Advocate Kunwar Singh

Questions Answered by Advocate Kunwar Singh

Q: Civil Case from employer under law 1908 section 9

First let me brief my case.I have been working on an organization for 2.5 years whose main office is in Gujarat and I am working in haryana in a branch office. 1.5 year before they were going to close their office in haryana and so they didn't pay my salary for 5-6 months and terminate me. On this I have put up my case on labor court just after 8-10 months. Now when my case summons reached to Gujarat office, the gujarat owner put up a case against me in civil court under 1908 section 9 stating that I didn't worked for all those time, due to which he loses some business which gives him a loss of around 30 lac. For this he registered a civil case in Gujarat court.Now my questions are:1. Can he put up a civil case where I already puts up a case against him before his case?2. If we get any summon related to Gujarat case then can we reply them through post/ email as we cannot travel to Gujarat every time?3. Can an employer puts a civil case on his employee even after 10 months of term

Advocate Kunwar Singh answered
1. ideally case should be filed in Haryana, A case can be filed in Gujarat only if any act of transaction between you took place in Gujarat. 2. No. you have to engage a lawyer and respond. an application for rejection of case can be filed. 3. yes. for civil case there is three year limitation period.

Q: Any person fill a 420 case in 156/3 crpc on his wife in india. It's valid case or court will be disp

Any person fill a 420 case in 156/3 crpc on his wife in india. It's valid case or court will be disposed off..what is the steps which needs to take on this case.

Advocate Kunwar Singh answered
both things are different. under 420 IPC com plaint for cheating is filed before police . however under section 156 3 of CRPC an application before the court for monitoring police investigation

Q: What is the time period that to take the matter of cheque bounced

What is the time period that one can take the matter up of a bounced cheque.

Advocate Kunwar Singh answered
Within 30 days notice of demand u/s 138 of Negotiable Instrument is to be sent granting 15 days time for payment. In case the party fails to make payment within the stipulated time. A complaint case has to be filed with a month thereafter.

Q: What is the time period that to take the matter of cheque bounced

What is the time period that one can take the matter up of a bounced cheque.

Advocate Kunwar Singh answered
Within 30 days notice of demand u/s 138 of Negotiable Instrument is to be sent granting 15 days time for payment. In case the party fails to make payment within the stipulated time. A complaint case has to be filed with a month thereafter.

Q: Complaint against employer for not paying salary due for 4 months.

Hi, I have not been paid by 4 mths salary by my current employer, he doesn't refuse but are not paying even. Please help.

Advocate Kunwar Singh answered
You must immediately issue him the legal notice. You may further file a suit or approach Labour court/commissioner for recovering your dues with interest and penalty. The jurisdiction will be determined depending upon your designation and the nature of employment you are in to.