Advocate Sushil Kumar Agarwal

Questions Answered by Advocate Sushil Kumar Agarwal

Q: Signed a 1 year contact with company which delays salary what to do

I have recently signed a contract of working 1 year with my employer. If breached I have to pay Rs. 50000 as a compensation. I am working with this employer since June,17. I was told that salary will be cleared with in 7 th of every month. But Every month we get salary after 20th. I have requested so many times but nothing happened. Now that I have a contract with my employer that I can't leave this company before One year. What should I do ?

Advocate Sushil Kumar Agarwal answered
You can leave your job. You will have to issue a legal notice. By way of Legal Notice you can escape paying and be free from your liability. For this you are required to collect all the data and then issue final letter.

Q: Procedure in case allotment letter provided by builder is lost

I have lost my allotment letter provided from builder end. I booked 2 flats in 2011 but till now possession is not yet given , he also came to know that I lost my letter and filled an fir regarding this .Now he is not even talk properly regarding this. Now I want to cancel this deal and want my money back as it's almost 6 years but possession not yet given . I have done 40% of the flat cost so what shall I do so that I can get my money back . As the money is paid through cheque so no worries abt transaction details. Please guide me with easy procedure so that I can easily get rid out of this within minimum period of time .

Advocate Sushil Kumar Agarwal answered
No matter. A allotment letter can be lost. You write a letter to your Promoter stating that you have lost the Allotment letter and submit an Affidavit with regard to this and request for Duplicate Allotment Letter. He is bound to reissue the Allotment Letter.

Q: How much time it takes to withdraw case

My wife is willing to withdraw 498a/406 Case against me as we have made an agreement where I am ready for MCD and she will appeal to judge to withdraw 498a aganist me. My question is how much time or what is the process judge will take to complete 498a withdrawn activity ? And what is the process?

Advocate Sushil Kumar Agarwal answered
In lower court, it may take long time. You can enter into an Agreement with your wife and file an Application under section 483 Cr. P. C in the Honourable High Court for quashing. After a small formalities, court will direct lower court for quashing. It may take minimum of 2 months.

Q: Living with parents in society but not allowed to attend meeting

Dear sir, I leave with my father in a same flat and I handle his business too. The society where we live, conducts AGM every month. Last time when I went to attend the meeting the secretary of our complex told me that you don't have any right to attend this meeting because the flat in which you live is not in your name its registerd under your father's name ,hence he didn't allowed me to enter in the meeting. So do you think that I can't attend that meeting as I am not the owner but my father is?

Advocate Sushil Kumar Agarwal answered
Only registered owner who are members are allowed to attend the meeting. Your father is only person, who can attend the meeting. If you wish to attend the meeting, take power of attorney under appropriate stamp duty.Response

Q: Where can i file a case for harassment against my family

yesterday 20/12/2016 my mom dad and brother assaulted me for not having a job, they have beaten me with hammer , stick and injured me with scissor, and then called the police saying falsefully that i have beaten them but they dont have any injury, then police came and threatend me to beat at lock up cell and arrested me without G.D. or FIR at 5p.m. then at 11p.m. at the lock up cell they told me that my parent are there at police station and they launched CrPC 34 against me. they again threatend me to write a apology letter to my parents or they would beat me. they launched the letter by my hand though forcefully , freed me and now my patent are threatning me that if i do anything they will call the police again. i dont have money. but i want to know that how far i can go againgt them legally please suggest me.

Advocate Sushil Kumar Agarwal answered
You have not mentioned your age. Your problem is something unusual and partly social. First of all be aware that Parents do not have any obligation to maintain and feed a Major Son. Your parents are under no obligation to feed u and bear your expenses. At the same time your parents do not have any right to assault you. If they have assaulted you, you can lodge a Police Complaint at your Local Police Station stating all the facts. My advice is to resolve this problem socially to avoid future complications.