Tuesday, September 16, 2008
Monday, June 16, 2008
Date of execution of agreement
| uthor : amitsdel Posted On : 2/19/2008 1:17:54 PM | Can the agreement execution date be after that date of commencement of agreement i.e Agreement execution date 10/10/2007 and Commencement date 1/10/2007. What should be the date of the stamp paper. |
| Expert : manishraghav Posted On : 2/21/2008 2:05:57 PM | yes. the stamp paper can be of any date before 10/10/2007 |
| Expert : Aniruddha.P.Pawse Posted On : 3/5/2008 2:31:51 PM | Hi Amit, Yes agreement execution date can be after date of commencement of agreement. |
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Posted On : 3/20/2008 12:54:09 PM | YES, agreement execution date can be after the date of commencement of the said agreement. The date of the stamp paper may be any date on or before 10/10/2007. |
Salary issue
| author : fbumar Posted On : 2/19/2008 11:24:32 PM | I resigned with the consent of my employer. Now they are not releasing my one month salary, I have enquired from finance dept and I have been told that because of shortage of funds they are unwilling to pay my salary. What should and can I do, please help me out. Its a pvt ltd. company based in Delhi. |
| Expert : manishraghav Posted On : 2/21/2008 11:21:54 AM | in this case case you can send a representation to your organization asking them to give a time frame in which they will release your salary. if then also they don't do so you can send a legal notice and can institute a suit for recovery against your employer. |
| author : fbumar Posted On : 2/21/2008 10:11:33 PM | I have personally met them yesterday and as per their verbal committment, made yesterday, they had to give me a cheque of 75% by today, rest next month. But nothing has happened so far. My calls are also not responded. I am in dire need of money and Im the only bread earner of my family. |
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Posted On : 2/28/2008 1:06:23 PM | You need to issue a legal notice. Also take this issue to the labour officer concerned. |
Rental lease of agreement
Posted On : 2/24/2008 9:22:19 PM | 1) Is it possible to rent out an apartment by giving Power of attorney by Owner to his representative (parent)? Can the performa available at following link be used for this purpose? http://www.lawyersclubindia.com/forum/messages/2008/2/1158_special_power_of_attorney.asp 2) Is it also possible to give the apartment on lease to someone (parents) (may be at zero rent) and then he/she (parents) can sub-let as per their discretion? Who gets the rent in this case, original owner or the person sub-letting? 3) Which of the above is better for a person who is abroad currently, Power of Attorney or Lease/sub-Lease? |
| Expert : manmeet singh arora Posted On : 2/25/2008 1:15:28 PM | 1.yes it is possible to rent out apartment by executing power of attorney between the owner and the representative using the current proforma. 2.the power of attorney should contain all the essential clause of collecting rent and to mentioned specifically that who will recieve the rent,whether the owner or the representative as drafted in the power of attorney. 3.the reprentative so authorised can sublet the appartment if it is so mentioned and drafted as as clause in special power of attorney. 4. the person so authorised and as agreed in power of attorney is entitled to recieve the rent. 5.power of attorney is better for a person residing abroad,and he must execute the power of attorney in such away that it clearly states and authorises the person to recieve the rent himself or in his behalf. |
| author : P Gupta Posted On : 2/26/2008 4:43:54 PM | Thanks a lot for the reply. I suppose that in this case rent amount will be considered as earning of the person holding power of attorney (e.g. father/mother). Is it possible to indicate in Power of Attorney that rent will be paid to the owner (e.g. myself). Is it possible that rental lease will be signed by the person holding POA (e.g. father) but rent is paid to the owner. It may be possible to do this by specifying in the lease that rent cheque is to be issues in the name of so and so person (owner) even though lease is signed by POA holder (e.g. father). Or rent is always paid to the person who signs the lease? |
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Posted On : 2/28/2008 1:09:46 PM | This can be done. You can add a clause in the POA by excluding the attorney from receiving rents in his name and also specifying that the rent should be paid in the name of the owner |
| author : P Gupta Posted On : 2/28/2008 6:50:00 PM | Thanks a lot. |
PF on leave encashment
| author : Tejashree Posted On : 2/13/2008 4:53:56 AM | Kindly let me know the following, 1)Is it necessary to contribute PF on leave encashment of the employees during their service period ? 2) Is it necessary to contribute PF on leave encashment of the employees while preparing full and final settlement at the time of leaving on any reason such as resignation/termination/retirement etc. |
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Posted On : 2/24/2008 4:17:34 PM | Yes. There is case decided by Bombay High Court on applicability of EPF on Leave encashment. The case was decided on 1.10.1994 and was published by Labour law Reporter for its 1995 edition on page 416. EPF organisation also published circular No. Co-ord/3(4)2002 clarification /7731-2844 dated 6 May,2004 and circular No. C-1/ (20)(1)2003 / Misc/DL/72311 dated 3.2.2003 declaring applicability of EPF contribution on Leave Encashment w.e.f 1.10.1994. |
| Expert : Aniruddha.P.Pawse Posted On : 3/5/2008 3:08:20 PM | Hi Tejashree, Yes Rgds, |
Gaurdian of children
| author : AravinthanGanesan Posted On : 2/11/2008 4:20:16 PM | A husband and wife got separated, with out any order of Court of law. Male child of age 3 is living with his mother. Three years later, is there any provision for his father to get his son back? If not, how can a father get back his son living with desperate wife? |
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Posted On : 2/13/2008 7:29:19 PM | hello, you can file case in local court under section 7 of the guardians and ward act 1890 for guardianship of your ward |
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Posted On : 3/6/2008 4:49:23 PM | The father may file the case seeking custody of the minor child. In regard to the custody of minor, the court is bound to take into account the welfare of the minor. The father has a burden on him to show that the welfare of the minor demands that the custody shall be with him in preference to the mother of minor. The word “welfare” has the widest amplitude. It is to be understood in its widest sense so as to cover the material & physical well-being, education, health, happiness & moral welfare of the child. |
INTEROGATION IN CRIMINAL CASE
| TEKWANI Posted On : 6/15/2008 8:58:51 AM | INTEROGATION IN CRIMINAL CASE: What are the rights of a person who is arrested in any criminal case with respect to investigation?? Is he supposed to answer questions put forward by the police??? Does he have any right to remain quite during the interrogation and claim that it is police who has to prove him guilty??? Like in USA, the accused person can remain silent while in custody. But again, if he remains silent, can the court grant continuous custody on the police request that accused is “not co-operating”??? Are there any rulings by SC in this regard??? Secondly, it has become a trend to put an accused under lie detector tests, narco-analysis without his consent…can he refuse to do so??? Can he get immediate relief from any court anytime during the day??? |
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Posted On : 6/15/2008 9:54:54 AM | a person has got every right to remain quite during investigation and even during trial and it is the prosecution that has to prove it's case beyond reasonable doubt. The court can not grant continuous custody to police and the provision in that regard has been detailed in section 167(2) of the code of criminal procedure. a person has every right to refuse the lie detector or narco analysis test but then the presumption will go against him. |
| author : RAMESH TEKWANI Posted On : 6/15/2008 10:34:02 AM | Thank you Mr. Deepak Kumar. But I have observed that in many such cases court goes on extending the remand of the accused on the demand of the police/CBI that the accused has not made any statement or not co-operating with the police in giving answers (read: as per their liking). Secondly, if the police resort to any threats or physical abuse of the accused, can the accused demand appearance before the court before the next hearing date and complain to the court about the police??? |
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Posted On : 6/15/2008 11:35:09 AM | as statd earlier there is a provision in the CrPC regarding giving of custody kindly go through the relevent section if the CrPC is available to you. the accused has to be produced before magistarte within 24 hrs and at that time he may demand to be examined by a doctor so as to prove that he does not have any injury before remand is given, similarly the accused may complain against the police to the magistrate when he is produced before him again. |
| Expert : J K Agrawal Posted On : 6/15/2008 11:44:35 PM | The Doctrine of Self Incrimination is applicable in India. It is provided as fundamental right and incorporated in part 4th of the Constitution of India. As per article 20 (3) no body can be compelled to give evidence against himself. But when the accused keeps mum even if some thing can be derived from him that can be availed by investigating agency. For example finger print impressions, DNA samples or blood samples, photograph of accoused ect as per section 27 evidence act. The statement of accused are not admissible in evidence as per section 26 of evidence act. If accused is tortured to confess an offence it is in violation of Fundamental Rights. The accused can move a Writ Petition to the High Court or the Supreme Court against it. Writ can be presented even when the accused is in custody or any body else can move a writ petition. Signature of victim is not required if he is in custody. |
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Posted On : 6/16/2008 12:10:24 PM | Please refer mr. NANDINI SATHPATH VS CBI. for your query. |
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