Advocate Ajit Wagh

Questions Answered by Advocate Ajit Wagh

Q: Wrongly named in FIR. How do I get police' stamped clearance ?

I have been mistakenly named in a FIR and am confused with another person with the same name. I have talked with the police on phone and explained them my case. How do I obtain their stamped notice of clearance, so that it doesn't come up later in my life during police verification and other govt exams verification process. Should I write an application? If so, what should be the content?

Advocate Ajit Wagh answered
Quashing of the FIR against you is the safest option available in the facts of your case.Quashing of FIRFIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.The Code of Criminal Procedure, 1973, elucidates inherent powers of High Court under Section 482 [1] as follows:Section 482 enumerates that a High Court has got the power to act in any manner in order to make the two ends of justice meet.Under this section, a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person.If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of CrPC

Q: Discrimination in promotion of employees having similar performance

Dear Sir, I am being denied promotions for last 2 consecutive years while my peers have got promotion with same level of performance. I have also written to my super boss and MD of the company but there is no response which is causing acute mental harassment to me. Mine is a listed company. Can I take legal action for biased appraisal and resultant mental harassment. I have sufficient records to prove my good performance

Advocate Ajit Wagh answered
From your query it appears that you are working in a non-government organization. Indian laws pertaining to service conditions of private employment mainly deal with the minimum wages, payment of wages, holidays, safety and security, maternity benefits, termination of service etc. Your greviance doesnot fall in any of these catagories. Unlike various Service Rules that deal with seniority, promotion in service etc. which are framed for government employees, there are no Srevice Rules for employees of private companies. You may raise your greviance in accordance with the internal greviance redressal mechanism established within your company. However you will have to keep in mind that no law in India would be able to help you if the management decided not to promote you. If the current situation is causing you mental harassment your only other remedy would be to start looking for better opportunities outside this company.

Q: Which laws apply if company deny to accept the resignation

Recently i’m working with a BPO company , and as i got a better opportunity in another company i won’t be able to continue my job in same company i’m working right now when i consult my situation with HR so she denied me to accept instant resign but as my lots of colleagues serve the instant resign previously in same compny by paying their basic salary DD . but they don’t accepting my instant resign as i’m ready to pay my basic salary also HR said that there is no policy for instant resign my joining is on 19th july so required my reliving letter to submit my document there any suggestion in this case or is there any helpful law ?

Advocate Ajit Wagh answered
The Shops and Establishments Act in your State, Model Standing orders, and various other statutes, rules and guidelines prescribe the conditions of service and regulate the employer-employee relationship. Your contract of employment always contains a clause for termination of employment. Employment contract like any other contract can be terminated by either party. When the employer terminates the contract, it is called "termination" and is done by issuing a "letter of termination" and when an employee terminates the contract of employment it is termed "resignation" and is done by issuing a "letter of resignation".Unless termination is on account of misconduct and after issuing a show cause notice and conducting enquiry proceeding, no reason needs to be stated for in either the Termination Letter or the Resignation Letter for termination of the contract. However, payment of basic salary of 1 month or 3 months is prescribed in the employment contract itself if notice period of 1 or 3 months as prescribed in the contract of employment is not served. This is applicable similarly to the employer and the employee and whoever initiates the termination of the contract has to either serve the notice period or pay the salary. There is no concept of "rejection of resignation letter" or "rejection of termination letter". In both cases notice period has to be served. If the party initiating the termination not to serve the prescribed notice period he has a right to pay salary in lieu of the notice period.YOUR REMEDY:1. You should at the first instance bring this to the notice of the management of your establishment to whom your current H.R. is reporting. ( It appears that your H.R. is new and unaware of the settled law and practice pertaining to the subject matter).2. You can file a complaint with the labour commissioner.

Q: How to deal when buyer is demanding double of the paid amount

Buyer of our flat has filled recovery of 11 lacs as double of byana nama in civil court. Where in mediation we both settled the same in 460000/- And finel to pay the same till 15 july 2018.but we are unable to arrange the same .Now buyer is going to file execution . What to do now pls suggest .it will create any problem for us ...What shall we do?

Advocate Ajit Wagh answered
The amount settled in mediation is binding on all the parties to the mediation only if the same is decreed by the court. Until such a decree is passed, any party can walk out of the agreement done in mediation. If such decree has not yet been passed and it is only the mediation report of settlement that is before the court, you can as a right walk out of the agreement and contest the claim of the buyer.If however the settlement before the mediator has culminated into a decree by the order of the Court, you have no option but to comply with the same. Once the buyer files for execution of the decree, you will still get some time to comply with the order. If you are unable to comply even thereafter, the execution Court usually executes the decree by attaching and selling some property of yours and only if that too is insufficient to execute the decree, may take you in custody.

Q: Can my mother claim property in my fathers property

My brother is a NRI and has given Power of Attorney to my father for property purchased in India. As next of Kin, can my mother or myself stake claim to this property in future just because power of attorney is given to my father?

Advocate Ajit Wagh answered
Where Power of Attorney is given by your NRI brother to your father for purchasing property in India on his behalf, your father alone can purchase the property on behalf of your NRI brother. This is because your father on account of the Power of Attorney issued in his favour is authorised to sign documents for purchasing property for your brother. The owner of the properties thus purchased would be your NRI brother and not your father although he has signed the documents for purchase of the property. As your father does not own the property so purchased, although he has signed the documents. you or your mother will not be able to claim any right in such property on account of being the next of kin of your father.The Power of Attorney is not an inheritable right and therefore any right arising out of the Power of Attorney will stand extinguished upon the absence / demise of the Power of Attorney holder (your father).