Advocate Lingesh KC

Questions Answered by Advocate Lingesh KC

Q: Compromised cheques given by builder bounced case in court

Builder gave compromised cheques in consumer court- all of them bounced-hearing for these bounced cheques is also coming next month-1) what can be expected if builder says he can't pay money nor has any property to pay. 2)if builder is send to jail- does that mean he need not pay back the money.

Advocate Lingesh KC answered
you can file a Private complaint case against the builder under section 200 of Cr.P.c in 138 of Negotiable Instrument act. after filing the case the builder has to appear and he will repay the cheque amount. or else you can approach the consumer appellate authority seeking the execution of decree. definitely you will get success

Q: Procedure in case the cheque drawer does not attend court hearings

i have a check,i am in nandyal which is AP and the drawer is in bangalore.if i file case against him a check bounce case in my town then if does not attend to to the court hearings,what will happen to my petition.will the proceedings move on or case will be postponed.pls tell me as early as possible.

Advocate Lingesh KC answered
you have to take a summons to the accused if the summons served to the accused. very next date the accused has to be attend before the Hon'ble court. if not again you have to take the Non bailable warrant against the accused through Superintendent of Police concerened accused resident Jurisdiction.

Q: Legal ways if company not settling provident fund of my father

My father has been retired last year from a company (Indiranagar) but they are not helping out or trying to settle my father's Provident Fund amount. Company is not bothered about my father's PF... Can U please suggest any other ways???

Advocate Lingesh KC answered
you are not mentioned the city name. or you are not given the PF Account number/ UAN number which is allotted to your father. you can approach the Regional Provident commissioner in this regard for that you have to take the pf account no. and one cancelled cheque and other requirement ask by the RPO for concerned jurisdiction officerthanking you

Q: Employer refused to give relieving letter after serving notice period.

hi sir i have worked in an private organisation and i had resigned and served notice period for three months after everything employer not ready to give relieving letter

Advocate Lingesh KC answered
sir,you can complaint with the local jurisdiction Labour officer/ labour Inspector to seek the reliving letter along with the notice period salary + any other benefitts which has to be get from your employer from your employer. the labour officer / inspector will recive your complaint and acknowledge the same and issue the notice for your employee to issue relive letter. after that only your employer will issue the reliving letter thanking you

Q: What is the Work Hierarchy at Work Place

I am working as Assistant Professor-cum-Statistician In a medical college. Its a group A post. Since I am a non medical faculty (M. Sc. & PhD), my HOD don't give me due respect to my cader and ask me to do work and take the signature of other Assistant Professor on my work. Is it correct? Is the seniority is as per the qualification or designation and duration of service. I don't like this and feel harassed. Can a group A faculty be treated as supportive staff under a person with same designation and cader means same grade pay but different qualifications? Others are mbbs and MD. How the law will look into this situation.

Advocate Lingesh KC answered
first of all you are not mention the detail about the collage, whether is it Govt., or private autonomous body. next based on your work you can ask for the explanation from your HOD regarding the work done by you and signature by others. whether your job is confirmed or not you can approach to the higher authority regarding the harassment given by the HOD.in law if the person having the same cader but different qualification is not acceptable if the person get promotion then only they can be treated as same cader but different qualification