Hi all,

Thanks for all your valuable suggestions.

Sivaprasad,  my words will hurt defintiely for any advocate but this is fact.  In 99% of the cases advocates are the one who are dragging the cases for years and years. Advocates are playing key role in increasing the number of pending cases in all level of courts.

I know advocates who are geneinuie but 99% advocates that I met are people like who drag the matters for years and years just for the sake of their survival.

-Masthan

Since the branch of S1 was entitled to 1/4th of the property - and S1 alongwith chilrden held 1/16th each. He could have transferred only that much of property, and not the minor's share without the consent of the court. The transaction is voidable at the option of minors, who can challenge it within 3 years of attaining majority.

Thanks sir for your reply. I am still awaiting answer to my first query

Thanks a lot to all. Court dismiss the petition saying that the ground is not valid. As MCD will take time and now both we agreed for seperation we are now searching a strong ground. Her advocate advise her to file new petition on impotence ground as it will take less period of time and same advocate informed me to accepet again it in the court. 

Kindly suggest--

I have no issue to accept. But during hearing if court will ask any proof for that from me?

Wht other things should I do so that court will accept the petition.

As we both do not want long time for this.

Dear learned  members,

The property is the ancestral property. There are four sharers widow wife, daughter and two sons. One of the son S1 sold his full share to another son S2. During the sale, S1 has got three children (1 son and 2 daughters) all are majors but in the sale deed S1 told that he sell this property on behalf of his minor childrens. Does the sale valid, whether the children of S1 can get back their shares? What is the procedure? Kindly give your views.

Definition of Wages in Payment of Gratuity Act runs as follows

527.(s) "wages" means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.

Keeping in view of aforesaid definition execpt House Rent amount amount paid in all other heads will come within the ambit of wages for the purpose of calculation of gratuity.

My family members, my wife, son, my two brothers their wife have constantly torchering me since more than ten years, Now presently I have been physically weak, suffering from sever depression. Is there any legal help for me. I have been attacked, humiliated, cursed, insulted, threatened and beaten multiple times.

thanking you in anticipation , since you are my last hope.

The bureaucracy of corrupt india can easily render an honest employee into what they call as "ex. employee"

as per E-mail  copy supplied under the RTI Act to him Payments have been released to the following officials all of whom are those against whom cognizance has been taken by  the CBI in connection with their serious acts of omissions/commissions

 http://twitter.com/revribhav

What the vigilance pledge states: (every Government servant/Public servant takes the pledge during vigilance awareness week ) as per Central Vigilance Commission Guidelines.

WE, THE PUBLIC SERVANTS OF INDIA, DO HEREBY SOLEMNLY PLEDGE THAT WE SHALL CONTINUOUSLY STRIVE TO BRING ABOUT INTEGRITY AND TRANSPARENCY IN ALL SPHERES

OF OUR ACTIVITIES. WE ALSO PLEDGE THAT WE SHALL WORK UNSTINTINGLY FOR ERADICATION OF CORRUPTION IN ALL SPHERES OF LIFE. WE SHALL REMAIN VIGILANT AND WORK

TOWARDS THE GROWTH AND REPUTATION OF OUR ORGANISATION. THROUGH OUR COLLECTIVE EFFORTS, WE SHALL BRING PRIDE TO OUR ORGANISATIONS AND PROVIDE VALUE BASED SERVICE TO OUR COUNTRYMEN. WE SHALL DO OUR DUTY CONSCIENTIOUSLY AND ACT WITHOUT FEAR OR

FAVOUR.

Ref. The Central Vigilance Commission, vide letter No. 3(v)/99/11 dated 23.06.2000, had declared that every year vigilance awareness week should be observed.  Accordingly, vigilance awareness weeks were observed by the organizations, within the purview of the Commission,

st2.  A report about the manner in which the Week was observed in the organization may be sent to the CVC by …..  

3.  This notification is also available on the CVC's web-site http://cvc.nic.in . 

          Sd/-           (S.N.P.N. SINHA)

 (vi) All Chief Vigilance Officers in the Ministries/Departments/PSEs/Public Sector Banks/Insurance Companies/Autonomous Organisations/Societies

What happens actually to those who use Right to Information against corruption:

quote from URL: http://www.citehr.com/333880-inaction-corrupt-victimization-honest.html

Relevant Fact : To root out corruption in public life in the NIACL the applicant has been writing RTI application since quite a while. In retaliation a General Manager of NIACL,Mr. A.R.Sekar  has issued repeated "orders" that the applicant  writes RTI application merely to misguide the authorities of NIACL who have initiated disciplinary proceedings against him for misconduct.

The applicant quotes the Prime Minister’s Statement:

"I want every citizen to make full use of this act to ensure that government functions properly and honestly."



New Delhi, Aug 15 (2007) : Prime Minister Manmohan Singh Wednesday urged Indians to make full use of the Right to Information(RTI) Act to ensure that the government "functions properly and honestly".

Speaking at the Red Fort on the 60th anniversary of India's independence, the prime minister said the act was enacted to make the government, at all levels, "more accountable and more transparent, and to fight the cancer of corruption.



The applicant has been forced to invoke the RTI Act ,again and again, to ensure the following pledge which every official of NIACL takes since 2003 : WE, THE PUBLIC SERVANTS OF INDIA, DO HEREBY SOLEMNLY PLEDGE THAT WE SHALL CONTINUOUSLY STRIVE TO BRING ABOUT INTEGRITY AND TRANSPARENCY IN ALL SPHERES OF OUR ACTIVITIES. WE ALSO PLEDGE THAT WE SHALL WORK UNSTINTINGLY FOR ERADICATION OF CORRUPTION IN ALL SPHERES OF LIFE. WE SHALL REMAIN VIGILANT AND WORK TOWARDS THE GROWTH AND REPUTATION OF OUR ORGANISATION...





The process of discipline in NIACL has been exploited ,by a group of ambitious,ruthless corporates to promote corruption on the one hand and to harass,intimidate and victimize the innocent employees (the applicant himself forced under prolonged suspension and later dismissal has been painfully aware of that ) ,causing misuse of public money due to no serious action against acts of moral turpitude.



A sample list of well paid NIACL officials enjoying job security

Collusion of authorities of NIACL to support Corruption

Misconduct

Present status as per record available with applicant whisle blower

1. Salary No. 28470



Not placed under suspension:Act of Bribe taking has been admitted by Vigilainace officials of NIACL Head office Mumbai



Caught with bribe by CBI Jaipur on 10th February 2009

Arrested,Charge sheeted by the CBI, continuously paid by NIACL full salary, increments eligible for promotion ,gratuity ,pension ,his photo was published in various news paper s of Jaipur consequent to trapped red handed

2. Salary No. (2282

Promoted ignoring the promotion prospects of honest employess

During 1990-91 cash about Rs.50K was missing from him

Has enjoyed 3 promotions consequent to RC 26(A)1991 CBI advice for major penalty was ignored by NIACL authority

3. Salary No. 26019

Promoted “ “ “

Anti corruption Bureau caught him in bribery

Gets salary of about 40 thousand per month from NIACL,entitled for pension gratuity promotion

4. Salary No. 13559

Because of ability to gratify NIACL authority, enjoys continuous employment as public servant

Issued fake insurance cover note with intent to defraud 21.07.1993

Gets salary of about 52 thousand per month from NIACL ,posted in the same city since the FIR of CBI dated 6.08.1996 recording fraudulent act of insurance of Rs. 5.96 lakh by him





"Mr.Soni’s act of leaving HQ again & again without permission of the competent authority is a grave violation of Rules of the Company which is not expected from a public servant (Company Employee).



It is clear from the aforesaid that Mr.Soni did not observe honesty and integrity to his duties & he acted against the image of a public servant & under prejudice to the interests of the Company and thus violated rules 3(i)(ii)(iii)(iv) & committed misconduct under Rules 4(1),(5),(6),(7),(,(9),(16),(17),(20)& Rule 18(1) & Rule 19

of General Insurance Conduct Discipline & Appeal Rules,1975 as amended.



Dated: 13.02.2008

Place : Jaipur (B.P.Yadav) Manager Disciplinary Authority









Ironically,dismissal orders (without opportunity of cross examination) have been issued by the same Mr. Kundra,Manager NIACL who,as per RTI disclosure (consequent to CIC orders ) himself leaves Headquaters, admittedly regularly.



The inhuman disciplinary process against the applicant has formally,been dragging with various authorities of NIACL since February 2008,about four lakh rupees have been deducted without consent or notice from the account of Provident Fund account of the applicant. The gratuity of the applicant has been totally forefeited.



In substance and in effect the following authorities of NIACL appear involved in consistent prolonged mental torture and each one of them,irrespective of being high or low ranking, shall be responsible for criminal conspiracy,either initially, or,at a later stage, in the event of insanity/death of the applicant whisle- blower. None of them have called him , till date , on telephone, an opportunity of personal appearance is a distant dream.



1. M Ramdoss

mramadoss@newindia.co.in

Chairman NIACL,

HO,Mumbai

Keeps pending the final appeal called memorial dated 25.05.2010

Postal authorities have confirmed delivery of document

2. A.R Sekar

arsekar@newindia.co.in

Senior most GM financial adviser NIACL,HO,Mumbai

Repeatedly supported perverse proceedings, e.g. , order dated 25.06.2009 signed by him

RTI cell records of NIACL exhibit about forty orders signed by him denying right to information

3. unnamed

G.M., Personnel NIACL,HO,

he has sought some queries from Jaipur office to justify pending final appeal called memorial dt.25.05.10

No justification for prolonmged pending matter as all offices have broadband, fax etc.

4. S.S.Hira (S.R.15287)

CRM,Jaipur NIACL

He took about six months to to ratify the perverse orders inter alia of dismissal

Deliberately not ordered suspension though empowered to dismiss corrupt

5. S.K.Kundra (S.R.7835)

Then Manager,NIACL Jaipur

Invoked non- communicated rules to dismiss innocent

The rules of 2003 have never been circulated

6. B.P.Yadav (S.R. 6839)

Then manager,NIACL Jaipur

Issued perverse orders,e.g. charge memo,suspension

Misused his legal qualification

7. Harichand

(S.R.20676)

Then Div Manager NIACL,Ajmer

recommended deliberate vexatious disciplinary action to torture a whisle -blower

Within few years,has been a millionaire for tax -free sanction of treatment expenses

1.  Under the Land Acquisition Act, the Central / State Govt., has all the rights, by default, to acquire any land for the use of  "Public Purposes"  and building an National Highway is classified as  "Public Purpose".

2.  However, such land acquisation, is subject to giving fair notice and fair price  and/or  alternate & appropriate land in lieu of the land being acquired.

Keep Smiling .... Hemant Agarwal

I recently resigned from my organisation without a job in hand due to the ssues iwith my manager. I resigned being fully aware and confident of my ability to get a job within three months of my notice period. I have clearly stated my last working day in my resignation notice (three months from date of notice) in reference to the clause in the appointment letter.

The appointment letter  has the following clause: " this appointment subject to confirmation can be terminated either by you or the company by giving a notice of three months or payment of monthly salary in lieu thereof on either side".

My manager has now sent me a mail after 20 days stating that they will relieve me within a month (i.e. 2 months prior to the expiry of my notice) and that my last working day will be end of this month.

My question is:

1) Can the organisation relieve an employee even if the employee is willing to serve the entire notice period. This will amount to discontinuity of service and loss of pay.

Thanks

i wana know if false promise marriage rape case, accused get a bail in 1 months on the bases of both party have love affaire from 5 yrs and physical relation made, what is the a chances victim get justice. everyone telling false promise of marriage is not rape. how session court get justice to victim , basicly what happening in these cases. and it dam sure there is no hope for compromises. how victim can prove false promise of marriage is rape,so get him panished for the justice.

basicly how judge giving justice to victim , is that possible that he can go for atleast not rape for charge of cheating behind the bar for a yr or more than. if in the FIR ONLY CHARGE MAKING 420, 376A AND 506.

what type of quetion asking in the trial?

is there possiblity case should be finished on charge also?

In the name of karta of the faimily.

she can file an application seeking maintenace in the pending case or she may go for another case u/s 125 of cr.p.c..  You have to contes the case.  In 125 case you have to prove that you have not neglected her willfully.

the cabinet also approved giving the divorced wife a share in husband’s property that he had acquired after marriage

Sir, Pl. explain the above sentance in amendment bill 2010. It says divorced wife can claim husbands property.

Does it means the property which he purchased after divorce or before divorce? pl. clarify.

under the general succession act your mother has to file a suit for partition and seperate possession of her share against her brother.