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Topic: Law advice

Question
Aswanth MR

I searched for a work from home platform and got cheated. They first told me that I don't have to pay any money later on an agreement they said I've to pay Rs5999 within 6 days. When I asked them about it they said I could pay it after earning and all the earning platforms they provided were external so i can't earn anything, and now they are saying if i dont pay 5999rs they will pay legal complaint what can i do?

Company Name: Learn and earn 

Reply


This is undoubtedly a scam.If you google it you can find multiple complaints against them. It is advisable to register a complaint with cyber cell.

Topic: Domestic Violence

Question
Anonymous

My husband is insisting on getting a divorce and is going to great lengths to force me out of our home. However, I refuse to give in to his demands as we have young children to consider. What measures can I take to hinder his attempts at removing me from the house?

Reply


You can file a petition under the Domestic Violence Act for a shared household.The order allow you to continue residing in the shared household or any other alternative accommodation provided by the authorities, irrespective of her ownership or rights in the property.Additionally The Act enable youto claim compensation for the losses and expenses incurred as a result of the violence, including medical treatment, damages, and maintenance.

Topic: Service Matters

Question


My case is pending before Central Appellate Tribunal,Delhi. Now I have moved to another city permenantly.Can I file a petition to  transfer the case to the CAT bench where I am currently residing?

Reply
Adv.Swagoti Batchas

Yes, under section 25 of the Administrative Tribunal Act 1985 the Chairnan has the power to transer a case from one bench to another bench on the application of any of the parties.But you must have strong and valid reason and the tribunal must be satisfied by the reason therein.

Topic: Construction Agreement between owner and contractor

Question


What parameters shall be included in Construction agreement between owner and contractor?

Reply
Adv.Latesh Kumar

Date of commencement of work, the length of the project, the anticipated completion schedule. Materials and Description of the work ,Floor plans,elevations and foundations ,all aspects of work like painting,carpentary,electricals,tank,flooring etc,Land development,The payment schedule Requirements for proper licenses, permits, and insurance,Dispute resolution,These important parameters to be included in a construction contract.

Topic: Regularization of temporary workers

Question


I was sponosored by Employment Exchange for temporary job of 179 days in diffrent period for last 20 years under some authorities. From this March onwards I was not appointed in any posts. Please advice me to whom I approach to submit my request to consider me for upcoming posts. Am I eligible for seniority based appointment. 

Reply
Adv. Alexy Sajeev

You can approach your immiediate appointing authority with the grievance.You are sponsored with temporary work for 20 years means you have sufficient seniority to be included in the category of "Regularly Appointed". Moreover the Hon'ble Supreme Court observed that a one-time measure could be conducted for regularizing services of the employees who had completed more than ten years of service.

Topic: Can a divorce be filed outside India

Question
Jessy Jacob

I am currently living in Toronto, Canada.My Marriage took place in my home town in Kollam Dt,Kerala. Now I am heading for divorce from my husband.In that case,can I File divorce petition in Toronto.

Reply
Adv.Swagoti Batchas

The application for divorce can be submitted and finalized abroad, even if the actual wedding ceremony took place in India.
In reference to Section 13 of the Civil Procedure Code (CPC), all foreign decisions are usually accepted and deemed conclusive in India, barring a few exceptions.

As per Section 13 of the Code of Civil Procedures, 1908, a judgment from a foreign court will be considered final and absolute on any issue that it directly resolves between the involved parties or those whom they represent. This applies if they are litigating under the same terms, with the following exceptions: -

  • Where it has not been pronounced by a court of competent jurisdiction
  • Where it has not been given on the merits of the case
  • Where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognize the law of India in cases in which such law is applicable
  • Where the proceedings in which the judgement was obtained are opposed to natural justice
  • Where it has been obtained by fraud
  • Where it sustains a claim founded on a breach of any law in force in India.



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