the chargesheet has not yet been made. How can my friend settle this case? please help.
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A. Sir, If your friend was not on the wrong lane then there is nothing to worry about. The person who were driving on the wrong lane were totally on fault and it was an accident. If in case a charge sheet would be filed then too it will be against them. However given the circumstances it does not look that there will be a charge sheet filed. The case [if any] will be taken care of itself. There is no need to settle the matter because you are not at fault. The prima facie evidence would show the motorcycle riders to be the wrong doers. Thanks Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Sir I had been using a post paid mobile sim of Vodafone from 6-7 years. In Nov /Dec thay send me a mobile bill in which thay charged 1400 approx for sms . i had complaint for wrong bill but next month again they shown SMS charges that was not used /sent by me. Total bill was 2600approx. I have compaint / issue with my mobile service provider Vodafone regarding mobile bill in which they charged for SMS that was not used by me. Shown SMS sending frequently on two no (every 20/25 min.) That is unknown to me neither SMS sending record in my phone memory nor these no in my phone book. I had complaint to resolve the issues by mail. Some time they told to change the sim some time given assurance to resolve by involving to their seniors. But no correction made in bill. Now they demanding unfair bill amount and forcefully telling that in our system showing ur SMS usage so u have to pay the bill either u used or not. Now they send me mail by their legal person for consilation . Sir i don't want pay charges for that not been used by me. I want to do police complaint also. Please suggest me. Dushyant sharma.
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A. Sir you can file a complaint and also move the consumer forum for the same and seek redressal. Moreover, if vodafone has asked for conciliation then in my opinion you should go for that. A conciliation is just like mediation which is a flexible out of court settlement. if you have proof and all documents which show that you have not sent any such msgs then in all likelihood such conciliation will either end in your favor or will fail. If in case the conciliation fails then you shall have another proof when you file the consumer forum case which shall have the failure of conciliation as well. Thanks Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
We are Landlord EP ordered but Tenant got stay (CRP)from Madras High court, during the time Tenant got expired & case Listing was postponed, legal heirs are staying in house. What landlord should do ? What is next procedure to complete the case ?
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A. Sir there are a few unanswered questions here. 1. Is the tenant paying the rent. 2. What were the grounds for eviction. 3. Is the tenant paying the rent to the rent controller or to the court. 4. Is the tenant complying with the directions of the court. However with your query this is what I can offer 1. If the tenant deposits the rent in the court then you shall get a notice before being allowed, however it is always advised to recheck in the court. 2. You can file an execution petition in the court. 3. Besides the execution petition you can also move the high court by way of an application praying for uplifting the stay of the tenants on the grounds of not complying with the directions of the High Court or on the grounds of non payment of rent etc. 4. You can also move a contempt of court petition for willful disobedience of court orders. However, the above advice is based upon satisfaction of the questions asked above which have not been mentioned. Thanks Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
HI Sir, I recently resigned from a company as i got an offer from another one where i was suppose to join on 11 March. On my first day in the new company i was told that my education document are yet to be verified and hence my joining will be deferred by 1 week. They kept saying this for few weeks and after some time told me that one of my previous employer has given a negative feedback and hence they cannot hire me. i have a clean exit from all my employers and this new company is not ready to give it to me in writing. As per their offer letter the background check was to happen in 3 weeks and they took 3 months for that, had i been informed earlier i would still have my old job. Today i am jobless, they are not giving me anything in writing and when i asked for compensation because of the delay from their end they have sent me with a cease and decisit notice. Please advise.
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A. Things you should do before initiating anything. 1. Check the terms and conditions of the offer letter. 2. Check the terms and conditions of the termination. 3. Get all documents reviewed by a good lawyer. 4. Look into the cease and decisit notice as to what is written there. If everything is in your favor and you have the offer letter and joining letter which asks you to join the company from a particular date then it is in all probabilities implied that all the background verification has been done and there is nothing left to be verified. All criminal checks have been done away with and it is only then that the company has asked you to join them. On the other hand they should give you your termination in writing with proper cause which they have not. You can definitely do the following things. 1. Send the company a legal notice asking them to give back your job and if not that then give you a written termination listing the cause of such termination. 2. If n case they fail to comply then you can file a suit for specific relief under the specific relief act, 1963. Thanks Shreyash Mohta.
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Shreyash Mohta Exp: 1 Year(s) Kolkata
In My marriage certificate, there are spelling errors in wife's name and my name also. Can we correct this in marriage certificate, and if yes, then what is the process?
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A. Yes you can. 1. Get a notarized affidavit declaring that you got married and you intend to change your name after marriage. 2. Get the demand draft of required worth in favor of the required department in your state for the charges related to name change. 3. Write an application to Gazette department requesting name change and also to publish the same in the next issue of the Gazette. 4. Attach the copy of the marriage certificate and address proof. 5. Send the documents to department by registered post. 6. You will receive a Gazette notification to your address by registered post within 15 to 20 working days, which can be used as proof of your name change. Thanks Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata

Anonymous

Posted 3 days ago

Hi. This may be a little complicated. I was born in Karnataka but I am domicile resident Please go through the below details and let me know how do I go ahead with it. Issue: name change Birth place: Gadag, Karnataka (1988) Name on birth certificate: Fathima Father name: Rehman Shaikh Name on SSC leaving certificate: Fathima Rehman (studied in Goa) Name on Aadhar and voter card: Fathima Rehman Shaikh (both from Goa) Now after marriage my in laws changed my name(unofficially) to Sana Khan I want to change my name on all my documents to Sana Khan.. please advise..
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A. All you need to do is go to a local lawyer and ask him to draft a name change petition/declaration petition with affidavit which would state the following. 1. Why do you want such name change. 2. that both the persons are the same. 3. The affidavit should contain the truth. Thereafter the magistrate of the 1st class shall verify the details and upon satisfaction pass necessary order/orders as he deems and proper. Thanks Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata

Anonymous

Posted 4 days ago

Hello, My employer is not paying me my salary for march. they are saying because i did not served notice period. i requested them to get me relieved by next day and they also did not say anything about serving notice period. but shifted my all projects to another person and from next working day they did not contacted me to come office. Can i claim my salary. Please help me.
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A. Sir, your question does not have proper details. However with the question you posted, this is what you should know before proceeding. 1. Every company has a termination policy, whereby they can relieve you on the next day and not pay you a months salary in lieu of not serving the notice period. This is more like an option, you either serve the notice period and get paid for that or else if you want early release then you do away with one months salary which would count as equivalent to serving the notice period. Now, If you left the job in Feb, then they have all the rights to not pay the salary of march as is discussed above. However, if that is not the case then you have all the rights to claim your salary till the time of your resignation or termination. In case the company has withheld the salary wrongfully, then, 1. Send them a legal notice which shall direct them to pay the salary which is due till date and also mention a fixed time period to pay the same. 2. If in case they fail to comply with the legal notice then, you can file either a 'Money Suit' or a 'Summary Suit' for recovery of such unpaid salary. Thanks Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata

Sumit Gulia

Posted 4 days ago

Hi sir, my company not realise my 2 months salary because my adhar issue. Date of birth problem in my adhar. And last 5 months so many time my adhar updation cancel. But my company not understand my adhar problem. So i have question is adhar is mandatory for realising salary
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A. Sir looks like you have problem from both ends. 1. The company and 2. UIDAI Adhar card is a compulsion now days but that should not be a problem for salary payments if the KYC of your bank is complete. You can send a legal notice to the company. As for the Adhar you can also file a case against UIDAI by way of a writ petition making both UIDAI and the company as respondents to obtain interim order. By this you shall get your salary paid and also pray for time for completion of the Adhar requirements. You can also file a case against the company in the labour commissioner office. Thanks Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata

NANDKISHOR BIHANI

Posted 4 days ago

DEAR SIR, MY WIFE HAS MADE AN FIR AGAINST MY NEIGHBOUR MANAS DAS FOR PHYSICAL ASSAULT. THE CASE HAS STARTED AND ACCORDING TO THE I.O. CHARGE SHEET HAS BEEN FILED. IN RETURN AFTER SOME DAYS THEY HAVE GIVEN A CASE ON ME U/S 354, 354A, 354B, 354C, 354D, BY HIS WIFE AND MANY OTHER SECTIONS MAKING A GOOD FALSE STORY. MY QUESTION IS-1)CAN SHE FILE SUCH A CASE?, 2) WHAT TO DO ON MY PART?
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A. Move the High Court for quashing of such false FIR u/s 482 CrPC. Or else, defend such false case on the basis of merits. Thanks Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata

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