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Old 14th June 2016, 23:06   #166
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Couldn't find a better thread, so asking here. Does anyone has a contact of a professional who can evaluate/authenticate antique items? A friend of mine has inherited something which he believes to be worth big bucks and wants to find the actual value.

And is there any law preventing antiques over 100 years old to be sold outside India?
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Old 11th August 2016, 00:12   #167
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A quick question for lawyers out here.

I understand that as per IT law (or amendment), email/SMS/MMS are considered valid/legal modes of communication.
Does the act (or any other rule) prescribe communicating through Facebook/Whatsapp also as a valid way to communicate?
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Old 23rd August 2016, 22:30   #168
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Originally Posted by deepv View Post
A quick question for lawyers out here.

I understand that as per IT law (or amendment), email/SMS/MMS are considered valid/legal modes of communication.
Does the act (or any other rule) prescribe communicating through Facebook/Whatsapp also as a valid way to communicate?
As I understand, no law expressly prescribes that email/SMS/MMS are valid modes of communication. Similarly, no law prescribes that communicating through Facebook / Whatsapp is a valid way to communicate. The better way to put it legally is, for e.g., "Whether a message sent through whatsapp would be legally admissible in a court of law?" and the answer to it would be Yes, provided the conditions provided in the Evidence Act, amended by the IT Act are met. I hope this helps.
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Old 23rd August 2016, 23:52   #169
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Originally Posted by deepv View Post
A quick question for lawyers out here.

I understand that as per IT law (or amendment), email/SMS/MMS are considered valid/legal modes of communication.
Does the act (or any other rule) prescribe communicating through Facebook/Whatsapp also as a valid way to communicate?
In the event a litigant chooses to rely on electronic communication for the purpose of leading evidence in a trial, the said litigant is at liberty to file the email trail, whatsapp chat extracts, Facebook posts, etc along with an affidavit under section 65b of the Indian Evidence Act. In order to render the electronic evidence admissible in the Court of law , the contents of the affidavit should sufficiently state that the extract filed in evidence has not been tampered with in any way. The affidavit itself should be signed and filed in the name of the person who operates the computer in question and basically contains statements to the effect that the computer was used only by the authorised person and there has been no tampering/manipulation of the information and the printout corresponds to the electronic record and nothing has been added or subtracted. However, the affidavit is only to preserve the integrity of the electronic record and rule out tampering / manipulation. The importance of the electronic evidence and it’s value in the decision of the case would be examined by the Court in the specific light of the facts of the case.

Hope this helps.
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Old 24th October 2016, 14:04   #170
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I am looking for some legal advice here.

My wife has filed a dowry (498A) case against me and my family.
I can win this in court. I have proof of all purchases, I paid for and bought everything in the house. We don't live with my parents. There wasn't any dowry invloved etc.
My questions is this, can I post details of this case online (social media/Facebook)? I will limit my posts to what can be proved in front of a judge. I want to post her allegations in the FIR and my records.
Will I be breaking any law by posting it online? I want to expose her family for what they are.
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Old 7th November 2016, 13:27   #171
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Hi Guys,

Need help regarding from a lawyer regarding a property dispute. Any lawyer on team-bhp who can kindly help/advice?

Ps: Since its a legal matter, I don't want to type the entire content of it on an open forum.

Thanks
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Old 21st February 2017, 01:11   #172
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Team, I am in a bit of trouble here. Have received Notice from my previous employer for breaking bond and defamation.

I joined one IT outsourcing firm on 19th Sep 2016, and resigned on 25th Oct 2016 for personal reasons. During the time of joining, I was made to sign on "Bond" that I will pay Rs. xxK if I resign before eight months. That Bond was on company letterhead, and I submitted the signed copy. No signed copy of that bond was provided to me.
My salary account was opened with HDFC bank. Citing no salary, I dropped in an email to them. Received reply that they have executed the bond. I asked over email why was I not informed earlier of such execution of bond, which in any case I believe is not a fair action due to the fact that I am not having signed copy/photocopy. The email communication once also claimed from and HR person of that firm stating "As per discussion" which never took place. I had to give a firm reply to this that no discussion took place. Have this all on email. This was in month of Dec 2016. I was repeatedly asking for clarification over email w.r.t implementation of Bond while not having a reference copy with me. I wrote in email that an authorized person from firm has to sign it and I must have one such copy for reference, but to no avail. The HR person just replied that a personal meet is must, I still feel it is waste of time, as they already made false claim regarding discussion.

From the period of 19th Sep to 30th Sep, the salary was not paid to me. To the best of my knowledge, it should have been paid by 7th Oct.
Next, for rest of my tenure with that firm, no salary was paid.

On Jan 27 2017 I received message from HDFC bank that maintenance charges will be applicable for my account as there is zero balance. Now, in order to not lose money, I pinged that firm's FB page that salary is not being paid, and bank is likely to charge me for the account, and who can assist.

Today I have received notice from a lawyer at A'bad that I have to take down my comment, put up apology and pay up Rs.xx in 10 days or legal action will be taken against me. I have pulled down the FB comment, not before taking a screen shot of it.

What are my chances of going legal and winning against them ?

IMO, non payment of salary was their fault. And in October month also we were not informed that we wont be paid salary. There is no mention of any point that indicates salary will not be paid. All the issues and execution of bond came forward when I inquired about non receipt of salary. The case went bad after Jan 27, 2017. But I was and still am practically out of options.

Can anybody please highlight if I have a chance of winning against in this case ? Not interested in spending much behind lawyer, but at the same time dont want to put my hard earned money (this firm has not paid a dime) in the firms plate.

Now, I have a scheduled meeting on Wed. The following would be my negotiating points :

1) Non receipt of salary. No clarification till asked for. Case of mental harassment.
2) No information regarding execution of bond which was done in Oct 2016 and I receive notice in Feb 2017.
3) I pay up only the amount which is balance amount over after deducting my salary from bond amount.
4) Go legal all out. Claim that lawyer and the employer are mentally harassing me whilst my dues are pending with them. Most expensive option, be it financially, mentally, physically and emotionally.
5) Defamation : I asked for assistance, not complaining as the local office wasn't able to answer any query.

I am totally confused, and damn angry. After letting go of an amount they had to pay (read salary), they are coming after me. They dont come after everybody, but seems my luck is going through a rough, stormy phase.

Haven't consulted any lawyer till now. If needed, I can upload the mail images and share the emails as and when required.

Some guidance or assistance will of great help to me.

Last edited by aaggoswami : 21st February 2017 at 01:16.
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Old 21st February 2017, 10:10   #173
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I am totally confused, and damn angry. After letting go of an amount they had to pay (read salary), they are coming after me. They dont come after everybody, but seems my luck is going through a rough, stormy phase
Cool; just relax; I know it's easier said than done, but still, stay calm. I'm unable to determine clearly who's pressing charges against you, is it HDFC or the company your worked for or both?

Have seen such a scenario, barring the bank which went on smooth. What he did was to take his Father (or any elderly person) & talk to HR of the company in a very pleading tone stating family issues & very apologetic tone & guess what, they (HR) waived off the bond but didn't make the final settlement in monetary terms. Instead they gave him a clean chit citing as if he resigned from the company with a good code of conduct.

My suggestion is stay off legal & stop fighting, instead hand over the scene to someone elders in your family who can talk in pleasing tone & if possible you don't get into the scene & things will go out smooth.
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Old 21st February 2017, 10:21   #174
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I'm unable to determine clearly who's pressing charges against you, is it HDFC or the company your worked for or both?

Instead they gave him a clean chit citing as if he resigned from the company with a good code of conduct.

My suggestion is stay off legal & stop fighting, instead hand over the scene to someone elders in your family who can talk in pleasing tone & if possible you don't get into the scene & things will go out smooth.
I want to stay off legal chain just as you mentioned (as its individual vs corp).
1) Its the company that is pressing charges against me, not bank. Bank is just demanding maintenance charges for my account which is not having balance as salary isn't paid.

2) I was not paid salary and still they are pressing these charges, that pricks me.

Have scheduled a meeting tomorrow at 1 PM. Would be quite polite with HR, but firm about non payment of dues from their side. In that case, I will send a reply to them via advocate.

I would like to avoid hassles specially against a corp. But if they dont budge and want bond amount, I cant help it. Lets hope for the best. At the same time, bonds of such variety (i.e. unilateral) still legal in India ?

Last edited by aaggoswami : 21st February 2017 at 10:23.
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Old 21st February 2017, 10:46   #175
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1) Its the company that is pressing charges against me, not bank. Bank is just demanding maintenance charges for my account which is not having balance as salary isn't paid
Go to HDFC right now, talk to the concerned people, extreme polite, tell them your personal issues & try & close down that account at earliest so as to avoid any further charges & issues. This will make one issue down.

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2) I was not paid salary and still they are pressing these charges, that pricks me
It pains a lot; I can understand

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Have scheduled a meeting tomorrow at 1 PM. Would be quite polite with HR, but firm about non payment of dues from their side. In that case, I will send a reply to them via advocate
Avoid advocate at all costs!! Like I said earlier, do not face the situation alone; the HR has the whole corp supporting them, so make your own gang also to face the issue; ask any elders in your family to handle the situation for you; ask them to stay calm, talk polite, state your personal crisis (even if it were to cook some good stories) & ask them to leave you alone, kind of, you don't pay, I don't pay, just get me out of this mess type

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At the same time, bonds of such variety (i.e. unilateral) still legal in India ?
Yes & from your narration, it appears to be legitimate as well. Signing a bond on company's letterhead is troublesome.

Last edited by aargee : 21st February 2017 at 10:48.
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Old 21st February 2017, 11:05   #176
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1) Go to HDFC right now, ... This will make one issue down.

2) Avoid advocate at all costs!! Like I said earlier, do not face the situation alone; the HR has the whole corp supporting them, s..., just get me out of this mess[/i] type

3) Yes & from your narration, it appears to be legitimate as well. Signing a bond on company's letterhead is troublesome.
1) Correct. Thats on my agenda list, but considering this notice, I better not make a move.

2) True. I will give them counter offer to join them. Shall give it in writing. And await their response.

3) From what I have read, I cannot be asked to work forcefully via a bond. Only if the company has made significant investment into my training can this be done. I was given one week training and then was onto floor.

But am I not supposed to have a copy of that bond ? A signed one ? May be even a photocopy ?

Secondly, for agreement on stamp paper, I think it has to be signed by both parties to make it valid. Is this true ?


EDIT : The document mentioning amount is on stamp paper. I am not having a copy which is signed by authorized signatory of employer. In this case, the Authorized signatory has to sign it and share a copy with me as far as my understanding goes. Please let me know if thats not the case.
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Last edited by aaggoswami : 21st February 2017 at 11:10.
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Old 21st February 2017, 11:11   #177
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2) True. I will give them counter offer to join them. Shall give it in writing. And await their response
Ahem!

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3) From what I have read, I cannot be asked to work forcefully via a bond. Only if the company has made significant investment into my training can this be done. I was given one week training and then was onto floor
Not necessary! If you've signed a copy of terms & conditions with your knowledge, then, it means, you abide by them. IF there's a clause in the statement that on breaching you're supposed to pay, by signing, you're agreeing to it as well.

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But am I not supposed to have a copy of that bond ? A signed one ? May be even a photocopy ?
They're not obligated, but, liable to give you a copy if you have asked. I once had to sign a bond for going abroad & the HR was OK with me taking a copy of it & there was no counter sign of anyone else on the letterhead as well.

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Secondly, for agreement on stamp paper, I think it has to be signed by both parties to make it valid. Is this true ?
I'm not an expert here, but IMO, stamp paper should have both parties signed inclusive of witness. But depending upon the cost of the stamp paper. If its like Rs 20 or so, it doesn't carry much weightage (I could be wrong here) & higher the amount of stamp paper, greater is its importance in the court.
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Old 21st February 2017, 11:26   #178
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Aargee, first off, a big thanks for prompt replies. This discussion helps me to reduce stress.

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They're not obligated, but, liable to give you a copy if you have asked. I once had to sign a bond for going abroad & the HR was OK with me taking a copy of it & there was no counter sign of anyone else on the letterhead as well.


I'm not an expert here, but IMO, stamp paper should have both parties signed inclusive of witness. But depending upon the cost of the stamp paper. If its like Rs 20 or so, it doesn't carry much weightage (I could be wrong here) & higher the amount of stamp paper, greater is its importance in the court.
The "Bond" Mentioning amount of Rs. XX to be payable by me is on stamp paper, mostly Rs.100 or Rs. 50/-.
But I have not received a copy/photocopy which was signed by authorized signatory of the employer.

Have mentioned in my mail to them too.
Attached herewith are screenshots of my email communication where I did raise this point. The last screenshot is the one where the HR person falsely claimed about having discussion which never happened.

Oct 2016 they have executed the bond and I am not informed. Came to know about it in Dec 2016 when I asked for salary. 15-Feb-2017 the notice is dated, which I received on 20-Feb-2017.

Also, nowhere in the contract is it written that payment of salary can be held up.
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Last edited by aaggoswami : 21st February 2017 at 11:29.
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Old 21st February 2017, 11:36   #179
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@aaggoswami, situation is not as bad as it seems to you. Have sent you a PM. Feel free to contact. Will gladly accept an ice cream at Dairy Den on my next visit to Baroda as fees.

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Old 21st February 2017, 11:42   #180
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The "Bond" Mentioning amount of Rs. XX to be payable by me is on stamp paper, mostly Rs.100 or Rs. 50/-.
But I have not received a copy/photocopy which was signed by authorized signatory of the employer
From an outsider point of view, receiving a copy of the doco is up to you; like I said, corp is not mandated to hand over a copy (like police has to give you a copy of FIR), but you can always ask them & THEY ARE supposed to give you.

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Also, nowhere in the contract is it written that payment of salary can be held up.
See, past is gone, now there's no point negotiating & arguing. Like I've stated above from my experience what I've witnessed, try & settle this issue amicably. Right now you're facing the HR, if you walk legal, the corp will have a team of advocates depending upon the size of company (I'm assuming the corp you're talking about should be small in size or Indian origin company otherwise they wouldn't be wasting their time in fighting such trivial issues unless they've spent a huge sum on you)

So you see, the HR is paid to do his work (negotiate with you), advocates are paid to handle you in court, but you?? You've to spend your time & money to fight this off & in the process you lose your peace of mind & time. Forget the money for now.

Your objective right now should be...
1. Settle things amicably like you don't pay, I don't pay & I'm sorry for what I did
2. If #1 didn't work out, say you can work for them for reasonable time & settle the amount
3. If #2 didn't work out, start with the smallest denomination (say like if you're supposed to pay 2 Lakhs, start with Rs 2000 or so)

But in all the above situation, try to stay calm & composed & never lose your cool; make your situation feel like pitiable by the other party (corp in this case). Again I would state, the best option for you will be, ask this to handle by some elder's in your family to speak with the corp. In all probability, the corp might be angry on you personally, when a third person enters, the personal vendetta will disappear & things might favor you if the corp feels the issue is not that serious.

First of all, go & close the bank formalities immediately

PS - I once had an HDFC account with locker facility (it used to be Centurion bank before PNB & HDFC took over) & we lose track until we were asked to pay locker charges & money for non maintaining balance. We spoke smooth with the bank manager & he waived off the non-maintenance of minimum balance but had to pay money for 1 year locker fee. But we got rid off the issue.
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