Happyshark11

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Viewing 15 posts - 91 through 105 (of 433 total)
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  • Happyshark11
    Participant
      H
      Happyshark11
      PARTICIPANT
      March 20, 2025 at 11:29 pm
      Just one legal clarification: The Supreme Court has held that Freedom of Speech and other rights under Article 19 of the Constitution are guaranteed to all citizens and, can be enforced against private entities.

      However, platforms like Reddit, Twitter, Facebook etc. have the right to regulate & remove content as per their policies. OP has no legal grounds for action against Reddit or the mods.

      in reply to: Legal Notice for Defamation and Reputation Damage #31369
      Happyshark11
      Participant
        H
        Happyshark11
        PARTICIPANT
        March 20, 2025 at 10:51 pm
        Defamation requires a false statement that damages reputation. However, fair criticism based on personal experience does not constitute defamation. Your review appears to be a genuine opinion about the course taken by you, highlighting areas for improvement. Since it does not contain false statements but rather a subjective assessment, it does not satisfy the conditions for defamation.

        You should respond to the legal notice, clarifying that your review is a fair and honest opinion based on your personal experience, which is protected under Article 19(1)(a) (freedom of speech) of the Indian Constitution. You should assert that your statements do not constitute defamation, as they are not false, malicious, or intended to harm the company’s reputation. A firm response will show them that you are aware of your rights and will not be bullied into deleting your fair review.

        Given the complexities of international litigation, costs, and the jurisdictional challenges involved, it is unlikely that the company will pursue legal action against you in India. Even if they initiate proceedings in the UK, enforcing a foreign defamation judgment in India is very difficult, time-consuming, and expensive. Their notice is a deterrent tactic rather than a genuine intent to litigate.

        Happyshark11
        Participant
          H
          Happyshark11
          PARTICIPANT
          March 20, 2025 at 6:15 am
          If your maternal grandfather passed away without a registered will, all his legal heirs, including your mother, will have an equal share in his property.

          Happyshark11
          Participant
            H
            Happyshark11
            PARTICIPANT
            March 20, 2025 at 5:09 am
            Were you made a party to the court proceedings? Stay cannot be granted against you in any case without making you a party to it.

            You should consider challenging it.

            in reply to: Star and daisy scam #31819
            Happyshark11
            Participant
              H
              Happyshark11
              PARTICIPANT
              March 20, 2025 at 2:22 am
              Send them legal notice and file consumer complaint.

              Happyshark11
              Participant
                H
                Happyshark11
                PARTICIPANT
                March 20, 2025 at 2:15 am
                You are free to join any company of your choice, as non-compete clauses are generally unenforceable in courts.

                in reply to: Regarding land dispute #31874
                Happyshark11
                Participant
                  H
                  Happyshark11
                  PARTICIPANT
                  March 19, 2025 at 6:29 pm
                  Shamlat land is, by default, owned by the Gram Panchayat. If a private individual possesses such land, it is either through a valid purchase with government approval or unauthorized encroachment.

                  In an inheritance dispute, if there is no clear documentary evidence proving private ownership of the Shamlat land, initiating court proceedings may be risky and could lead to adverse consequences.

                  in reply to: What are our options in this family Dispute? #31861
                  Happyshark11
                  Participant
                    H
                    Happyshark11
                    PARTICIPANT
                    March 19, 2025 at 6:17 pm
                    Since your grandfather passed away without a valid will, the property will be inherited by all legal heirs under intestate succession as per your applicable family law. Your uncle cannot claim sole ownership, as the earlier will was canceled and holds no legal value. Any sale or transfer of the property would require the consent of all legal heirs.

                    Despite this, your uncle seems to have started the freehold conversion process and obtained an NOC from the society. Normally, all legal heirs need to consent unless the property was already in his sole name, which doesn’t seem to be the case. If the NOC was granted despite the will being canceled, it suggests misrepresentation or procedural irregularities.

                    To protect your rights, send a legal notice to both your uncle and the society. The notice should (1) object to your uncle’s sole ownership claim, (2) demand that the society cancel the NOC, and (3) warn against any further steps toward freehold conversion. You can also file a partition suit to ensure a fair division of the property. Also, if the freehold process was based on false information, you can challenge the NOC in court (If society does not cancel it) and seek an injunction to stop your uncle from misrepresenting the property as freehold or selling it without all heirs’ consent.

                    in reply to: Minor cousin M12 sexually assaulted by another minor 14 #31912
                    Happyshark11
                    Participant
                      H
                      Happyshark11
                      PARTICIPANT
                      March 19, 2025 at 12:45 pm
                      The first step is to file an FIR at the nearest police station. Since the victim is a minor, this case falls under the POCSO Act, BNS, and IT Act, which deal with sexual offenses against children and the circulation of obscene content.

                      The accused, being 14 years old, will be tried before the Juvenile Justice Board. If found guilty, he may face rehabilitation, counseling, or placement in a juvenile home, rather than imprisonment.

                      Once the FIR is filed, the police will investigate and take steps to delete the videos from WhatsApp groups and other platforms. The Cyber Crime Cell can help track and remove the content. If you know which WhatsApp groups the video was shared in, inform the police so they can act quickly. Taking immediate action is important to protect the victim and ensure the accused is dealt with legally.

                      in reply to: Government dept.corruption #32394
                      Happyshark11
                      Participant
                        H
                        Happyshark11
                        PARTICIPANT
                        March 19, 2025 at 7:53 am
                        First, gather concrete evidence regarding the fake bills being created. Once you have sufficient proof, report the issue to the Central Vigilance Commission (CVC) or the State Vigilance Commission (SVC), depending on whether the company falls under central or state government jurisdiction. If high-ranking government officials are involved, consider escalating the matter to the Lokpal (for central government officials) or the Lokayukta (for state government officials).

                        If the company is private but receives government funding, report the matter to the Comptroller and Auditor General (CAG) for financial irregularities and to the Central Bureau of Investigation (CBI) – Anti-Corruption Wing if there is misuse of public funds.

                        If you fear retaliation, you may file a complaint under the Whistle Blowers Protection Act, 2014, which ensures confidentiality and protection for whistleblowers.

                        You may also consider raising awareness through media or social platforms to bring public attention to the issue.

                        Happyshark11
                        Participant
                          H
                          Happyshark11
                          PARTICIPANT
                          March 19, 2025 at 7:35 am
                          You will need to declare the precious metals you are bringing from foreign country and pay the custom duty on it. You will only get caught if you are trying to smuggle the gold without paying custom duty.

                          Happyshark11
                          Participant
                            H
                            Happyshark11
                            PARTICIPANT
                            March 19, 2025 at 7:30 am
                            While verbal agreements can be legally binding in India, they are difficult to enforce without clear proof. In cases like yours, where intellectual property rights and monetization are involved, a written contract is necessary to establish terms. Since you never signed anything, the CMS has no legal authority to retain control over your channel or monetize your videos. Acting solely based on a verbal conversation is unlawful, and their refusal to release your channel is completely unjustified.

                            Send a Cease & Desist Notice to both the CMS and YouTube, demanding immediate removal of your channel from their system and full payment of all revenue earned from your videos within 7 days. Make sure this notice is documented and sent via email and registered post.

                            Also, YouTube has a copyright dispute feature that allows you to challenge unauthorized monetization. File a copyright claim and takedown any videos they are profiting from without your consent. If they still refuse to comply, escalate the matter to YouTube’s Legal Support with proof that you never signed an agreement.

                            Happyshark11
                            Participant
                              H
                              Happyshark11
                              PARTICIPANT
                              March 18, 2025 at 9:30 pm
                              In such a situation, if you intend to take legal action, it is crucial to gather strong evidence to substantiate your dowry allegations before filing a case. While the law generally favors women in dowry-related cases, your in-laws could retaliate by filing a counter-case under the SC/ST Act against you and your family. Both cases would proceed separately, and there is a possibility of arrest, although procedural safeguards exist in certain situations.

                              To protect yourself, it is advisable to secure solid evidence and initiate legal proceedings first. This can help demonstrate that any counter-allegations are retaliatory in nature and meant to harass you and your family.

                              in reply to: I need legal advice regarding my recent job termination #32539
                              Happyshark11
                              Participant
                                H
                                Happyshark11
                                PARTICIPANT
                                March 18, 2025 at 9:19 pm
                                Review the terms of your appointment letter to check the duration and conditions of your probation period. If you were still within probation, the company generally has the right to terminate your employment for poor performance. Performance evaluations are subjective, and employers are not typically required to provide extensive proof. However, they cannot legally force you to resign.

                                That said, if you are within the probation period, it may be more beneficial to resign voluntarily rather than face termination, as this could impact your future job prospects. Focus on securing a new job where you can negotiate a better salary.

                                From a legal standpoint, you are unlikely to have a strong case against your employer. However, after leaving, you could leave bad reviews for the company if you wish.

                                Regarding jurisdiction, why do you think this would go to the consumer court???????? Are you a consumer?? 🤔😂 Depending on the nature of your work done by the company and employment terms, the dispute would either fall under the jurisdiction of a labour court or a civil court.

                                Happyshark11
                                Participant
                                  H
                                  Happyshark11
                                  PARTICIPANT
                                  March 18, 2025 at 9:05 pm
                                  This is most likely a scam involving someone who knows you. Stay calm and think for a moment. Assuming that the loan is legit, even if the caller knew your name and the borrower’s; how would they know the names of your other colleagues? When taking a loan, you don’t provide a list of all your coworkers to the bank.

                                  You should report this to the cyber cell of the police.

                                Viewing 15 posts - 91 through 105 (of 433 total)