Advocate Subodh Kumar Kaushik

Questions Answered by Advocate Subodh Kumar Kaushik

Q: Gave friend to money half of it returned now not returning remaining

Hi There, I gave X amount to a friend via bank transfer. Within month the friend returned the half of the money via bank transfer and requested if rest she can give me half of the amount later , to which i obliged. Money was transferred in Sep 2012 and half was given back in December 2012. I left the country in Jan 2013 and came back in Dec .2016. The friend also left the country in year 2014 and is in US. During this period i kept sending mail, requesting for payment , to which she said she is trying to arrange the money , but 4 years are gone, and she still gives some excuses. All communication are on mail. I know the family. What chances i have here to get the money back via legal way. Thanks in Anticipation

Advocate Subodh Kumar Kaushik answered
HI , I NEED TO KNOW SOMETHING MORE FROM, YOUR SIDE .1 IS SHE IS THE PERMANENT CITIZEN OF US OR NOT. WHAT WAS THE FULL AMOUNT WHICH IS IN QUESTION. I MUST SAY THAT THERE IS LIMITED SCOPE IN THIS MATTER.

Q: Wrong feedback given to my present employer by my ex employer

Hi Sir/madam My Name Is Amit Kumar Pandey and i was working with Genpact for almost 4 Years .However ever due to more leaves Genpact had terminated my services and then they gave me relieving letter .Now when i joined a new company then they gave a negative feed to my current employer as not good in performance which was complatelty incorrect.As i was top performer in Genpact and feedback was being closed on monthly basis as very good performer.Instead of mentioning the reason for leaving was leaves they are giving worng feedback about my performance .I need a solution so that i can sue them .

Advocate Subodh Kumar Kaushik answered
hi, YES U CAN SUE THEM ON THE BASIS OF THAT,WRONG INFORMATION GIVEN BY YOUR EARLIER EMPLOYER TO YOUR PRESENT EMPLOYER.U CAN ALSO SUE ,THAT IT TO THE PERSONAL LEVEL.MEANS ACT DONE IN THE BAD INTENTION.

Q: If a relative has to gift a flat what amount of tax do I have to pay

My brother in law wants to gift me a flat which was bought in 2014. Can he does registration without money transaction?

Advocate Subodh Kumar Kaushik answered
YES, U CAN.THIS ACT DONE BY THE WAY OF MAKING A GIFT DEED. IT CAN BE GET REGISTERED WITHOUT MONEY TRANSACTION. BUT THE MAIN LEGAL POINT IS THIS ,THAT ABOVE MENTION PROPERTY IS OWNED ONLY IN THE NAME OF YOUR BROTHER IN LAW.

Q: Compensation for termination of employees in private sector

I have been working as AGM Administration for 15 years with Canadian Engineering firm, I am regular employee. I have salary slips, PF contribution slip, appointment letter, salary revision letters, performance letters etc. As per the appointment letter 2month notice is either side. Company is planning to reduce employees from January. In such case If company terminates employees whether employee is entitled for any compensation or not. Two month notice salary is OK. Can I claim for 15 month salary as a compensation, is there any law. Pease advise. 

Advocate Subodh Kumar Kaushik answered
NO, AS PER THE APPOINTMENT LETTER YOU CANNOT CLAIM FURTHER 15 MONTH SALARY FOR ANY COMPENSATION WHEN IT IS CLEARLY MENTION IN THE APPOINTMENT LETTER THAT 2 MONTH NOTICE FROM THE EITHER SIDE WHEN COMPANY ALREADY FULFIL AS PER THE CONTRACT.

Q: Dental Injury held at company's cafeteria what can be done

Dental Injury held at company's cafeteria due practice of food adulteration, It's been over 7 months company made me detour and after resignation they refused to their commitment , they confirm payment release was completed on 30th Dec through RTGS to my doctor account. However it bounced . What can be done ?

Advocate Subodh Kumar Kaushik answered
THIS IS RIGHTLY MENTION IN THE FOOD AND ADULTERATION ACT.THAT THE ,ANY ADULTERATED FOOD WHICH IS INJURIOUS TO HEALTH ,SERVED BY ANY CAFETERIA SHOULD BE PUNISHABLE UNDER THIS ACT FINANCIALLY AS WELL AS PENALL.Y