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1

Dear Sir,

I will show you a way if you contact me.....as follows



While granting liquidated damages under the employment bond, Courts apart from going into the legal injury caused to the employer also take into consideration factors like actual loss suffered by the employer, period of service already completed by the employee under the contract and other conditions, if any, stipulated under the contract. Only after going into these factors, courts determine the loss suffered by the employer to reach a reasonable compensation figure. For instance, in the case of Sicpa India Limited vs Shri Manas Pratim Deb (MANU/DE/6554/2011), the employer incurred expenses, while imparting training to the employee for which an employment bond was executed. According to the bond, the employee was to serve the employer for period of three years or to make payment of rupees two lakhs to the employer. The employee left the employment within two year of signing the bond. To enforce the agreement the employer went to the court, which awarded sum of only Rs 22,532 to the employer as against the compensation amount of Rupess two lakhs stipulated in the contract. While coming to such conclusion, the Court relied upon the law laid down by Supreme Court regarding liquidated damages. The law with respect to liquidated damages have been crystallized by the Supreme Court vide two landmark decisions. First is the decision in case of Sir Chunilal V. Mehta And Sons, Ltd vs The Century Spinning (1962 AIR 1314), wherein it was held that liquidated damages are not in the nature of penalty and can be awarded as mentioned in the contract if loss from the breach of contract cannot be calculated for the remaining period of the contract. Whereas, in the case of Fateh Chand vs. Balkishan Das (AIR 1963 SC 1405), the provision of liquidated damages in the nature of penalty was held to be void, since the actual damages could be calculated and, thus the liquidated damages were held as the upper limit which are to be paid once the actual damages are proved. Since in the present case the damages could be calculated, Court considered the total expenses borne by the employer and the period of service completed by the employee under the contract and thus, divided the total expenses incurred into three parts for three years and awarded the damages for the remaining one year of the employment due to the breach of contract.
Therefore, from the above discussion, it is evident that employment bond stipulating a specified sum as payable by the employee in case of breach of contract is enforceable only if employer has actually spent money on the employee against a promise from the employee that he or she would not leave the employment for the specified duration and has consequently suffered a loss on account of the employee having received the training and leaving the employment before the stipulated period in breach of the employment bond / contract. With the employees in our country free to decide their employment these bonds play an important role to protect the interest of the employer and enable the employer, in appropriate circumstances, to recover the money spent or incurred by the employer in case of an early resignation by the employee.


2
Dear Sir,

You can contact me and I will show you a way to come out of this situation legally under….


Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

3
Dear Sir,

Such biased interviews being held and the only remedy is approaching the High Court.
The High Court may quash the selections and further order appropriately.

4
Property laws / Society asking for non refundable charges for renovation.
« Last post by NiharikaB on October 19, 2018, 01:11:48 AM »
I submitted an application seeking permission for renovation of my flat (painting, flooring and carpentry work). The secretary informed me that I need to pay certain non refundable charges for the work I want to undertake. He gave me a list of charges, separate charges for every type of renovation like painting for Rs.2500 , flooring for Rs. 8500, carpentry for Rs. 1000, windows for Rs. 750, lift usage Rs. 1000 etc. I want to know is it legal for them to charge so much? I understand paying refundable security deposit but these charges seems arbitrary.

Place: Mumbai
5
Marriage / Re: Dissolve 498a/313 after mutual concent.
« Last post by Vijaai on October 18, 2018, 10:30:05 AM »
Dear kalaskarkk,

Thank you for your advise. Will the proceeding at High Court be fast enough against crpc 482?
6
Employment laws / Recruitment issue in psu pfcindia.com for manager post
« Last post by maddypandey@gmail.com on October 18, 2018, 06:42:59 AM »
I have given manager interview of a govt psu pfcindia.com where there was a written (on last minute) and interview scheduled.
Final result came out and I found that I was not selected for the post (1 no.)
On enquiry through rti I found out that written and interview weight age was 20:30 total marks 50.
I have got highest marks in written 11.6/20 but in interview got least mark of 17/30 hence got overall rank of 6
The person who got selected got 9.6 and 28 marks and secure 1st rank
It is visible  that interviews are not conducted properly and favouritism happens in interview
The criterion by DPE is 80:20 of written and interview. No criterion is adopted. After written no one is eliminated and everyone is allowed to give interview.
Is there any way we can challenge this process
7
Dear Sir,
The High Courts have issued circulars and also the enactment impress upon the judges to dispose the cases as earlier as possible and outer limit for disposal of each category of place is given as below:
Get a time bound order from High Court and see that adultery cases disposed on priority basis by which your brother will get divorce on that ground.

Karnataka Case Flow Management Rules
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.


It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.


Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
8
Marriage / Re: Regarding tests directed by High Court
« Last post by kalaskarkk on October 18, 2018, 01:12:46 AM »
Dear Sir,

You may re-open the same petition but it will took several months time so it is better filed a new petition pleading about inconveniences and seek for necessary reliefs.
9
Marriage / Re: Police Station Jurisdiction for giving complaint
« Last post by kalaskarkk on October 18, 2018, 01:09:41 AM »
Dear Sir,

You have lodge complaint where the girl was enticed. Further the relevant section is reproduced below:
===========================================================================
Section 498 in The Indian Penal Code
498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
10
Dear Sir,

When divorce was obtained you should have produced that copy before their MC Court. However the Lower Courts takes its own time to dispose the cases if you are urgent then you have to shell out maximum amount of monthly maintenance.
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