Advocate Abhijeet Sharma

Questions Answered by Advocate Abhijeet Sharma

Q: Ipc 304 realted question h plz.help

Kisi se ladai hui jisse uski death ho gyi h to police ne ipc 304 lagayi h but diseased ki pm report me heart attack se death hona btaya h without a single injury , to is situation me ipc 304 banti h ya nhi bnti h. High court se 304 remove ho skti h kyaa

Advocate Abhijeet Sharma answered
It depends on case to case basis, but 304 sahi hai because of death occuring during a scuffle, but the case can come in the general exceptions mentioned in the chapter 3 ipc आप इस प्रकरण में बरी हो सकते है लेकिन चार्ज हटने की संभावना बहुत कम है।fir एवं केस डायरी देखकर अन्य कोई बात बताई जा सकती है

Q: Not Paying Salary of 2 months and 12 days and notice period

Management suddenly reduces the salary by giving a notice on 2nd of Aug 2022 from 57000 ₹ to 50000 and after 10 days on the 12th of Aug 2022 management ask to resign with immediate effect at zero-day notice. The institute holds one month of salary as security during the time of joining the institute. At the time of termination, they told me that they will provide the total amount before the 26th of Aug 2022. But still, I did not get this amount and the institute stop entertaining any queries and they are not receiving my phone call and not replying to emails also. I also personally visited the office but their officer did not respond in the office. The salary dates are between the 16th to 22nd of every month. The total due to theinstitute is about 348334 ₹ As follows nAmount Particular n35000 Amount Deduction During Covid n6270 Bank Instrest on Secuirity Depositn57000 Security Amountn57000 Salary of July 2022 Monthn22064 12 Days Salary of Aug 2022 Monthn171000 Amount of Notice

Advocate Abhijeet Sharma answered
sir according to legal perspective the company has committed severe irregularities which are both punishable as well as compensatory.The few of them are -1 ther cannot be a change in conditions of work without giving the employee a notice of such change ie the pay cannot be reduced2 A person cannot be terminated without proper enquiry of any misconduct or negligence3 there cannot be any retrenchment without giving the notice.so along with the dues (which will be realised with interest) you sir even can get the job back by the help of the court .

Q: cheque of partnership firm can be issued for discharge of personal li

If cheque of partnership firm is issued for discharge of disputed individual personal liability of partner and cheque is bounced for want of funds, can legal proceeding be instituted under 138 NIA act against said partner. Drawer of cheque is partnership firm and said partner is authorised signatory and partnership firm is not arraigned as accused

Advocate Abhijeet Sharma answered
The complaint under Negotiable Instrument Act Section 138 can be brought against only the drawer of the cheque, which is of course the partnership firm . the cheque issued has been returned for reason of insufficient funds. so basically accuse number 1 would be partnership firm . since the partnership firm is fictitious person so accused number 2 would be the person authorised signatory IE the partner . the case would not succeed unless the partnership firm is not included as an accused .