Advocate Brij Bhushan Singh

Questions Answered by Advocate Brij Bhushan Singh (25+ answers)

Q: Legal action against employer for not giving relieving letter

Dear Sir, I worked for a company as a Software trainee in Jaipur two years back(Jan 2015 - Nov 2015) for 11 months, and due to some salary issue I resigned the company without surviving notice period. After leaving that company i joined one other org(Nov 15 - current) in Jaipur only. Now again I am looking for a change and selected for one reputed software company for Mumbai location. I am on notice period with my current employer and joining next company in few days. So at the time of my potential new employer's BGV they are asking for relieving letter from my ex employer, without relieving letter they wont onboard me. So I contacted to my ex employer's HR and asked her for the same but she is denying me to give relieving letter. Even I am ready to pay for my notice period amount salary but still she is not supporting me in any way. She has just marked me as absconded from the services due to not completing exit process. what to do if company is not giving relieving letter, Please suggest me how can I get my relieving letter after 2 year

Advocate Brij Bhushan Singh answered
Issue a notice for demand of justice to the employer mention ing all the facts. If there is an agreement between you and your employer arbitration clause should be therefollow the arbitration clause or file a civil suit for redress your grievances.If the organisation is govt body file an application in the service tribunal.

Q: 498a quashing and filing of chargesheet

A FIR under IPC 498a 406 504 506 was registered against me and parents in June 2021. I have approached Raj HC for quashing u/s 482 crpc. The HC while accepting the petition issued a stay on arrest order, also stating that petitioners are needed to join the investigation. We joined the investigation and it is now complete. Also, the Quashing case is still pending in HC. nMY QUESTION - Can the police file the chargesheet while 482 crpc is pending in HC? If yes, is it the general practice followed in Rajasthan?

Advocate Brij Bhushan Singh answered
if further proceeding in FIR has not stayed....police can file chargesheet.after complition of investigation police is duty bound to file chargesheet.mere pendency of a petition before court does not refrain police to file chagesheet before competent court

Q: Objections that can be raised in the process of court marriage

Sir/Madam , I am Shakti. I am 18 years old and I am in a long term relationship with a girl. Both of us had decided that we are going to spend life with each other after we attain the legal age for marriage. I am having doubts that really dissolve my mind. I want to know what types of objections may be raised in the process of inter-caste court marriage in the time interval of 30 days. And how to get rid of those problems. If someone goes against our decision then will it be always justifiable or it will be decided by the marriage officer. I will really appreciate the help provided.I am from a Hindu family and my partner is also Hindu. We both are OBCs.Thank you.

Advocate Brij Bhushan Singh answered
you can get marriage as per special Marriage Act aur Hindu Marriage Act both aar valid you can get marriage in arya samaj and may registered in the office of marriage registrar.but before get marriage you have to ensure the the girl may not make any statement against you before the police...

Q: i want to sue flipkart because they canceled my order without any reas

I ordered shoes from Flipkart on 23rd may 2019 and on 4th June 2019 they canceled my order can I sue them?

Advocate Brij Bhushan Singh answered
you can file a complain before district consumer redressal forum and claim the compensation against the Flipkart or Amazon who have cancel your order . The action of company is against the your consumer right.....and such action is deficiency of services

Q: About divorced reservation in Rajasthan government

Mrs. X applied in ANM vacancy in August 2018 with divorced certificate. Than she again got married in Nov. 2018. The selection process starting now from June 2019. The result will be declared after 2 month. Now my quary is that in selection procedure mrs. X eligible for divorced couta /reservation or not. She got married again before final selection

Advocate Brij Bhushan Singh answered
the law relating reservation in government services in Rajasthan is very clear that at the time of submission the application the condition of eligibility shall be full filled.....in your case you were divorced at the time of filing the application from there fore there is no any problem to get the job in the divorced quota