Advocate Narendra Singh Jadon

Questions Answered by Advocate Narendra Singh Jadon

Q: Hello sir, \nI am staying in a private hostel in kota from 10 days and have food quality related and

Hello sir, \nI am staying in a private hostel in kota from 10 days and have food quality related and hygiene issues. So I want to leave hostel. But the honour denied to refund security money. I don\'t know whall shall I do? Please guide me.\nThankyou

Advocate Narendra Singh Jadon answered
Hello, I understand that you are facing some issues with the food quality and hygiene in the hostel you're staying in Kota, Rajasthan. You have also mentioned that the owner of the hostel is refusing to refund your security deposit despite your request to leave. In this case, you can approach the relevant authority under the Hostel Act of Rajasthan, which is the Rajasthan Hostel and Residential Accommodation Act, 2019. As per this act, the hostel owners are required to maintain certain standards of hygiene and are responsible for providing healthy and nutritious food to the residents. You can approach the District Magistrate or the Sub-Divisional Magistrate of the area where the hostel is located and file a complaint regarding the poor quality of food and hygiene. The authorities can investigate and take appropriate action against the hostel owner if found guilty. In terms of the security deposit, you can check the terms and conditions of the agreement you signed with the hostel owner while taking the room. If there is any clause related to refunds, you can approach the owner and negotiate for a refund citing the unhygienic conditions and food quality issues as valid reasons. If the owner still refuses to refund, you can approach the Consumer Disputes Redressal Forum as per the Consumer Protection Act, 2019, to file a complaint against the hostel owner. I hope this helps you with your issue.

Q: Briefly the matter is that on 30th May 2023, I received an email from HR team that the CTC is going

Briefly the matter is that on 30th May 2023, I received an email from HR team that the CTC is going to get restructured and new structure will be effective from 1st June 2023. This restructuring is happening pan organization. It will reduce fixed component and will increase the variable part. Is it legal? Can a company make such changes without the employee\'s consent?\n\nTo help you understand the situation better let me give you complete walk-through.\n\nFirstly, I would want you to know that

Advocate Narendra Singh Jadon answered
According to the Indian Contract Act, 1872, any changes made to a contract requires mutual consent of parties. Additionally, the Industrial Disputes Act, 1947 provides regulations on the alteration of an employee's conditions of service. In this case, the change in compensation structure by the employer appears to be a unilateral decision without the consent of the employee. Whether such action is legal or not would depend on the terms of the employment contract and any applicable laws. If the employment contract contains a clause allowing for such changes with notice, then the company may be acting within its legal rights. However, if there is no such clause in the contract, then the employee can challenge the company's decision. Jurisdiction of the court would depend on the amount of compensation loss suffered by the employee due to restructuring and the hierarchy of the employer. The employee can approach the Labor Court or the Industrial Tribunal in case of a dispute.

Q: I am Aditya sinha, 17 year old preparing for jee in kota. Tonight I was on my way from Institute to

I am Aditya sinha, 17 year old preparing for jee in kota. Tonight I was on my way from Institute to hostel at 9:10pm, I got beaten by 6 men in 3 bikes. They attacked me and ran away quickly on their bike. When they hit me, my spectacle fall that\'s why I can\'t see their no. Plate. After that I was in shock then I quickly ran away to a safe place nearby. I am asking this now at 2:38 am because I can\'t sleep by that incident. What should I do now.

Advocate Narendra Singh Jadon answered
I am sorry to hear that you have been physically assaulted by a group of individuals while walking on the street. In this case, you have two options to proceed, first is the criminal complaint and the second being the filing of a First Information Report (FIR). Under the Indian Penal Code, the assault is considered a criminal offense, and the perpetrators can be held criminally liable under section 351 of the IPC. The punishment for an individual convicted for the offense of assault can range from one to three years in prison and payment of a fine. To initiate criminal proceedings you can file a criminal complaint before the local police station where the incident occurred. You should provide the details of the incident when filing the complaint, along with the identity of the assailants if possible. The police will then start an investigation after verification of the details provided and take appropriate action. Alternatively, you can also file the First Information Report(FIR) with the police. The FIR includes the details of the incident and the identity of the assailants if known. I advise you to act quickly and consult with a qualified lawyer who can guide you through the process of filing a criminal complaint or FIR. You can also seek medical aid and have a medical examination done to evaluate the extent of your injuries.

Q: No chargesheet filed after 2 years

I have a situation where i have filed a FIR in 2020 and chargesheet is not yet filed. The accused is still protected by anticipatory bail. Now, in 2023, \ni moved an application to the magistrate for expeditious investigation & filing of chargesheet, she called for a status report, but, averred that she can’t force the police officer to file the chargesheet. What should i do now, since i want the trial to commence.

Advocate Narendra Singh Jadon answered
Under Section 173(2) of the CrPC, once the investigation is complete, the investigating officer shall submit a report to the Magistrate, who shall on consideration of the same, either direct further investigation or file chargesheet if he is satisfied that a prima facie case is made out. Therefore, in your case, if the investigating officer has not filed the chargesheet within the stipulated time under CrPC, you can file an application under Section 156(3) of CrPC before the Magistrate for directing the investigating officer to complete the investigation and file the chargesheet. If the Magistrate is satisfied then he may direct the concerned police officer to file the status report and may also issue necessary directions for carrying out the investigation. If the chargesheet has been filed and the accused has been granted anticipatory bail, you can approach the court for the cancellation of anticipatory bail under Section 439(2) of CrPC.

Q: Colony People are stopping kids to play cricket in park

Hello, Me and my friends play cricket in colony park and some people stop us from playing they every time says that they will call police and police will beat or put us in jail and but children or grand children of these people are allowed to play Is there any solution to this

Advocate Narendra Singh Jadon answered
yes, yes there is solution to this. infact there are previous high court judgements regarding the same issue which you are raising.before giving advice I need answers of some of my questions which are necessary to give you a valuable advise.