Advocate Akhil Bhasin

Questions Answered by Advocate Akhil Bhasin

Q: Does the new law on Maternity benefit has retrospective effect

I am working as a Business Analyst in an IT company. I am new mother and my child was born on 21st December, 2016 (just 3 months back).When I asked my employer for the new maternity leave policy, they said that it is effective for those who take maternity leave from 1st April.I believe it is a complete flaw in the policy as new mothers who are under 26 weeks of maternity leave and just like me who are feeding infants under 6 months should automatically get covered under it.Please do something about it. Please respond at the earliest.

Advocate Akhil Bhasin answered
mam they are right the new law will be effective after 1st of april. the only remedy you have is to move a writ petition against the company and the state government it self to get the relief you want in the High Court

Q: Can FIR be lodged for a fraudulent act instead of cheque bounce

Dear Sir, Yesterday i met with SSP for loding FIR against who issued two cheques each of one lac of closed account knowingly in 2011 and he refused for the same being advised to take recourse of Section 137 of NI--1881. In such case, can FIR be not lodged for fraudulent act rather than to adopt above section? Why FIR did not lodged mandatory? With regards

Advocate Akhil Bhasin answered
there is no such procedure in NI act where you can go for FIR only remedy you have is to file a complaint u/s 138/142 of NI act, police officials are guiding you right. there is no such provision under any criminal law even where you can go for fir

Q: Cheque given by buyer bounced & now he is denying to buy the property

sir, we have sell a plot on 5th nov and purchaser gave us a cheque of 50000 as token amount and made agreement with us. now the cheque has been bounced and purchaser is not agreed to buy. so please help me can i file a cheque bounce case against that as per notice earnest money will be fort fitted but that money is in form of cheque. regards dharmender

Advocate Akhil Bhasin answered
yes you can go for cheque bounce complaint u/s 138/142 ni act, and can forfeit the earnest money. go for a legal notice first mentioning all the details of the agreement in question and the cheque, give him 15 days period for payment then go for complaint within 1 month, ie, 45 days from the date of notice, this is the mandatory procedure as per NI act.

Q: Clarification related to terms & conditions for rental lease agreement

I intend renting my apartment to a tenant in Gurgaon, and want to know: (1)is 11 month lease standard practice? (2) should i insist on company lease, or is individual lease OK? (3) should i ask for PDCs for all 11 months?

Advocate Akhil Bhasin answered
see that would depend on the term of your agreement if you want to go for more than 11 months than lease would be a better option and if your term is less that 11 months then go for rent deed or agreement

Q: Property lost due to bank's fault in giving home loan can I claim

SBI didn't approved my Home loan before demand time because of that HUDA forfeit my plot and 10% paid amount. I want recover my financial loss from SBI.

Advocate Akhil Bhasin answered
definitely you can file a complaint before the concerned consumer forum and you will get a handsome amount for loss. don;'t forget to attach all the concerned documents, and there should not be any fault or delay on your part.