Subject : Termination of Service
Question : Was working as a Chief Medical Officer in a Charitable Hospital registered under the Societies Act for the past 9 years. I was given termination letter for my service , without any notice or any explanation called for. I have not acknowledged the notice/ letter. Please advise me as to what action I should take ?
Answer by Ambrose Leo : You should immediately issue legal notice as per the terms & conditions of employment service rules,if no service conditions or rules framed then as per the model standing orders as applicable to your Charitable Hospital.Better to consult a Professional senior Employment & Labour and Service matter Lawyer for guidance,help and protection quickly and also to protect your interest on all aspects of the issues.
Subject : Builder not giving bungalow and not responding also after payment was made in 2015.
Question : I had booked a bungalow in dharuheda (Gurgaon) in a project by Parshwanath developers.initial payment of almost 10 lac was made but after that there was no development in the property.I have written several mails etc to them but unfortunately they did not respond.Can you please suggest me the way out.
Answer by Ambrose Leo : What are the terms of handing over the bungalow and time limit.You can Issue a legal notice and demand for the possession of the bungalow as per the terms.
Subject : Builder not giving bungalow and not responding also after payment was made in 2015.
Question : I had booked a bungalow in dharuheda (Gurgaon) in a project by Parshwanath developers.initial payment of almost 10 lac was made but after that there was no development in the property.I have written several mails etc to them but unfortunately they did not respond.Can you please suggest me the way out.
Answer by Ambrose Leo : What are the terms of handing over the bungalow and time limit.You can Issue a legal notice and demand for the possession of the bungalow as per the terms.
Subject : Builder not giving bungalow and not responding also after payment was made in 2015.
Question : I had booked a bungalow in dharuheda (Gurgaon) in a project by Parshwanath developers.initial payment of almost 10 lac was made but after that there was no development in the property.I have written several mails etc to them but unfortunately they did not respond.Can you please suggest me the way out.
Answer by Ambrose Leo : What are the terms of handing over the bungalow and time limit.You can Issue a legal notice and demand for the possession of the bungalow as per the terms.
Subject : Will Deed Schedule
Question : How can I mention the schedule of an apartment in a Will Deed? Do I have to include the (1)Description of entire Property, (2) description of undivided interest and then (3) Description of apartment?
Answer by Ambrose Leo : You have to describe the schedule of apartment with all the details of built up area and directions of open area or adjoining apartment with all the details of the apartment.Better to consult a Property Lawyer to prepare a Will Deed and Register with due witness.
Subject : Termination
Question : Was working in a charitable hospital as a Chief Medical Officer for the past 8 years, registered under Societies Act .Without any notice given or any explanation called for, I was given termination letter , for which I have not acknowledged. Please let me know what action should I take ?
Answer by Ambrose Leo : First challenge the termination notice and follow up the matter before the High Court Bangalore,better to consult a High Court Advocate of expert in Employment & Labour and Service matter to help & protect your employment issue on all aspects under the Act & Applicable Law quickly.
Subject : Was Working as a Medical Officer in Charitable hospital
Question : Was working as a Medical officer in a charitable hospital since 8 years. Terminated from service without any reason nor given notice for termination. How do we proceed ?
Answer by Ambrose Leo : No Employer or Management can terminate without any cause or notice as per the Act.You can reply to the termination notice through your legal Counsel and File a writ Petition in High Court of Bangalore,better to contact a Employment & Labour and Service Matter High Court Advocate to help & protect your employment on all aspects of the issue quickly.
Subject : Arrears of salary payable to a resigned employee
Question : I resigned from a co op bank when only 14 months due for my retirement on health grounds in may 17.our MOS was due since july13 & the new MOS was signed in Oct 17..
As per the clause in MOS ,resigned employee is not eligible to get arrears of salary from retrospective date..
Can I claim arrears of salary from July 13 to Sept 17?What is legal option available for me?
Answer by Ambrose Leo : Your MOS can be challenged in Mumbai High Court as you have opted out of employment on health ground,better to contact a Employment & Labour and Service Matter expert High Court Lawyer to take up the issue on all aspects to claim arrears of salary.
Subject : What is arbitration
Question : What is arbitration and action under arbitration
Answer by Ambrose Leo : Arbitration is dispute resolving mechanism agreed upon by the parties to the contract and specifically stated in the contract. An Arbitrator or No of Arbitrators are provided in the agreement. Arbitrator or Arbitrators to resolve all past , present and future disputes/differences arising from the agreement and resolve the and is binding on both parties as per the clauses of arbitration.
Subject : how on l line board works
Question : i wish to know how on line board works like prioritywise,how manytime listedwise, senior citizen prioritywise, or other way?
Answer by Ambrose Leo : Make yourself your requirement clear, to get advice on all the aspects of the issue.
Subject : Blood stained pills
Question : I would like to know if I can sue Walmart pharmacy for giving me a prescription drug (pills) with blood stains on them??
Answer by Ambrose Leo : You can sue Walmart Pharmacy.You issue a legal notice for Pharnacical deficiency in service and you are entitle to claim compensation & damage under the Act. better to consult a professional lawyer for all aspects of the case to protect your interest quickly.
Subject : Problem in getting refund of land purchase
Question : In my case the land developer has exceeded the originally proposed schedule and also he has changed the originally proposed location. I have chosen not to proceed with the purchase and have sought refund of the amount paid however the seller is making excuses and is not willing to release funds.
Answer by Ambrose Leo : The builder has making excuses not refused refunds,You have to serve a legal notice on all aspects of the originally proposed plan,layout and schedule and claim for refund within a stipulated period or will attract, interest,penalty,damage etc., better to consult a professional Property lawyer to guide & help you quickly.
Subject : Fresh complaint in medical negligence case.
Question : Hon’ble Supreme Court of India has held in Om Prakash Singh v. State of Bihar CRIMINAL APPEAL NO.857 OF 2018 (Arising from SLP(Crl.) No.387/2018) that Second Complaint is Maintainable If There Is Discovery Of New Fact After Disposal Of First Complaint, taking this into account can a medical negligence victim file a fresh complaint against the doctors in consumer court if there is new discovery of facts in his/her medical negligence matter?
Answer by Ambrose Leo : Under the settled law there is always an opportunity to the complainant to explore all aspects of the case particularly in criminal negligence cases.When new facts were discovered during the pendency of a case on adducing before the trail court to establish the negligence in medical & against a medical practitioner. You can take up the case for second complaint before the trail court.
Subject : Regarding payment of wages by government.
Question : Sir
I am a government teacher working in a school .Government has not paid us our monthly salary alongwith other employees citing budget shortage.It has been more than 4 months that we have not been paid salary inspite of giving notices through our teachers union.Sir ,what action can we take regarding this?
Answer by Ambrose Leo : Ans: Under the Payment of Wages Act 1936 every Employer ( includes Govt.,Establishment.) have to disburse Wages to the employees within 10 days of the succedeing month.You can take up the issue colletively with the Asst Labour Commissioner. Under the Act the ALC for State and ALC ( Central ) for Central Govt., is competent authority will issue show cause notice and direct them to release the salary forthwith.
Subject : Regarding payment of wages by government.
Question : Sir
I am a government teacher working in a school .Government has not paid us our monthly salary alongwith other employees citing budget shortage.It has been more than 4 months that we have not been paid salary inspite of giving notices through our teachers union.Sir ,what action can we take regarding this?
Answer by Ambrose Leo : Ans: Under the Payment of Wages Act 1936 every Employer ( includes Govt.,Establishment.) have to disburse Wages to the employees within 10 days of the succedeing month.You can take up the issue colletively with the Asst Labour Commissioner. Under the Act the ALC for State and ALC ( Central ) for Central Govt., is competent authority will issue show cause notice and direct them to release the salary forthwith.
Subject : Regarding payment of wages by government.
Question : Sir
I am a government teacher working in a school .Government has not paid us our monthly salary alongwith other employees citing budget shortage.It has been more than 4 months that we have not been paid salary inspite of giving notices through our teachers union.Sir ,what action can we take regarding this?
Answer by Ambrose Leo : Ans: Under the Payment of Wages Act 1936 every Employer ( includes Govt.,Establishment.) have to disburse Wages to the employees within 10 days of the succedeing month.You can take up the issue colletively with the Asst Labour Commissioner. Under the Act the ALC for State and ALC ( Central ) for Central Govt., is competent authority will issue show cause notice and direct them to release the salary forthwith.
Subject : Regarding payment of wages by government.
Question : Sir
I am a government teacher working in a school .Government has not paid us our monthly salary alongwith other employees citing budget shortage.It has been more than 4 months that we have not been paid salary inspite of giving notices through our teachers union.Sir ,what action can we take regarding this?
Answer by Ambrose Leo : Ans: Under the Payment of Wages Act 1936 every Employer ( includes Govt.,Establishment.) have to disburse Wages to the employees within 10 days of the succedeing month.You can take up the issue colletively with the Asst Labour Commissioner. Under the Act the ALC for State and ALC ( Central ) for Central Govt., is competent authority will issue show cause notice and direct them to release the salary forthwith.
Subject : My brother wife has filed the 498A case directly in Court,,,we didn't get any summon from Court till now,, should we take anticipatory bail in advance??
Question : My brother wife has filed the 498A case directly in Court,,,we didn't get any summon from Court till now,, should we take anticipatory bail in advance??
Answer by Ambrose Leo : Better to contact a Local Lawyer for protecting your interest on all aspects of the case quickly, You should know the case details to defend yourself through your lawyer.
Subject : What should
Question : What precaution should take if there is wife threat that she will file fake case of domestic voilance and send you to jail.
Answer by Ambrose Leo : You should be alert & cautious, better to contact a local lawyer if any indication of complaint before JMFC or Station Officer to protect yourself & others .
Subject : Nsqf vocational trainer in delhi govt schools appointed by companies not get any revision sice last 5 years . Neither get salary on time and now contract terminated on 31/03/20 What to do and which provision of law can help???
Question : Nsqf vocational traine appointed in delhi government school under central scheme of vocationalisation of education..they never get salary on time, their salary not revised since last five years, all are masters and have experience of industries and get salary of 17900 in cash, not terminated their contract on 31 march 2020..they given their peak carreer time ..What to do
Answer by Ambrose Leo : Issue a Legal Notice through a local Lawyer and File a Writ Petition through an Expert Labour Employment and Service Lawyer of your Jurisdiction.Your School Management has not followed the procedure under the provisions of Act and claim benefits as per the provisions of your contract,You have to claim separately under the various provisions of Act .I am expert can issue legal notice and Local Lawyer of jurisdiction can file a Writ petition.
Subject : Nsqf vocational trainer in delhi govt schools appointed by companies not get any revision sice last 5 years . Neither get salary on time and now contract terminated on 31/03/20 What to do and which provision of law can help???
Question : Nsqf vocational traine appointed in delhi government school under central scheme of vocationalisation of education..they never get salary on time, their salary not revised since last five years, all are masters and have experience of industries and get salary of 17900 in cash, not terminated their contract on 31 march 2020..they given their peak carreer time ..What to do
Answer by Ambrose Leo : Issue a Legal Notice through a local Lawyer and File a Writ Petition through an Expert Labour Employment and Service Lawyer of your Jurisdiction.Your School Management has not followed the procedure under the provisions of Act and claim benefits as per the provisions of your contract,You have to claim separately under the various provisions of Act .I am expert can issue legal notice and Local Lawyer of jurisdiction can file a Writ petition.
Subject : can i send a correction notice in a cheque bounce case after the expiry of 30 days
Question : can i send a correction notice after the expiry 30 days statutory period
Answer by Ambrose Leo : Under the Act action to be initiated within 30 days. No action after 30 days only option is to represent the cheque for second time and initiate action within the limitation.Better to consult and take action with the local expert lower of your jurisdiction.
Subject : CHEQUE DISHONOURED PRESENTED BY THIRD PARTY
Question : NEGOTIABLE INSTRUMENT. A BANK CHEQUE HAS BEEN ISSUED IN FAVOUR X BY Y (ORIGINAL OWNER OF THE FIRM). IN TURN X ENDORSED THE CHEQUE FOR PAYMENT TO Z. NOW Z IS THE OWNER FOR THE PAYMENT. AT THIS POINT, CHEQUE WAS PRESENTED BY Z AND WHICH WAS DISHONORED DUE TO INSUFFICIENT FUNDS. IS IT POSSIBLE TO SEEK JUSTICE FROM THE COURT THROUGH FILING A SUIT BY Z ON Y (OGINIAL ISSUER OF THE CHEQUE) TO GET PAYMENT ORDERS.
Answer by Ambrose Leo : Yes .The Holder of cheque in due course can exercise payment of duly endorsed in his favour from Y filing a suit . I am an expert in NI Act in Bangalore can take up .
Subject : CHEQUE DISHONOURED PRESENTED BY THIRD PARTY
Question : NEGOTIABLE INSTRUMENT. A BANK CHEQUE HAS BEEN ISSUED IN FAVOUR X BY Y (ORIGINAL OWNER OF THE FIRM). IN TURN X ENDORSED THE CHEQUE FOR PAYMENT TO Z. NOW Z IS THE OWNER FOR THE PAYMENT. AT THIS POINT, CHEQUE WAS PRESENTED BY Z AND WHICH WAS DISHONORED DUE TO INSUFFICIENT FUNDS. IS IT POSSIBLE TO SEEK JUSTICE FROM THE COURT THROUGH FILING A SUIT BY Z ON Y (OGINIAL ISSUER OF THE CHEQUE) TO GET PAYMENT ORDERS.
Answer by Ambrose Leo : Yes .The Holder of cheque in due course can exercise payment of duly endorsed in his favour from Y filing a suit . I am an expert in NI Act in Bangalore can take up .
Subject : A pending suit to decide weather person will be eligible for pension
Question : During the pendancy if a suit an SBI employee and after retirement in 2 years the employee died ( the suit is still continuing ) After some years the suit got decided and the allegations on the person was removed and the person was reinstated in service and was given a normal retirement. What are some of the case laws on this situation? And iss the employee still eligible for commutation of pension or not ?
Answer by Ambrose Leo : SBI Employee is eligible for Pension as per Pension & Service rules.Once the case decided in his favour and reinstated he is entitled to all benefits,if any issue contact expert in Labour & Employment and Service Rules Expert Lawyer from the panel.I am practicing in Mumbai,Nagpur & Bangalore High Courts .
Subject : Court fees for filing NI 138 In Gurgaon
Question : Can you kindly clarify whether there is a court fee applicable in Gurgaon for filing Section 138 NI for cheque bounce
Answer by Ambrose Leo : For filling NI 138 you have to pay the fees also you have to affix stamp on Vakalatnama as per the Office requirement. Your Local lawyer will arrange along with the case requirement.
Subject : If a landlord is forcing me pay full rent during covid Pandemic
Question : if I have come to my home town and have not being staying in my rented apartment from past 3 months and my landlord is forcing me to pay rent or vacate the house can I take any legal action?
Answer by Ambrose Leo : You can issue legal notice along with the Govt of Karnataka Notification and if need you can contact me I am In Whitefield Bengaluru practising in High Courts .
Subject : If a landlord is forcing me pay full rent during covid Pandemic
Question : if I have come to my home town and have not being staying in my rented apartment from past 3 months and my landlord is forcing me to pay rent or vacate the house can I take any legal action?
Answer by Ambrose Leo : You can issue legal notice along with the Govt of Karnataka Notification and if need you can contact me I am In Whitefield Bengaluru practising in High Courts .
Subject : If a landlord is forcing me pay full rent during covid Pandemic
Question : if I have come to my home town and have not being staying in my rented apartment from past 3 months and my landlord is forcing me to pay rent or vacate the house can I take any legal action?
Answer by Ambrose Leo : You can issue legal notice along with the Govt of Karnataka Notification and if need you can contact me I am In Whitefield Bengaluru practising in High Courts .
Subject : If a landlord is forcing me pay full rent during covid Pandemic
Question : if I have come to my home town and have not being staying in my rented apartment from past 3 months and my landlord is forcing me to pay rent or vacate the house can I take any legal action?
Answer by Ambrose Leo : You can issue legal notice along with the Govt of Karnataka Notification and if need you can contact me I am In Whitefield Bengaluru practising in High Courts .
Subject : is a contract necessary for arbitration
Question : is a contract necessary for arbitration
Answer by Ambrose Leo : Yes Contract is the basic requirement along with the clause for arbitration & conciliation. I am Expert in Arbitration & conciliation matters. If need you can contact me. High Courts Advocate practising in Mumbai,Nagpur & Bengaluru High Courts.
Subject : is a contract necessary for arbitration
Question : is a contract necessary for arbitration
Answer by Ambrose Leo : Yes Contract is the basic requirement along with the clause for arbitration & conciliation. I am Expert in Arbitration & conciliation matters. If need you can contact me. High Courts Advocate practising in Mumbai,Nagpur & Bengaluru High Courts.
Subject : is a contract necessary for arbitration
Question : is a contract necessary for arbitration
Answer by Ambrose Leo : Yes Contract is the basic requirement along with the clause for arbitration & conciliation. I am Expert in Arbitration & conciliation matters. If need you can contact me. High Courts Advocate practising in Mumbai,Nagpur & Bengaluru High Courts.
Subject : Cash payment
Question : As per law above ?20000 cash dealing is not permitted .then why how hospitals take payment. I'm cash.in thousands & lakhs?
Answer by Ambrose Leo : Under the IT Act it is not permitted to accept cash payment of Rs.2,00,000/- & above .They will be answerable & penal clause of IT Act will be enfourced.
Subject : Can NI 138 and IPC 420 be filed together?
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Answer by Ambrose Leo : Yes both the cases ; as you have already filed FIR and you can pursue the IPC case also.
Subject : document registration fee.
Question : On what basis is registration fee charged in respect to family settlement document?
Answer by Ambrose Leo : Registration fees charged as per the State fee structure notified, your lawyer will advise you and receipt will be issued.
Subject : document registration fee.
Question : On what basis is registration fee charged in respect to family settlement document?
Answer by Ambrose Leo : Registration fees charged as per the State fee structure notified, your lawyer will advise you and receipt will be issued.
Subject : Court commissioner
Question : What is the duty & scope of work of A COURT COMMISSIONER
Answer by Ambrose Leo : Civil Matter pending in civil courts for chief witness out station are not able to attend the courts and on the affidavit and request of either of the party before the court the court may appoint a Commissioner and the party to the affidavit have to bear all the expenses provided both the parties agree to the appointment and the court will appoint a Court commissioner to record the statement of the witness before the parties and obtain the signature on the both parties & endorse sign and close the report. Thus it is not local any commissioner out station can be appointed and the court will issue notification with all the terms & conditions ,remuneration and time limit to submit the commission report .
Subject : Want to get separate from Parents.
Question : I am 18yrs old . And want to get separate from Parents. I am doing a job. Can I do so ?
Answer by Ambrose Leo : Yes Under the law Majority person can separate from her parents. You are in Employment and can justify the place of work and your home proximity .