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Anonymous

Posted 1 year ago

My father married my mother, as was already married and has been living with us since 32-35 years with a different surname 'Verma' instead of his real surname 'Soni'. My father purchased a land in 1985 from his real surname, where my mother, who is a government servant, made a house with the money earned from her job. But now his first wife and their heirs (who are living in my father's ancestral property ) declaring our home as their and our father is also refusing to make our name in the house since my father and his first wife and children has same surname and ours is different as provided by him. What we can do to save our house.
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A. Here surname does not become relevant as long as there is no dispute about the identity of the person. Your mother can bring an injunction order on the ground that she vested on that house and property and cannot be evicted.
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Prabhakara S K Shetty
Prabhakara S K Shetty Exp: 19 Year(s) Bangalore
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
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Anonymous

Posted 1 year ago

Hello, I am an Australian citizen and visiting India for a short time. Everytime I visit India, my real brother obtains my details such as when J am arriving, visiting which city, which hotel I will be staying in and pass the information to others in an effort to stop me from seeing someone. This is a breach of my privacy and I find it very stressful. Please advise what can I do to protect my privacy and what action should I take against him. Thank you
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A. You should find out how and from where he obtains the information and block that.
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Prabhakara S K Shetty
Prabhakara S K Shetty Exp: 19 Year(s) Bangalore
Abhimanyu  Shandilya
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
Dear Lawyers, I want to know that what kind of legal penalties we can charge to the employer. If suppose any employee is been terminated from the company without any valid/ strong reason behind it and the terminated employee is not ready to accept the termination then what kind of legal action we can take against the company and what penalties they have to pay to the employee. Employee can proof that he/she is been terminated without any proper reason. So when he/she can take action and on what grounds they will be penalized? Awaiting for your guidance.
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A. A private employer can terminate your employment at his pleasure and the established principle of Law is that one cannot be forced to employ some one whom he doe not like, reason being irrelevant. However, if you are working in any company which is even partly a 'state' then your employment is protected.
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Prabhakara S K Shetty
Prabhakara S K Shetty Exp: 19 Year(s) Bangalore
Meenakshi  Iyer
Meenakshi Iyer Experience: 4 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
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Anonymous

Posted 1 year ago

my father in law got a call cum show cause notice from custom as i order e ciggerate from aliexpress from china in name of my father in law asking two questions 1) why good viz e ciggerate should not be confiscated under section 111(d) of custom act 1962 . (2) why importer should not be imposed penalty under section 112 (a) act of 1962. payment is done by my cc card Attachments
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A. You have to consult a local lawyer to take up the issue with custom authorities for quick release of goods from custom.
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Ambrose  Leo
Ambrose Leo Exp: 9 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Hi, I joined a private company on April 2nd. Agreed job is different from what they have mentioned. And more over they took a bond for period of 18 months, failing which I must pay 60% of salary. This bond agreement they have not mentioned during interview process. By then I have agreed to give my certificates for 3 months as they mentioned, but they gave me an acknowledgment for 6mths. After a week of joining they took signature on bond. During interview process they told that training will be given for initial 3 months. But no such training was given. On this month for 4 days one the resigning employee gave a brief on training for 2 hrs a day and finally they said to watch YouTube videos and learn. Now I am not satisfied with the work and there is no way of learning here. As I am in probation period I decided to quit the job. Anyhow I have took my original certificates back by giving some examination reason. I don't wish to pay bond amount. So how can I get away from this issue. And can I get the salary for the month of May for the period which I have worked.
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A. You have got involved in complicated situation with all issues against your interest and signed documents. It is better to consult a Labour & Employment and Service matter specialized Senior lawyer from the panel of Vidhikarya quickly to address all aspects of your case in your interest quickly.
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Ambrose  Leo
Ambrose Leo Exp: 9 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Neeraj  Kumar
Neeraj Kumar Experience: 1 Year(s) Patna
Neeraj  Kumar
Neeraj Kumar Experience: 1 Year(s) Patna
Respected Sir, I have Registered with SEBI as an Investment Adviser last year as an Individual . Being a Startup , Considering Recent Scenario in the Market Prevailing & client Suggestion, I seek Guidance About Portfolio /Account Management on Profit sharing Basis. 1) Can We provide service to trade in Clients Account At the Discretion of the client With Simple Agreement on paper signed by Both (Client , Analyst) &/OR Dealer If any. 2 )Which of Docs i need to keep for this purpose . Thanks for providing such wonderful opportunity o have a clarification to me startups & like people. Thanks & Regds, Dharmesh
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A. You have to prepare the documents as per the requirement of SEBI Act.Better to consult a Professional Lawyer for drafting the legal documents quickly.
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Ambrose  Leo
Ambrose Leo Exp: 9 Year(s) Bangalore
Hi Sir, This is Shankar and I lent a total of 26Lakhs to a friend when he was in a crisis with a promise that he would return that to me in few days. however, past few months, he has been making promises but not returning it. I have undated cheques for 25L and a promissory note for 10Lakhs. He still says he will return the money but I am slowly losing confidence. Need your advise how to proceed here to recover my loan that was given on trust. Also, if they ask for more time, what other documents/guarantees/surities I should ask them to further safeguard my interests?
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A. If he is not bankrupt and if you have paid the amount through your account, then you can recover. contact some advocate and take guidance, carefully execute it.
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Prabhakara S K Shetty
Prabhakara S K Shetty Exp: 19 Year(s) Bangalore
Abhimanyu  Shandilya
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
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Anonymous

Posted 1 year ago

History of case: Second Party in this case made demarcation in 2003-04 and with his political and administrative power he wrongly encroaches our land approximately 18 sq. meter which is touch to Road Side. By this action we are on paper dis-linked with road. We challenge this demarcation at Settlement Officer level but our all efforts goes waste and we are loose our case, after that we approached the higher level result is same i.e. Divisional Commissioner but result is same. By the order of Divisional Commissioner second party done the correction /mutation in land record. By this we are loose around 18 sq meter land and also approach to road side. We also challenge these order at Financial Level where we got justice and court accept that our land is reduced upto 18 sq meters and on the other hand land of second party increase and there is no reason is explain by the authority. Financial Commissioner set aside the orders of Divisional Commissioner and Settlement Officer. Second party challenge these order at High Court Level. But High Court pass / support Financial Commissioner decision. Present Situation: I approach at local administrative level to cancel the mutation done in 2007 in support of order pass by Hon'ble High Court and Financial Commissioner order. But they are refused to do so because in orders they said that orders are set aside and remanded back for fresh inquiry there is no orders to made changes in land record or there is no direction to us made changes as per previous record. It is very strange and difficult to me understand that after more than 10 years I have empty hand. Question: How I can change mutation done in 2007 ( Order on which ground this mutation is done is set aside by the court) and get my land back?
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A. It is for this reason civil courts are established in our Country. File a eviction and possession suit.
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Prabhakara S K Shetty
Prabhakara S K Shetty Exp: 19 Year(s) Bangalore
GANESH  SHARMA
GANESH SHARMA Experience: 3 Year(s) Faridabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
Hi sir, My manager has told me that a written complaint is done against me that I am misbehaving the girl in office. So that why from tomorrow you can't come to office and taken the sin and key. I told them I have not done any such kind of things in office show me the complaint against me and who did it and what kind of misbehaving I have don. They not declared it to me. Near about a month gown no reply of my mail no mail of complain detail not a single written or mail document given by company why they told me not to come to office and even salary and termination also.
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A. A lot depends upon who is your employer-manager. Is he a state owned company ? or a private employer? You dont stand a chance if you file defamation case.
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Prabhakara S K Shetty
Prabhakara S K Shetty Exp: 19 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Neeraj  Kumar
Neeraj Kumar Experience: 1 Year(s) Patna
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Anonymous

Posted 1 year ago

Hello Sir, This is to inform you that I have nearly 15 lakhs outstanding in my credit card and I have paid up-to-date all dues. But, currently I am not able to pay dues on time for some time. I need some time to pay the dues. What is your opinion about this or is there any other way to reduce my EMI amount. So, that I can able to pay on time if the EMI amount is less. Please reply.
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A. Dear sir, You can get issue a legal notice and settle the terms. The law is very harsh against them if they wish to recover forcibly. ============================================================================================================ ICCI Bank Limited vs. Prakash Kaur case, The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives. "We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said. The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank. It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations. The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court. According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously. Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban." "RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated. RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him." "The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed. The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma. Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle. The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering dues.
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