leave encashment
leave encashment
My employer says leave encashment you will get some amount in the account after 2 months but I want to get the amount at once, can I take it?
4 days ago
A. Dear Client,
Leave policy or rule varies on the applicability of an Act applicable to a particular establishment or organization The encashment of leave shall be regulated on the basis of the last pay drawn which includes basic pay, dearness allowance, personal pay, if any, non-practicing allowance for doctors, deputation allowance in respect of employees of the company on deputation, allowance admissible to EDP and other staff working in Finance & Accounts department. Only earned leave is elig ...ReadMore
Sexual Harassment
Hi, I need a consultation on Posh act which is done in IT company. Incident: A girl got sexually harassed during team dinner. The Accused person while the girl was on drunk condition. By saying I’
4 days ago
A. Dear Client,
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, also known as the ‘PoSH Act,’ is an Indian law passed to make the workplace safer for women by halting, restricting, and resolving sexual misconduct against them in the organization. The Ministry of Women and Child Development made the law effective throughout India on December 9, 2013, characterizing sexual harassment and establishing the processes for lodging a lawsuit and conducti ...ReadMore
No return of advance paid. Absence of agreemnt
I paid advance rent and commission to a middle man (start up) who paid it to the owner. Changed my mind because of certain reasons. Now the middle man is blaming the owner for not returning the rent a
4 days ago
A. Dear Client,
In the absence of any written MOU or agreement between the parties, no remedy of relief is feasible on the face of the record even on complaints to police or through litigation before the court. However, you can serve a legal notice to the owner which may work or may not work.
Notice pay amount and reliving letter
Sir I have been fired by the company without any prior notice. And now not giving me the difference between notice pay and my one year salary. Also not giving me reliving letter what should I do.
4 days ago
A. Dear Client,
Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory provision of Sec.25F and 25N of the Act that prescribed certain pre-conditions to comply with by the employer before termination/retrenchment of a workman/employee from the employment. In that scenario, the terminated employee/workman can raise an industrial dispute directly before the Industrial Tri ...ReadMore
Bankruptcy and Debt
I am jobless since November 2023, and has PL more than 3 lack. I have paid all the emis till date but I don't have anything left and don't own any asset. I live in a rented house and single. What can
4 days ago
A. Dear Client,
Under the Provincial Insolvency Act, 1920 (which is now repealed as IBC Code 2016), you can file for bankruptcy if you are unable to repay a debt greater than ₹500. After analyzing whether the conditions for filing for bankruptcy have been met, the court may accept or reject the application. But, as stated having no asset with you, your insolvency petition may be rejected by the Court. Further, once a person is declared insolvent by the Court, it adversely affects the person's fu ...ReadMore
House owner ran away with heavy deposit amount
I have took a house on heavy deposit in santacruze mumbai but the owner of the house sold the house without returning my heavy deposit amount and now the new owner or the buyer of the house threatenin
4 days ago
A. Dear Client,
If there is a rent agreement executed between you and your previous owner specifying the refund of the security deposit on the vacation/surrender of rented premises, then breach of said condition of agreement you can take legal action against the previous landowner. A dispute between a tenant and landlord is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal with the dispute arising out of a rent agreement be ...ReadMore
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
1. june 2023, my sister filed dv case against her husband , mom in law and father in law. 2. my sisters husband filed section 9 against her in july 2023 which my sister contested and then he was for
4 days ago
A. Dear Client,
Based on the confession made by your sister's husband in the affidavit filed in the D V Case declaring therein that he is paying 40,000 rupees to his mother and father every month for medicines, you can file a contempt petition before the Court for non-compliance with Court's order for payment towards child education. As per Section 125(1) of Cr. PC, the claim of maintenance of wife and children is prioritized over the claim of parents. Any person so ordered fails without sufficien ...ReadMore
Cryptocurrency MLM and arrest
My friend Kartik was doing XYZ cryptocurrency marketing. He first registered and invested some amount in the cryptocurrency and became a promoter. then he joined some people under him and got commissi
4 days ago
A. Dear Client,
Incidentally, cryptocurrency/asset trading is neither illegal nor regulated by any specific legislation yet in India. The National Cyber Crime Reporting Portal(NCCRP) is an initiative of the Government of India to facilitate victims/complainants to report cybercrime including cryptocurrency scams or complaints online. However, when one is a victim of scams and frauds while trading in cryptocurrency, is advised that when any suspicious activity is detected in a trader’s exchange w ...ReadMore
need solution for property disputes among mother & two sons?
my father in law was died & flat ownership transferred in mother inlaws name & have two legal hairs (my husband & his yonger brother) now his brother have financial need & want his share & ready to re
4 days ago
A. Dear Client,
Your query appears to be cloudy to some extent as to how your mother-in-law got the entire ownership of the property on the death of your father-in-law unless he executed a deed of gift or a will in favour of her. So, presuming that she acquired the ownership of the flat based on one of either mode of transfer, in the given situation, unless she agreed to transfer the property by way of gift to her both sons, a relinquishment deed of one son relinquishing his right to property to ot ...ReadMore
Redevelopment of chawl
We room owner of chawl in malad mumbai want to know if we want to take initiative to redevelopment of chawl then under which law and section we can initiate the matter. The chawl as per Property Recor
4 days ago
A. Dear Client,
Until and unless the question of the present legal owner of Chwal is resolved following the law of succession nobody is allowed to enter into a redevelopment agreement with a Builder. As per the Hindu Succession Act, 1956, if a person dies intestate, his property would go to Class I heirs. If the Class I heirs do not exist, then the property would be delegated to Class II heirs. However, if both the Class I and Class II heirs are not alive, then the property would be transferred to ...ReadMore
