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 I was working with PVT Ltd company. But after 1.5 yr company has not confirmed me, actually they have to confirm me after six month from the date of Joining but they have not confirm me & not increase my salary, I resign two time but they have not accepted the same and force me to retian in organization after 1.7 year I have resign but resignation not accepted by employer and not provided me the reliving letter and document also they have not provided me salary for 37 day's can file the police case to get the salary. In appointment letter they have mention that I have to work for 2year otherwise I have pay one month gross salary to the company. but this clause is only on appointment letter, I have not sign any bond or not on any stamp papar. Request you to kindly advise can I file the case against the company.

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 photocopy documents as evidence

If a witness is producing photocopies of the evidence during the case. Will that can be regarded as a valid evidence. What is supreme court judgement on photocopy evidence? Please refer case laws if possible. Thanks.! can a photocopy be used as evidence ?

Advocate Anand Kumar answered
Photocopies are secondry evidence. The primary evidence is the original copy which is admissible in evidence. However if the party states that the original is lost or is in possession of the opposite party and gives notice to produce the original, photocopy may be admitted. However you may raise objection on the admissibility of the same at initial stage itself. If you don't raise then it will be admitted. You may call to discuss further.

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.