Whether it is legal for an employer to withhold an employee's salary. The legal issue at hand is whether it is legal for an employer to withhold an employee's salary for May 2020, on the grounds of treating the employee as absent, when the employee stayed at home during lockdown under the protection of vulnerable people clause. The employee in question is an employee of the WB Govt. STU and has multiple co-morbidities, making them vulnerable to the COVID-19 pandemic. The employer's decision to withhold the salary may raise questions about the employer's compliance with labor laws and regulations, specifically regarding the rights and protections of vulnerable employees during a pandemic. This legal issue could potentially involve an analysis of the terms and conditions of the employee's contract, labor laws, and regulations related to employee rights and protection, as well as any government guidelines related to vulnerable employees during the COVID-19 pandemic.
In India, it is generally illegal for an employer to withhold an employee's salary. According to the Payment of Wages Act, 1936, employers are required to pay their employees their wages on time and in full. This applies to all types of employment, whether it is contractual, temporary or permanent.
The Act also states that wages cannot be withheld for any reason, unless it is authorized by law, such as tax deductions or court orders. In cases where an employee has been absent from work without prior permission, the employer may deduct wages for the days the employee was absent.
If an employer withholds an employee's salary without a valid reason, the employee can file a complaint with the labor authorities or approach the labor court for redressal. The employer may be liable to pay damages and face penalties under the law.
Do the plaintiffs have to pay court fee for partition suit of life interest properties? Do the plaintiffs have to pay court fee for partition suit of life interest properties obtained through will after the death of the testator? What is the court fee for partition of life interest property?
Asked from: Uttar Pradesh
The court fee for a partition suit of a property depends on the value of the property. In India, each state has its own Court Fees Act that lays down the court fee payable for filing a partition suit. Generally, the court fee for a partition suit is a percentage of the market value of the property. For example, in Delhi, the court fee for filing a partition suit is 1% of the market value of the property subject to a maximum of INR 50,000.
However, the exact court fee for partition of property can vary from state to state, and it is advisable to consult with a lawyer or check the relevant Court Fees Act of the state where the suit is being filed. As for the specific question about life interest properties obtained through a will after the death of the testator, it's advisable to consult a legal expert who specializes in property law to understand the specific legal provisions in your jurisdiction. They can guide you on whether court fees are applicable for such cases and provide you with the necessary information to proceed with your partition suit.
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Temporary appointment of a Muhammadan Marriage Registrar specifically for the Shia sect. I received official appointment as Muhammadan Marriage Registrar for the jurisdiction of XXX area, allowing me to register all Muhammadan Marriages and Divorces. This appointment was issued in accordance with Section 3 of the Act by the Secretary to the Government of West Bengal, Judicial Department. However, no notification had been issued by the department inviting applications for the temporary appointment of a Muhammadan Marriage Registrar specifically for the Shia sect within my jurisdiction. Despite this, the Assistant Secretary initiated the process for such an appointment and issued a notice, inviting applications for a temporary appointment of a Muhammadan Marriage Registrar for the Shia sect in XXX, even though no existing Shia Muslim community resides in the area. The District Registrar, issued this notice without ascertaining whether I belonged to the Shia or Sunni sect.
It is within the state government's authority to appoint a Muhammadan Marriage Registrar for the Shia sect, regardless of whether there is a Shia population in the area. The purpose of marriage registration is to validate the marriage and keep an official record, which is considered a public document under Section 74 of the Indian Evidence Act. This service is provided by the state, and the Marriage Registrar is authorized by law to register marriages, regardless of the sect.
While there may be differences in the legal formalities required for the contract of marriage between Shia and Sunni, the process of registering marriages remains the same. Therefore, any objection to the appointment of a Muhammadan Marriage Registrar for the Shia sect on the grounds of the lack of a Shia population is invalid.
Can mediation proceedings solve the land dispute between the siblings? My family inherited a vast ancestral property from my grandparents. The property was divided among the siblings, but as time passed, disputes arose regarding the revenue and maintenance of the land. Civil court cases were filed, and tensions grew between family members. Despite attempts at mediation, the siblings couldn't come to an agreement, and the legal battle dragged on for years. Finally, the judge ordered the partition of the property and appointed a mediator to oversee the division of the revenue. The siblings were unhappy with the decision, but they had no choice but to comply. However, the mediator's approach was different. Instead of focusing solely on the financial aspects, he encouraged the siblings to communicate openly about their needs and concerns.
Through his guidance, they were able to come to a fair and amicable agreement on the revenue and maintenance of the property. The mediation process also helped the siblings mend their relationships and reconnect as a family. They realized that the property wasn't worth sacrificing their bond and decided to work together to preserve it for future generations. In the end, the mediation process taught them a valuable lesson – that communication and understanding are essential for resolving disputes, especially when it comes to matters as sensitive as ancestral property.
The initial disputes between the siblings over revenue and maintenance of land escalated into a lengthy legal battle, straining family relationships. The intervention of a mediator provided a fresh perspective, allowing the siblings to communicate and find a mutually acceptable solution. The mediator's approach emphasized the importance of listening to each other's needs and concerns, leading to an amicable agreement on the division of the land.
The mediation process not only resolved the financial issues but also helped to repair the damaged relationships between the siblings. Communication, understanding, and compromise are key to resolving disputes effectively and preserving family bonds, particularly when it comes to matters as emotional as ancestral property.
You should cooperate with the mediator and try to conclude the mediation proceedings successfully. After completion of the mediation process the mediator shall prepare a report and send it to the court. The court shall pass a decree on the basis of the mediation. Hence, the process of mediation shall not only resolve the issue but also maintain the cordial relations between the parties.
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My father, without our knowledge, made an agreement to sell our agricultural land, which was inherited from our grandfather, and kept the proceeds for himself. Despite our family members' objection, he wrote all the agreements and didn't give us any share of the money. The people who gave the money to my father are now demanding either the land registration or a refund, threatening legal action. Although my father is currently unreachable, he is still making calls.
I am considering a proposal to sell the land to the buyers now, give them their money back within a year, and repurchase the land with the condition that it will be sold back to our family. However, this option may not be legally enforceable and requires the consent of all parties involved. In this situation, seeking legal advice is advisable to protect our rights and negotiate with the buyers and my father for a satisfactory solution. Time is of the essence, and prompt action is necessary to avoid potential legal consequences.
Without the knowledge or consent of your family members, your father sold a piece of land that was inherited from your grandfather. He kept all the proceeds for himself, and now the buyers are demanding either the land registration or a refund, threatening legal action otherwise. Your father is currently unavailable, but he is still making phone calls.
As for your proposal to sell the land to the buyers and repurchase it within a year with the condition that it must be sold back to your family, this could be a possible solution, but it would require the agreement of all parties involved. Furthermore, it may not be legally enforceable, and your family members might not be interested in pursuing such an option.
In light of the circumstances, seeking legal advice is recommended to understand your rights and obligations. You may need to negotiate with the buyers and your father to come to a resolution that is satisfactory for everyone involved. It is important to act quickly and responsibly to avoid any potential legal consequences.
Motor vehicle repair issue. My car broke down on Feb 4, 2023, due to overheating issues and I googled for nearest garage and called them, a person came and inspected and towed the vehicle to garage, after couple of days he gave an estimate of Rs62000 and list of spares and I checked the spares online and found reasonable, so suggested mechanic that I will provide the spares and he refused it. I settled for Rs 50000 with couple of spares, engine oil. 30000 advance was paid in next couple of days. After regular follow telephonically, WhatsApp and visiting physically more than 10 times, it's been 3 months now and also paid 15000 (total 45000).
Still, he is not delivering the vehicle. Also he called me and said major spare part is available in local scrap shop for a bargained price of 13000 from 18000 , and informed without that spare it is impossible to repair the car, so I checked online and ordered a compatible spare for 6000, later he asked to cancel the order, I was not able to cancel it after delivering the spare he installed and said we are seeing error in scan results, so he installed the spare bought from scrap dealer, later he mentioned there is a problem with ECM spare, he took another 15 days to get that work done, but he has opened the engine for the 3rd time. And now it's April 21, 2023, I am in my relative marriage with lot of arrangements to be done, he calls 15-20 times in a span of 10 min for money.
He will be charging another 30-35k for new spares, sensors, self-start component is burnt. 15 ltr of petrol is taken as well. Please suggest me for further process and teach this day light looter a lesson for life, he has no GST Registration, I am pretty sure he has not filed IT returns. I am really tortured because of this person; I really want him to go through some income tax complications.
Asked from: Telangana
If you're unsatisfied with the work done by a particular garage, you have the option of taking your vehicle to another garage to complete the remaining mechanical work. In this scenario, it's recommended to send a legal notice to the original garage and retrieve your vehicle before having the work completed elsewhere. You'll need to settle any outstanding bills before taking your vehicle to the new service provider. Failure by the original garage to release the vehicle may result in a criminal case for extortion.
Once the repairs have been completed at the new garage, it's advisable to consult with an independent investigator and obtain a repair estimate. If you've paid more than the estimated amount, you have the right to seek reimbursement from the garage. You can file a complaint with the District Consumer Redressal Commission for recovery of balance amount between the actual payment and estimated cost of repair, compensation for any mental distress caused by the ordeal, as well as reimbursement for litigation expenses.
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Boyfriend threatened to share the nude photos with her family and on social media. Once upon a time, there was a young woman who was in a relationship with a man she loved. However, as time went by, she noticed that her boyfriend was becoming increasingly controlling and abusive towards her. One day, he asked her to share her nude photos with him, which she initially refused. However, he persisted and threatened to break up with her if she didn't comply. Desperate to keep the relationship intact, she reluctantly agreed. Things took a turn for the worse when boyfriend threatened to share the nude photos with her family and on social media. She was horrified at the thought of such a violation of her privacy and dignity, and she began to fear for her safety. Although he initially resisted, he eventually relented and left her alone. The young woman learned a valuable lesson about the importance of standing up for herself and seeking help when she needed it.
It is advisable that you file a police complaint against your boyfriend under various sections of the Indian Penal Code, including 354, 504, 506, 509, and 511, as well as Section 67 A of the Information Technology Act. His actions of criminal intimidation and attempting to defame you are grounds for filing a first information report.
However, it is important to gather evidence that proves he possesses your nude photographs and threatened to release them before filing the FIR. Without sufficient evidence, your case may not stand up in court and your boyfriend may be able to have the FIR dismissed by the high court.
Cheque dishonour case 138 NI Act has been dismissed because of delay in demand notice during covid 19. I have filed a complaint under section 138 of the negotiable instrument act on 12-02-2021 after more than ten months from the date of cause of action. The case was admitted but at the stage of trial the court has dismissed the complaint because of delay in sending the demand notice to the accused. I have sent the notice to the accused in the month of October 2020 but cheque was bounced on 3rd March 2020. Complaint was filed on 12th February 2021. There was delay but due to covid 19 I was not able to file the case within time. What action should be taken against the dismissal order?
Asked from: Haryana
You should file an appeal before the High Court under section 372 of the code of criminal procedure. The order of dismissal of complaint is erroneous because due to surge of Covid 19 it was not possible to send demand notice. However the cheque was bounced on 3rd March 2020 and lockdown was called on 24th March 2020. During this period you had to send a demand notice, but the time period prescribed for the demand notice is 30 days from the date of dishonour of cheque.
That limitation was come to end on 2nd April 2020. At the that time the lockdown was called. In the Suo Motu Writ Petition (Civil) No(s).3/2020 the Hon'ble Supreme Court has extended the limitation period for any petitions/applications/suits/appeals/all other proceedings till 15th March 2021. The court has held that:
In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021.
Suo Motu Writ Petition (Civil) No(s).3/2020
That extension of limitation period is also applicable to the demand notice because it is a statutory requirement that the holder of cheque must send a demand notice to the drawer within thirty days from the date of intimation of dishonour of cheque.
As per the direction of the hon'ble supreme court in the aforementioned case, you are entitled to get the benefits of extension of limitation period. The limitation period was extended within the time period prescribed for issuing demand notice. Your appeal will sustain and the appellate court may set aside the order of trial court.
Magistrate has refuses to order for further investigation. The investigating officer has filed charge sheet in lesser offence because the higher police officer has influenced the investigating officer. When my advocate presented an application for seeking order of further investigation the court has refused by saying that he has no such power. My advocate has suggested to approach the high court. What to do?
Yes, your advocate is rightly suggested to approach the high court under Section 482 of the code of criminal procedure. The Hon'ble Supreme Court has held in Sakiri Basu's case that if the judicial magistrate thinks fit he has the power to direct further investigation by exercising his supervisory power vested in him by Section 156(3) of the code of criminal procedure.
If you have grounds to prove that charge sheet is manipulated or the investigating officer has deliberately filed it for lesser offence whereas the facts are inferring the commission of more serious iffence then the high court may direct further investigation.
