Advocate Rajesh Kumar K

Questions Answered by Advocate Rajesh Kumar K

Q: Atrocity case in court , police have asked for video recording ?

Hi Gurus, I had filed a atrocity case against my employer after multiple attempt , Since he had insulted me and my caste , when i had approached him to process my notice period salary. Finally there was a case registered , i had appeared in the court before judge and said my concern. On checking my Case status , It is ordered.( i can send you the copy) Now, recently ACP of my dividison , calls me up and said , i have to give the video recording of what had happened. I am not sure , why police are back , when the case is in court. I had visited to acp police station alone , when he said video recording i was afraid or not sure what to do . I just slipped away from there with out informing. Please help me. to understand , is it normal . or i am being targetted. Regards, Chethan +91 9886798234

Advocate Rajesh Kumar K answered
Hi you are being targeted by the police. looks like your employer has adjusted with them. in the next date of hearing inform to the judge about this illegal action carried out by the police and reveal the names of such officers. court will summon such office and reprimand them and warn their higher officers to take action against such officer.

Q: can self hand written lettersay she gave bribe for loan is evidence

government employeeಆಗಿ ತನ್ನ ಹೆಸರಿನಲ್ಲಿ ಯಾವುದೇ siteಇಲೢದಿದ್ದರು ಮನೆ ಕಟ್ಟಲು ಎಂದು ಸುಳ್ಳು ಕಾರಣ ಬರೆದು ಸಾಲ ಪಡೆದು ತಮ್ಮ ಸ್ವತಃ ಬರವಣಿಗೆಲಿ ಲಂಚ ಕಟ್ಟಿದೆ ಬರೆದಿರುವ ಪತ್ರ ಭ್ರಷ್ಟಾಚಾರ corruption evidence ಆಗಿ ಬಳಸಬಹುದ. is it sufficient evidence with document she has no sites in her name and she has not informed department about having any sites in her name .

Advocate Rajesh Kumar K answered
why do you want to file this complaint. the loan is taken from the bank and hence it is the duty of the bank to carry out proper scrutiny of the documents before sanctioning the loan amount. if you are interested you need to bring this fact with the bank and if bank is interested it will take necessary action

Q: The company isn’t accepting buyout option and forcing to serve notice

I am willing to serve 30 days notice and buying out the remaining days. But the employer is not agreeing. Below is the contract statement used by them. “In the event of the company deciding to terminate your services at any time after confirmation, the company shall give you 21-days’ notice of termination or 21 day's salary in lieu of 21 days’ notice. If you desire to leave the service of the company before or after confirmation, you shall give 45-days advance notice, or 45-days salary in lieu of notice period of your intention to leave the services of the company. The company will not permit adjusting your leave towards notice period. However, it shall be open to the company to waive the notice period unilaterally and accept your notice of resignation as itself. Such acceptance of your notice of resignation as resignation itself by waiving the notice period shall not be construed as termination by the company.“

Advocate Rajesh Kumar K answered
Hi as per the employment clause, you can buy out the notice period of 45 days. since you are ready to serve 30 days notice, remaining 15 days can be paid by your towards shortfall of notice period. contact me for any help.

Q: Terminated from employment due to economic slowdown

I am currently employed in a japanese MNC, I will be terminated next month that is on march 15 i will be completing 6 months in this company next month and i am still on probation. According to new bill passed by central government a compensation of 9 months should be given to the employees? So how do i proceed with this sir?

Advocate Rajesh Kumar K answered
Hi, The bill is passed in Rajya Sabha and yet to become an act. Hence you have no option to take shelter under this bill. Once the act is passed then we need to see it's applicability whether it's retrospective or prospective.

Q: Is posting audio clip in my own what's app is legal.

My husband has adultery he has spoken to lady and had recorded there conversation. Some how I took it now If I post that audio on my own social media wil I be punished according to law. I need to post it because he and his parents are blaming and blackmailing me. So I thought of posting it. Can I post it on what's app

Advocate Rajesh Kumar K answered
Hi.. You have got hold of the private conversation between two individuals. As a third person you have no right to access such private interaction. It amounts to breach of privacy and violation of constitutional rights under Article 21. By your actions your husband or his family or the lady may bring a suit of action in the court of law against you. Hence, do not indulge in publishing it in social media. You can only use such evidence in the court of law, in case you file a suit against them for appropriate charges.