Advocate Sumeet Mandal

Questions Answered by Advocate Sumeet Mandal

Q: What to do if company is not accepting resignation in india

My Name is I was working with PVT Ltd company. But after 1.5 yr company has not confirmed me, actually they have to confirm me after six month from the date of Joining but they have not confirm me & not increase my salary, I resign two time but they have not accepted the same and force me to retian in organization after 1.7 year I have resign but resignation not accepted by employer and not provided me the reliving letter and document also they have not provided me salary for 37 day's can file the police case to get the salary. In appointment letter they have mention that I have to work for 2year otherwise I have pay one month gross salary to the company. but this clause is only on appointment letter, I have not sign any bond or not on any stamp papar. Request you to kindly advise can I file the case against the company.

Advocate Sumeet Mandal answered
If an employee is facing disciplinary proceedings where dismissal is a possible outcome, an employee may resign with immediate effect rather than face dismissal. Some employers do not like this as it means the employee has swerved valid disciplinary proceedings. It is therefore not uncommon for employers to refuse to accept the resignation and insist that the disciplinary proceedings should continue. Strictly speaking, this is not legally possible. The resignation decision is the employee’s decision alone. An employer can not refuse to accept it. This is no different to dismissal being the employer’s decision, the employee can not refuse to accept that they have been dismissed. However, if an employee does resign with immediate effect pending disciplinary proceedings, the employer can always make it clear that any reference provided to a future employer will state that the employee resigned pending disciplinary proceedings.

Q: Can i claim ownership of land i have used for 20 years in india ?

I got a property in my name but due my works I have to move from one place another for years so i haven't visited my place for years but i pay all land taxes regularly by my self. on the said property my aunty and her children are living from last 20years, can they claim ownership on the property? can someone claim your property if they maintain it ?

Advocate Sumeet Mandal answered
Do you have proper title registration documents like Sale deed or registered GPA.Yes they can also claim the right in property on the grounds of adverse possession for so long but there are many exception in law on the grounds of which you can get ownership back by the help of court judgement.

Q: can employer reject resignation india what are the legalities

can an employer reject a resignation ? What are the legal implications if an employer rejects an employee's resignation?

Advocate Sumeet Mandal answered
If an employee is facing disciplinary proceedings where dismissal is a possible outcome, an employee may resign with immediate effect rather than face dismissal. Some employers do not like this as it means the employee has swerved valid disciplinary proceedings. It is therefore not uncommon for employers to refuse to accept the resignation and insist that the disciplinary proceedings should continue. Strictly speaking, this is not legally possible.The resignation decision is the employee’s decision alone. An employer can not refuse to accept it. This is no different to dismissal being the employer’s decision, the employee can not refuse to accept that they have been dismissed.However, if an employee does resign with immediate effect pending disciplinary proceedings, the employer can always make it clear that any reference provided to a future employer will state that the employee resigned pending disciplinary proceedings.

Q: Procedure to get property back from tenant refusing to vacate it

Tenant is 50 year old. I refuse to accept rent from last 13 year. How can I clame my property back.

Advocate Sumeet Mandal answered
Have you executed any rent agreement or lease deed with him ever ? If yes that we need to see the terms and conditions mentioned therein and if you have not the you have to file a Tenant Vacation Suit in the district court of local jurisdiction of property and after the Vacation order by Senior Civil Judge you can get back your property.

Q: Procedure to follow when cheque gets bounced

Can the above Company be sued under Sec 138, as their Cheque dated 21.09.2017 has bounced for an amount of Rs 1.5 lakh, given as security for the principal amount of the FD made in 2014 for 3 years ? Interest has also not been paid. My bankers  have returned the cheque. I gather the Company has closed this a/c. I represented to the Company in writing on 01.12.2017 after visiting the Company twice,in the meanwhile, as I was not aware that the representation in writing was to be made within 30 days after the cheque was dishonored. Further,I have another cheque dated 30.10.2017 for Rs 1 lakh against another FD which I have not deposited yet,since I learnt from the Company during my two visits that their related a/c had been closed. Please give me your FREE expert legal advice,to enable me to decide further course of action.

Advocate Sumeet Mandal answered
Yes 138 case can be filed in your case, as many investors / builders are facing same circumstances due to the recession situation is real estate market and we are handling same type of cases in same circumstances.