Advocate Anand Kumar

Questions Answered by Advocate Anand Kumar

Q: How to file a complaint against an army officer in india ?

I am a army soldier. Medical category S3 Problem torched by Senior in Admin Want to make an appeal in tribunal court, Where to file a harassment case complaint against army officer, he is a senior in army

Advocate Anand Kumar answered
You can file a complaint in this regard with the next superior officer first. You can also file a Statutory Complaint with Govt. of India. You must have strict proof in this regard as making false allegations against the superior officer is also an offence.

Q: What to do if company is not accepting resignation in india

My name is [Name], and I was working with a Pvt. Ltd. company for 1.7 years. As per my appointment letter, I was supposed to be confirmed after 6 months, but the company did not confirm my employment even after 1.5 years. They also did not give me any salary hike during this time.

I tried to resign twice, but each time my resignation was not accepted by the employer. They forced me to stay in the organization. Finally, after 1.7 years, I resigned again, but the company is not accepting my resignation and has not provided me with a relieving letter or experience certificate.

Additionally, the company has not paid me my pending salary for 37 days. I want to know: can I file a police complaint or legal case to recover my salary?

In the appointment letter, there is a clause saying that I must work for 2 years, or else pay one month’s gross salary. However, this condition is only mentioned in the appointment letter — I have not signed any bond or agreement on stamp paper. Kindly advise whether I can take legal action against the company, especially since:

• My resignation is not accepted by the employer
• I haven't received my pending salary
• I have not received relieving documents
• I was not confirmed even after 1.5 years
• I haven’t signed any legal bond

Advocate Anand Kumar answered
Whether your employer can refuse your resignation depends on the terms and conditions mentioned in your appointment letter. You must carefully read your employment contract or appointment letter to understand what it says about the resignation process and notice period.

If there is a specific clause that allows the employer to reject your resignation, then they may try to use it. However, if no such clause exists, the company has no legal right to deny your resignation.

Q: Admissibility of photocopy documents as evidence

Can a witness present photocopies as valid evidence in court? What does the Supreme Court say about photocopy evidence? Please refer to relevant case laws. Is a photocopy admissible as evidence?

Advocate Anand Kumar answered
Photocopies are considered secondary evidence, while the original document is primary evidence and is admissible in court. However, if the party claims the original is lost or in the possession of the opposing party and gives notice to produce it, the photocopy may be admitted. You have the right to object to its admissibility at the outset. If no objection is raised, the photocopy will likely be accepted. Feel free to contact me for further discussion.

Q: can employer reject resignation india what are the legalities

can an employer reject a resignation ? What are the legal implications if an employer rejects an employee's resignation?

Advocate Anand Kumar answered
It will depend on what terms and condition your appointment has been done. You need to go through the terms and conditions as set out in your appointment letter. If there is any clause for such refusal in favor of the employer then the same can be done else the employer has no right to do so.

Q: admissibility of mobile conversation in court of law

wife of my son was kept in captivity and was not allowed to go to sasural by her father to launch lucrative "D/V business". [PCR Report is available when she complained to Police]. Thereafter she was bundled into an asylum for 24 days (Report available). After coming from asylum she called my son and narrated the precarious conditions in her house. The question how the said recorded conversation can be made admissible in court. I made transcript printout. Please guide next step to be taken. Thank you for a considered opinion.

Advocate Anand Kumar answered
Telephonic conversation are admissible in evidence subject to its verification of genuineness. It has to be corroborated and is used as corroborative evidence. There are number of judgments of Hon'ble Supreme Court in this regard. Voice has to be identified and the same has to be in compliance of sec 65B of the Evidence Act. You may read Nilesh Dinker Paradkar Vs State of Maharastra (2001) 4 SCC 143. Consult a lawyer.