Desiknight9081

Forum Replies Created

Viewing 15 posts - 16 through 30 (of 481 total)
  • Author
    Posts
  • Desiknight9081
    Participant
      D
      Desiknight9081
      PARTICIPANT
      May 8, 2026 at 2:56 am
      Lawyer here. If you had already submitted a formal resignation and continued communicating with the company, treating the matter as abandonment of duty for such an extended period may not be justified. AOD policies are generally invoked where an employee stops reporting without any communication. The employer is also expected to take a clear decision regarding resignation, termination, or continuation of employment within a reasonable time, and cannot indefinitely keep the employee in an uncertain status.

      Since a legal notice has already been sent, the next course of action will depend on their response or continued non-response. If necessary, appropriate remedies may be pursued for issuance of relieving documents, settlement of dues, and formal closure of employment records. From a practical perspective, such disputes do not usually damage future employment prospects where the employee can clearly explain the circumstances and provide supporting documentation.

      Desiknight9081
      Participant
        D
        Desiknight9081
        PARTICIPANT
        May 7, 2026 at 6:06 pm
        Lawyer here. Yes, persistent verbal and emotional abuse within a shared household can fall within the scope of domestic violence under the DV Act. Law recognises emotional, verbal, and mental abuse in addition to physical violence. A complaint can legally be made even against a mother-in-law if the conduct is continuous, abusive, and causes mental harassment. Audio/video recordings, messages, and testimony from family members, neighbours, domestic staff, or other witnesses may support the case. But the overall facts and consistency of evidence will ultimately matter.

        The fact that your mother resides in the shared household owned by the in-laws does not take away her legal right to seek protection or relief. Depending on the circumstances, remedies may include protection orders, residence-related reliefs, restraint from harassment etc. However, in practice, courts usually first attempt to assess whether the matter can be de-escalated or resolved through family intervention or mediation.

        Desiknight9081
        Participant
          D
          Desiknight9081
          PARTICIPANT
          May 7, 2026 at 12:20 pm
          Yes, it may make some difference. While the court may still permit withdrawal of the DV proceedings, a pending perjury application can prompt the court to independently examine whether any knowingly false statements were made during the case. However, perjury proceedings are treated separately from the DV case itself.

          Desiknight9081
          Participant
            D
            Desiknight9081
            PARTICIPANT
            May 7, 2026 at 11:55 am
            Lawyer here. Since the bank has original title documents and has already taken physical possession, your title through the auction sale is generally stronger. However, the pending SA before the DRT is still a litigation risk because the borrower may be challenging the auction process, valuation, notice compliance, or possession proceedings. Registration may still proceed if the bank executes the sale certificate properly, and a registered sale certificate issued pursuant to a SARFAESI auction usually does not require a separate sale deed.

            Before proceeding further, you should get the entire DRT case file and auction documents independently vetted by a local property lawyer. It would help you understand whether any stay order exists or whether there are procedural defects that could later complicate possession, mutation, or resale of the property.

            Desiknight9081
            Participant
              D
              Desiknight9081
              PARTICIPANT
              May 7, 2026 at 11:51 am
              Lawyer here. In proceedings under the DV Act, the complainant can generally seek withdrawal of the complaint. Courts usually permit it unless there are exceptional circumstances suggesting abuse of process or larger public interest concerns. Since DV proceedings are primarily remedial and civil in nature, the court’s focus is often on whether the aggrieved person still wishes to pursue reliefs.

              Mere withdrawal does not automatically entitle the husband or his family to compensation or punitive action against the wife, even if allegations were serious. However, if it can be shown that the proceedings were false, malicious, or instituted with deliberate intent to harass, the affected parties may independently explore remedies such as defamation, malicious prosecution, or seeking costs, though such actions require a high threshold of proof.

              in reply to: Need suggestions on the situation at workplace #77266
              Desiknight9081
              Participant
                D
                Desiknight9081
                PARTICIPANT
                May 6, 2026 at 6:48 pm
                Lawyer here. The company cannot arbitrarily impose salary deductions or mark Loss of Pay merely because internally fixed daily targets are not met, especially when such a condition was never part of the appointment terms. Salary deductions must have a lawful basis and cannot be discriminatory or selectively applied to only certain employees. It would be advisable to raise a formal written grievance to HR seeking clarification regarding the policy, basis of deductions, and selective implementation.

                If the deducted amount is not reversed, you may consider sending a legal notice and thereafter approach the Labour Commissioner or appropriate labour authority for unlawful wage deduction and unfair labour practice.

                Desiknight9081
                Participant
                  D
                  Desiknight9081
                  PARTICIPANT
                  May 6, 2026 at 8:34 am
                  Lawyer here. Under the provisions of the HMA, a Hindu husband cannot legally contract a second marriage during the subsistence of the first valid marriage. Accordingly, if the husband has undergone a second marriage without obtaining a lawful divorce from the first wife, such marriage would be void in law and may attract criminal liability for bigamy under the Bharatiya Nyaya Sanhita.

                  She may also seek appropriate injunctive and protection orders restraining the husband from bringing the second woman into the shared matrimonial household or disturbing her peaceful possession and enjoyment of the matrimonial home. The husband cannot compel the wife to accept cohabitation with another woman in the shared household against her wishes. The wife may further seek orders to safeguard joint funds, restrain misuse or diversion of matrimonial assets, and secure maintenance and financial protection for herself and the minor child.

                  in reply to: My older brother is a threat to our family. #77679
                  Desiknight9081
                  Participant
                    D
                    Desiknight9081
                    PARTICIPANT
                    May 5, 2026 at 8:20 pm
                    Lawyer here. Since he is an adult, your parents are not legally bound to keep him in the house and can ask him to leave and deny him entry, especially given his abusive conduct. You can send a cease and desist notice through a lawyer directing him to stop entering the house, threatening, or assaulting any family member, and warning that legal action will follow if he continues. If he still persists, you can file a police complaint for assault, criminal intimidation, and trespass, and your mother can seek protection orders under domestic violence laws to restrain him from entering or contacting the family.

                    Desiknight9081
                    Participant
                      D
                      Desiknight9081
                      PARTICIPANT
                      May 5, 2026 at 8:05 pm
                      Lawyer here. You can file a police complaint for negligent driving and property damage, which often pressures the other party to settle. If the vehicle is insured, you may initiate a claim through his insurer or proceed with your own comprehensive policy and let the insurer recover the amount. You also have the option of issuing a legal notice demanding payment, which is often effective in resolving such disputes. As a civil remedy, you also have the option of filing a claim before the MACT for compensation, though for this quantum it may be more time-consuming than beneficial.

                      Desiknight9081
                      Participant
                        D
                        Desiknight9081
                        PARTICIPANT
                        April 13, 2026 at 2:46 am
                        Lawyer here. The auditor’s conduct appears to amount to professional misconduct, particularly breach of confidentiality, making inconsistent public statements, and improperly linking release of documents to a separate shareholder dispute. A CA cannot disclose internal financial matters in public or deny a professional relationship where supporting documents exist.

                        You may issue a legal notice seeking explanation and simultaneously file a complaint before the ICAI Disciplinary Directorate with all supporting evidence. The shareholding dispute is separate, and the auditor has no authority to withhold your documents on that basis.

                        Desiknight9081
                        Participant
                          D
                          Desiknight9081
                          PARTICIPANT
                          April 13, 2026 at 2:40 am
                          Lawyer here. This constitutes clear deficiency in service and unjust enrichment on the part of the travel intermediary. Once the amount has been credited to them, any internal delay in processing cannot be used to deny or indefinitely postpone payment to the consumer. You may issue a legal notice demanding immediate refund along with reasonable interest and compensation for harassment. In the absence of compliance, initiate proceedings before the appropriate Consumer Commission seeking refund, interest, and damages.

                          Desiknight9081
                          Participant
                            D
                            Desiknight9081
                            PARTICIPANT
                            May 9, 2025 at 9:44 am
                            Hi. I’m a lawyer here. Why will you forego your dues! Reach out for a clearer explanation or take action.

                            in reply to: Should I file a consumer court case on Phillips? #134
                            Desiknight9081
                            Participant
                              D
                              Desiknight9081
                              PARTICIPANT
                              May 9, 2025 at 9:06 am
                              Hi. I’m a Delhi based lawyer. Try other measures first. Consumer case comes with an expense that you won’t be ready to bear. Legal notice should help.

                              in reply to: Need serious help #231
                              Desiknight9081
                              Participant
                                D
                                Desiknight9081
                                PARTICIPANT
                                May 9, 2025 at 2:36 am
                                Hello there. I am a Delhi based lawyer, with an extensive experience in matrimonial matters. You must not allow her to take another breath in that house, before you contemplate any other legal steps. File a police complaint against him immediately, as there seems to be ample ground for registration of FIR here. Although parties need to live separately for a year before filing divorce, however, in grave circumstances, we can contemplate overcoming that.

                                in reply to: Scam by contractor #382
                                Desiknight9081
                                Participant
                                  D
                                  Desiknight9081
                                  PARTICIPANT
                                  May 8, 2025 at 5:08 pm
                                  No one will register a FIR for this. It’s a civil dispute.

                                Viewing 15 posts - 16 through 30 (of 481 total)