Advocate Pradipta Nath

Questions Answered by Advocate Pradipta Nath

Q: Query regarding Maternity Benefit

My wife is an Indian Railway employee. She had one history of previous miscarriage at 26 weeks. So she did not have the oportunity to apply for maternity leave. Now she is pregnant of 32 weeks. Can she avail 180 days maternity leave. Maternity benefit counts of living child or total no of child.

Advocate Pradipta Nath answered
Yes definitely your wife can avail the maternity benefit. The maternity leave is guided under the The Maternity Benefit Act. No employer can reject the maternity leave of an employee. Ask your wife to speak with the personnel manager and apply for the leave. Please ensure you have a proper Doctor certificate or documents.

Q: Can court send summon to accused person friend

My friend have been accused for domestic violence by his wife. He recently came to my flat to meet me up and we also took a selfie together.Can court send me summon without my consent, if my friend shares the address and selfie with them?nIf yes, how to get rid off that?

Advocate Pradipta Nath answered
The court cannot send you a summon if there is no allegation against you or you have not been provided as a witness in a case. You can have friends and hangout with them. Taking a selfie with a person who is an alleged accused is of no offence. The proceedings under PWDV Act are quasi criminal in nature.

Q: Financer is under process of Insolvency and Bankruptcy

I have borrowed loan from a reputed NBFC nBank and outstanding till today around 12 lakh. The bank duly filed a case under section 138 (cheque dishonour case) on 2018. But the NBFC Co. is under Insolvency process. So my question is (a) the cheque bounce case will automatically withdraw, or (b) how can I settled my dues with bank in one short payment. nOr, no payment is to be necessary. nPlease advice me.

Advocate Pradipta Nath answered
If the claim is bonafide, you are required to make the payment. The fact that nbfc is under the insolvency process, is irrelevant. However the Court encourages mediation, you can give the proposal to the bank.

Q: I want to open joint bank account with my mother who is a housewife

I want to open joint bank account with my mother who is a housewife(no income source). I want to take benefit of Senior citizen FD and want to transfer my money and open FD in her name in the joint account. Since she doesn't have any income, so interest proceeds would be tax free. I want to understand the legal aspects of this. Is transferring money from my own account to joint account is legal? Is opening FD in my mother's name is safe and can I withdraw it later to my account? Is a gift deed required to transfer my money to my mother's joint account?

Advocate Pradipta Nath answered
Yes it is legal. You can be the joint holder in the fixed deposit, but in the first number you need to put your mother's name to get the benefit. Your mother will have to file 15H for tax exemption. No gift deed is required to make this.

Q: Unauthentic orders not to continue school

I'm 47.I have been working as the Principal of a school since 2009 . The school used my name to get CBSE affiliation for secondary and senior secondary examination. My particulars are uploaded in CBSE government saras affiliation form . The regional office is Bhubaneswar. On 21st of December 2022, the secretary of the school texts me on WhatsApp ordering me to discontinue my service right from that date. I emailed the office on 23rd of December 2022 requesting for documentation t so that I'm given the opportunity to be heard by the competent authority stating the reason of my dismissal through due disciplinary proceedings. The office has not responded yet. My retirement date as uploaded in the CBSE affiliation form is 31st December 2035.

Advocate Pradipta Nath answered
You need to keep the watsapp chat of the secretary. You can send legal notice from an Advocate. Further you need to file a declaration suit praying the Court for declaring your termination as illegal. Your termination is illegal and there are settled case laws from Justice Ranjan Gogoi.