Advocate Nagesh Gajghate

Questions Answered by Advocate Nagesh Gajghate

Q: Wife demanding 15 Lakhs rupees immediately

I was married with a girl about 6 months back. From the day one of marriage, She always ran to her mother house by making different excuses. She always complaint and fight about my old widow mother, my dark complexion, our small house and other issues. Now, She doesn't want to live with me anymore and want to marry some other guy in her neighborhood. She filed a complained against me and my family member in Mahila Thana (NCW) on 25th July 2018 to extort 15 Lakhs rupees. She put very serious charges against me and my family members for dowry harassment, attempt to murder and even rape charges against my elder brother. We are even ready to pay her this huge amount of Rs 15 Lakhs to her but she wants the money immediately without waiting for the file of divorce otherwise telling us to face the consequences. Sir, We are living with fear and don't know how to handle this situation. Please suggest me what to do.

Advocate Nagesh Gajghate answered
Kindly file a reply to the complaint stating all the narration and true facts and circumstances of the case, and also mention that all the allegations levelled against you and your family members are false and baseless. You have to defend your case in a proper manner.

Q: Can a person stop a construction without the courts stay order ?

I would like to know that without court's stay order "can anyone stop any construction" this is the law.please, affirm me. it is land of "kabza" relaated. which was gathered by my grandfather and now my neighbor says that it is mine. actually, they filed a case against me in civil court raebarelly and they no stay order. without stay order they are stopping us.

Advocate Nagesh Gajghate answered
That without any stay order from the competant court of law, no person can stop the ongoing construction on the suit premises, if they are doing so then it is against the prescribed procedure laid down in the law.

Q: Administration not giving MACPS and NPS, after 12 years of Job

I was appointed as a temporary scaled employee in DST project mode endeavour in 2005 through an open advertisement in a sanctioned post. Later based on my performance I was confirmed in the regular establishment after an appraisal by an expert committee in 2006. I have never worked for the project -mode establishment after 2006 I also was given LTC, CPF and other benefits of regular employees thereafter. However, now the administration is saying that mine is an illegal appointment and therefore they have stopped my MACPS and NPS. I dont know what to do after serving for more than 12 years. Please advise.

Advocate Nagesh Gajghate answered
First of all we need to go through the details of advertisements, terms and conditions of the employment, thereafter a formal legal notice can be sent to the employer and if no response given by the employer then we have to approch the court for appropriate relief.

Q: Employer for Illegal lockout and non payment of 2 months salary.

Sir, I want to know one company moserbaer has illegal lockout without prior notice .company saying workers were on strike so there is no need of notice. 2500 workers are on road die to two month salary is also pending at their end .I want to writ petition minimum in high Court.pls give me best answer n suggest best suited advocate.

Advocate Nagesh Gajghate answered
Firstly, we need to go through the terms and conditions of the employment, and thereafter with proper interpretation of relevant statutes pertaining to the labour laws, a writ petition can be filed before the Hon’ble High Court, therein we can ask for relief regarding back wages and payment and also for reinstatement for all workmens.

Q: In how many days can review petition be filed

Sir , We the labour of AG office we won the case in HC but office took the case in suprem court and Suprem court dispose the case on 1-3-2017 Sir I want to know can after 30 day review pition may be filled by the office in SC . Plese inform me

Advocate Nagesh Gajghate answered
Yes you can file the review petition in the Hon'ble Supreme Court of India even after the stipulated period of 30 days, but along with the review petition you have to file an application for condonation of delay stating therein the reasons which leads to delay in filing review petition.