Advocate Malini Jain

Questions Answered by Advocate Malini Jain

Q: Company didn't pay salary, pf ,tds and also took loan from employees

Hi,My last company didn't pay my salary for 3-4 months, didn't pay pf and tds for the whole financial year. Also, I swiped my credit card for my company so they can clear their dues and they promised to clear my credit card bill in next cycle but it has been more than 12 months, still they didn't clear more than half of the credit card bill. Let me know what can I do to recover my salary here and also my credit card due. I don't have a loan agreement with the company.

Advocate Malini Jain answered
Hello.If the said terms and conditions regarding your salary and other facilities were mentioned in your offer letter, then you first need to make a formal written complaint to the concerned department of your company either on email or in the form of a letter.Then you can send a legal notice, if your company still doesn’t comply with your request.Thank

Q: received a dead smartphone instead of a working phone

hello on 23 september 2023 i ordered oneplus 6 8gb 128gb in fair refurbished condition from well known brand cashify they mentioned that if any problem arise they will refund money but today on 26 September i received the package and for safe side i made video while unboxing the product and here i got scammed i got a dead device which is mentioned on their site that this problem comes under refund policy within 15 days and they are not picking my call i still have 13 days left

Advocate Malini Jain answered
HelloDid you make a formal complaint over an email or a phone or through text to the concerned department of cashify ?If yes, then the next step would be to send a legal notice in this regard.Hope this helps.Thank you .

Q: Process to file a Defamation Suit Across States

My female neighbour has submitted a false complaint that my family members, physically assaulted her, and threatened to kill her and her kids had recorded this whole event. Even the police is not listening to her. Her complaint wasn't accepted because of no evidence as this never happened. She has published this claim in a newspaper as well in Gwalior.Can I file a defamation suit against her to ruining my reputation and demand compensation for 50 lakhs ?

Advocate Malini Jain answered
HelloAs per the definition of the defamation, according to the Indian law existing in this country, since she has made this claim in a newspaper in Gwalior and has come to the public domain, you can very well file a suit for defamation and press for criminal charges against her. Also the first step is to send the legal notice so that you can also file a civil suit also for damages at a later stage along with the criminal charges for defamation, if you want.Thank you

Q: Property Issue- Son asking for unjustified claim

Hello Sir. This is regarding me selling my property and purchasing a new one. My elder son has sent a notice stating that the property is made from the money obtained after sale of ancestral property and asking for claim. The property is mine and not ancestral. Please advise. Thanks

Advocate Malini Jain answered
Hello.If the property is independent and not ancestral, then you can choose whether to give it to an individual like son, daughter et cetera as per your wish.However, if you want to take a preventive measure in this regard, then you can apply for an eviction decree in your favour and against your son; after replying to the said legal notice sent by your son. Thankyou.

Q: Dismissed from service by Border Security Force

I was convicted and punished for four years RI by the session court under section-8 of POCSO act. After that I was dismissed from service by the Border Security Force in 2016. Is there any provision in court of law to reinstate in service? Is there any judgement of any HC/ SC by which apealant reinstated in service.

Advocate Malini Jain answered
Hello As a principle of natural justice and different precedents as set out by different courts of this country, specially the Supreme Court of India, which says and justify reinstatement in services after the convict serves the punishment given by the court of law. However, it also depends on the terms and conditions of the employer and the employment of the specific job profile ; so a thorough reading of the employment conditions along with the judgements needs to be done before reaching a conclusion in your case.Thank you.