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Maaanvi   04 February 2023 at 22:02

Criminal law

In the village of Mylapore in Tamil Nadu there is an eminent businessman
turned politician Rahul Raghuvanshi. He has been elected to Tamil Nadu
assembly successfully 3 consecutive times. Rahul a management graduate
from Annamalai University was an active student in Youth Politics. He was The
President of Janata Morcha Youth wing and thereafter he joined Janata
Morcha, he held several posts within the party and at a young age of 31
became MLA. Rahul is a 2nd generation politician and son of renowned
industrialist Bhargav Raghuvanshi, Shri Raghav Raghuvanshi has been a 2
times MLA and 3 times MP from Mylapore constituency, he also held the
portfolio of Minister for Urban Development when Janata Morcha was in power
in 1987.Rahul Raghuvanshi being an Industrialist owned several factories
which had huge manpower and Trade unions with political affiliation. Rahul
after procuring a degree in management from Annamalai University chose to
pursue his family business, in the course of his business he had to grapple
with many problems relating to workforce such as absenteeism, low
productivity, and acrimonious disputes as the trade unions had differences
within themselves. A strike broke out in Mr. Raghuvanshi’s factory on account
of denial of bonus and incentives. There was labour unrest, sloganeering and
chaos. The Trade Union Leader Babu Shankar was affiliated to Samaj
Saghatan the party which was in the opposition and arch rival of Janata
Morcha the Party in power.
Rahul Raghuvanshi was in a fix and catch 22 situation as the labourers
besieged the bunglow of Rahul Raghuvanshi at the behest of Babu Shankar on
account of political rivalry there was wide media coverage of the issue. On the
2nd February, 2012 situation was extremely turbulent hence the local police
imposed Section 144 of Cr.PC and also detained a few labourers U/S 151 of
Cr.PC. The detention of many labourers exceeded the prescribed time ordained
by Cr.PC. As Rahul Raghuvanshi used his clout and influence to suppress the
agitation, the family member of a worker filed a Habeas Corpus petition on 6th
February, 2012 Under Article 226 and 227 of Chennai High Court challenging
the detention of several workers and also claimed compensation. The Chennai
2
Bench consisting of Chief justice allowed the petition and gave relief to the
prayers of the petitioners and also awarded compensation. The Trade Union
leader Babu Shankar urged the leader of opposition in Tamil Nadu assembly to
broach a debate on Rahul Raghuvanshi’s undue influence and causing loss to
poor labourers. This led to furor in the Assembly demanding resignation of
Rahul Raghuvanshi was the post of standing committee for Education and
Environment. Rahul Raghuvanshi did not relent. This lead to social unrest and
there were protest marches across the city, agitation which led to Gheraos and
Bandhs. The Home minister tried to control the situation with Rapid Action
Force and Local constabulary. In the course of this chaos Rahul Raghuvanshi
made a public speech at Tradulai Swamy stadium on 14th May 2012 in the
course of his speech he called the agitators of Samaj Sanghtans as ‘wild
creatures’ and urged the Janata Morcha workers to give a ‘fitting reply’ to the
protesters. This caused a furor and there was law and order problem which
resulted in casualties and damage to property. Rahul Raghuvanshi was held
responsible for whatever transpired and he was compelled to resign from the
committees he was part of and the portfolio he held. There was round the clock
coverage of the incidents of violence by the media. The opposition demanded an
inquiry of the incidents and insisted on setting up a commission. A
Commission was constituted in August, 2012 by the Ruling Party i.e Janata
Morcha under the auspices of retired judge, Justice Vishwanath to enquire and
investigate into this matter. The commission submitted its report before the
House on 17th August, 2013 of the incidents of February, 2012.There was
elections hence the commission report was debated fiercely then kept in
abeyance. Samaj Sanghatan captured Power and Muthuswamy Nair became
the Chief Minister in 21 December 2013 and the commission report was again
debated with disruptions in the House. The speech delivered by Rahul
Raghuvanshi was regarded as a hate speech causing enmity between two
communities hence he was booked under sec 153 A of IPC for which
Punishment in 3 years, after a lot of pandemonium the Commission report was
implemented on 31st December, 2013. The home minister demanded arrest of
Rahul Raghuvanshi and Rahul Raghuvanshi was arrested and produced before
magistrate on 11th January 2014. The magistrate took cognizance of the
3
complaint and convicted Rahul Raghu Vanshi for 3 years imprisonment. The
order was challenged in court of sessions/district court, in May, 2015 the order
was upheld and eventually it was challenged in Chennai High Court. The High
Court admitted the appeal and overruled conviction on 16th November, 2015 of
Rahul Raghuvanshi and found that lower courts made gross error in passing
such orders. State challenged the High Court order of acquittal in the Supreme
Court of India.
Issues
1) Is he said appeal maintainable in the Supreme Court?
2) Is the High court justified in setting aside the session court’s order?
3) Does the case have anything pertaining to limitation act or has time barred
as per the relevant legal provisions?
4) Is sanction required for prosecution of Rahul Raghuvanshi as he is member
of state assembly?
5) Is the government bound by the findings of Justice Viswanathan commission
as regards its implementation or not?

Nikhil   04 February 2023 at 10:50

E-swathu dimensions,checkbandi error to be corrected

I plan to buy 2 adjacent plots (each with 40*30 dimension) which come under panchayat. The plots have e-swathu but there are some discrepancies with respect to the checkbandi i.e the information about the other plots/roads in the North, South, West, East directions have been swapped. Also for one of the plot, the North-South is given as 30 and East-West is given as 40 though it should be North-South as 40 and East-West as 30. It seems most of the plots in the place are that way and a local lawyer said this is a minor issue. According to him as long as the land extent of 1200 Sq. Feet is shown in e-swathu it should be fine.He said that the people in the panchayat office are not really good with maths and numbers and it is common to see these errors. I got to know from an acquaintance that the seller of the plots is not keen to take up the process to update e-swathu since there is a demand for plots in this area and he will anyways find a buyer. Hence I am thinking of buying the plot and then try for rectification of the errors in the e-swathu? In this case, can the sale deed have the correct dimensions and checkbandi info or should it compulsorily replicate the data as provided in e-swathu which is actually incorrect. My query is whether the e-swathu of these plots can be corrected in order to have the correct measure for North-South and East-West and also to update the checkbandi information? And should this compulsorily be done prior to the sale deed registration? Can this be done by the PDO at the panchayat office itself? And what is the process/ duration it could take if I take up this myself?

krishna   04 February 2023 at 08:32

Tenent vecate notice

As a landlord ,How many days vecate notice should i give for a tenent ,who is running a commercial  business.

Anonymous   04 February 2023 at 01:59

Redevelopment terrace offer issue

Hello All,
I live in small building ,less than 10, we decided for redevelopment, my flat is 2bhk..big rooms but my terrace is also big, Now our Rera carpet is 65% and 35% is terrace space, builders are giving 30% on rera carpet but eating our terrace..for terrace they r giving just 25% of our existing terrace..so my net to net area of old and new practically remains same.I am only disagreeing with all., building is in excellent condition as of now .just completing 30 years but well maintained. What formulae can convince and can I hold the redevelopment ?

Anonymous   03 February 2023 at 20:29

498a quash with affidavit from ex-wife

Hello

My ex-wife agreed to cooperate for 498a quash by giving affidavit after some out of court/private settlement amount is agreed.

1) Is affidavit enough to quash 498a in high court or does she also needs to come to high court to tell the same in front of judge?

2) I am worried if we give the settlement amount first in exchange for a notarized affidavit from ex-wife and then if judge expects her to attend to give the affidavit statement in person and if she does not show up, I am worried the judge may dismiss the petition if she is absent

3) are there successful petitions in past where 498a was quashed by legal affidavit from ex-wife without attending the high court by ex-wife

Anonymous   03 February 2023 at 16:25

Payment of property tax in event of incomplete conveyance

In present scenario, the Builder has not made Conveyance deed. The Builder has formed CHS and has also obtained OC. The Municipal authority has sent property tax details to the CHS. The members are confused should they pay property tax as instructed or should the Builder be paying it? Does execution of Deemed conveyance redeems a Builder from paying property tax?

Anonymous   03 February 2023 at 00:00

Where to file appeal crpc 341 ( most urgent )

If crpc 340 r w 195 dismissed by double bench of High court without any reason, in a Prima facie case, then where to file Appeal crpc 341

In High court ?
In supreme court ?

Please advise

Anonymous   02 February 2023 at 21:10

Fraud case

I had paid house lease amount to agency who absconded now got arrested. Public case is going on but I reached out to 2 layers in private who can help me get my money fast but either one of them are responding after paying them initial amount.
Really disappointed in and started losing trust on lawyers and Law.

Arti Aggarwal   02 February 2023 at 12:37

Illegal termination in it industry

Now with recent IT layoffs, what all laws are applicable for IT professionals. My friend is laid off with reason as 'non performance' and company terminated

1) in 5 minutes phone call without following any performance improvement plan process, 

2) paid just 2 months basic salary, though appointment letter says 2 months notice period for either side.

3) revoked all employee benefits in 5 mins phone call and

4) issued service certificate having reason as "termination" which is creating a blocker in next jobs



What all can be done against such employer, which court in Pune this case can be filed and what all can be asked as relief.









Rakesh Khare   02 February 2023 at 12:01

Continuity of servicegraranted

In 2001 Dismissed from service,won CGIT 'reinstatement in service with full back wages and continuity of service' Reinstated in 2015 after High court refused stay on reinstatement stay on back wages only.Now wages allowed 75%. Now questions are that whether continuity of service' means entitlement of seniority based prootions during the period of dismissal ?


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