Advocate Muzammil Shaikh

Questions Answered by Advocate Muzammil Shaikh (25+ answers)

Q: Criminal revision Petition Filled

criminal revision petition filled in sessions court anf if one defendant doesnt attend court can exparte be filled in criminal case against one defendant by petioner??. Will that affects other defendants

Advocate Muzammil Shaikh answered
In a criminal revision petition filed in a sessions court, if one of the defendants fails to appear, the petitioner may request the court to proceed ex parte against that specific defendant. However, unlike civil cases, criminal cases have distinct rules, and the proceedings primarily revolve around the interests of justice and adherence to procedural laws. An ex parte order in criminal matters means that the court can proceed in the absence of the non-appearing defendant after ensuring sufficient notice was served and opportunities to appear were given.The ex parte status of one defendant generally does not impact the other defendants in the case directly. Each defendant’s case is considered separately based on their conduct, evidence, and involvement. The court will continue with the proceedings for the other defendants, and they can participate in the trial or hearings as usual. The absent defendant might face adverse findings or limitations in defending their position, but this does not automatically extend to co-defendants. It is advisable for co-defendants to remain proactive and engaged in the proceedings to avoid any complications or delays.

Q: Criminal revision Petition Filled

criminal revision petition filled in sessions court anf if one defendant doesnt attend court can exparte be filled in criminal case against one defendant by petioner??. Will that affects other defendants

Advocate Muzammil Shaikh answered
In a criminal revision petition filed in a sessions court, if one of the defendants fails to appear, the petitioner may request the court to proceed ex parte against that specific defendant. However, unlike civil cases, criminal cases have distinct rules, and the proceedings primarily revolve around the interests of justice and adherence to procedural laws. An ex parte order in criminal matters means that the court can proceed in the absence of the non-appearing defendant after ensuring sufficient notice was served and opportunities to appear were given.The ex parte status of one defendant generally does not impact the other defendants in the case directly. Each defendant’s case is considered separately based on their conduct, evidence, and involvement. The court will continue with the proceedings for the other defendants, and they can participate in the trial or hearings as usual. The absent defendant might face adverse findings or limitations in defending their position, but this does not automatically extend to co-defendants. It is advisable for co-defendants to remain proactive and engaged in the proceedings to avoid any complications or delays.

Q: Full and Final Settlement Dues

My firm is not clearing my Full and Final Settlement, what should I do? It's been 9 months now and no one reverting to mails/calls/texts.

Advocate Muzammil Shaikh answered
I advise that if your firm has not cleared your Full and Final Settlement (F&F) even after nine months, you should first send a formal legal notice to the company demanding immediate payment of your dues. This notice should outline your employment details, the date of your resignation or termination, and the outstanding amounts owed, including salary, leave encashments, gratuity, or any other payments due. Ensure that this legal notice sets a reasonable deadline for the company to respond and settle the dues.If the company fails to act on the legal notice, you can proceed to file a complaint with the labor commissioner or the appropriate labor authorities in your jurisdiction, as they handle such disputes and can facilitate a resolution. Alternatively, you may consider filing a civil suit for recovery of dues or, if applicable, an application in an appropriate labor court for redressal. Keep all relevant documentation, such as your appointment letter, resignation acceptance, pay slips, emails, and correspondence with the company, as they will be crucial in supporting your case.

Q: Termination letter not recieved from office nor submit offer letter.

Since you are also not cooperative in above mails as a result, the company has decided to terminate your employment, effective immediately.We have reviewed the work completed by you, and the following breakdown reflects the progress made, based on which your salary has been calculated. Can this be my official termination and can I join new company

Advocate Muzammil Shaikh answered
I would advise that an employment termination should be carefully reviewed in accordance with your employment contract and the labor laws applicable to your jurisdiction. If the communication you received states that your employment is terminated effective immediately, this could constitute an official termination, provided it complies with the terms outlined in your contract and relevant legal provisions, such as due process and sufficient notice period, if required. It is essential to examine whether the company followed all legal procedures, including providing reasons for termination, opportunity to respond, and any severance pay stipulated by law or company policy.If your termination is lawful and you have not engaged in activities that would prevent you from joining a new company (e.g., non-compete clauses or unresolved disciplinary matters), you are generally free to seek new employment. Before making any decisions, I recommend consulting with an employment lawyer to review the termination letter, assess compliance with labor regulations, and ensure there are no legal hurdles that might impact your future employment opportunities.

Q: Date of birth change in 10th marksheet

The date of birth on the 10th mark sheet is different from that on the Aadhaar card. The limit for changing the date of birth on the Aadhaar card has expired.

Advocate Muzammil Shaikh answered
As an advocate, I advise that when there is a discrepancy in the date of birth between your 10th mark sheet and the Aadhaar card, and the time limit for updating the Aadhaar card has expired, there are still legal steps you can take. First, you should approach the issuing authority for the Aadhaar card, the Unique Identification Authority of India (UIDAI), and inquire about any possible exceptions or special provisions for updating the date of birth, such as through an appeal or additional documentation. If this is not feasible, you may consider obtaining a declaration from a court. You would need to file an application in the appropriate civil court seeking a declaration of the correct date of birth, backed by supporting evidence such as your 10th mark sheet, birth certificate, or other government documents. Once you secure a court order, you can use it to request the UIDAI to update the Aadhaar card or to resolve discrepancies in official records.