madhukar
04 September 2008 at 18:31
Dear friends,
I was working with mininavratna company which is PSU.govt of india hold 63% of shares of our company.
i was working for past 9 years as an officer.i had been dissmissed from the services in an Ex parte enquiry conducted by third party.my query are as
1.will i be entitled to get the gratuity.2.what abt my pf,can i get the employers contribution to the pf. 3.what will happen to my contribution to supperannuation fund.4. my medical reimbursement are pending with the company for past 8 months worth 1.25 lacs. company management seems to vindictive towards this claims. in case they create problems for reimbursement,then what are the remedies for me to get my bill clear.5. can company issued me a letter of work experince on my request, which i need to produce get new employement.
please suggest.
N.K.Assumi
04 September 2008 at 11:35
If a murder is committed inside a vehicle will it be only a criminal case of murder or it can also be a case of claim under the motor vehicle Act of 1988?
N.K.Assumi
04 September 2008 at 11:11
Section 2 clause 7,14,15,16,17,18,21,22,23,24,25,26,27,28,29,35,39,40,43,44and 47 etc of the Motor vehicle Act of 1988, described various kinds of Vehicles.Now under which kind of vehicle Mini Bus will be categorized?
N.K.Assumi
04 September 2008 at 10:55
Dear All,
There are strings of International conventions to resolved International commercial disputes such as the Geneva convention,New york convention,UN Resolutions, and Indian Arbitration and Conciliation Act etc.
My query is this? State itself is an abstract notion and it is run by natural man but again natural man alone can not function effectively to run the State, as such juristic person are created. Under International Law, State is granted Sovereign Immunity and all State are of ejusdem generis at least on this point. But gone are the days where sovereign functions were confined to the throne alone. In today's world sovereign sits in the market place such as the World Trade Organization by State Ministers and almost all the important commercial transactions are made by those juristic persons.
The question is whether Sovereign Immunity can be extended to those juristic persons such as the RBI etc.
Sovereign no longer Act as Dr.Jekyll and Mr.Hyde, and to protect her commercial interest it is actively sitting in the market place without shying away as in the olden days.Under the circumstances should it not be proper to extend Sovereign Immunity to State juristic Person?
N.K.Assumi
04 September 2008 at 09:55
is it proper to detained a dangerous lunatic under National or State Security Acts?
N.K.Assumi
04 September 2008 at 09:16
Can any one of you share with me the difference between Legal and Lawful:
LL.B., is a graduate degree or post graduate degree? Any case on this?
N.K.Assumi
04 September 2008 at 08:57
Can accused argued for his bail in the court?
ankit gupta
03 September 2008 at 23:29
problem:- a car hit a wrongly driven scootor (carrying 3 person drunk), after that somebody calls the cop.the injured are admitted to the hospital by the cop.
the I.O. even after 4 days if the accident does not registers any FIR and has impounded the impugned car.on asking to him he conveys to the owner of the car that two of the person are normal and deny to take any legal action but on the other hand one person among the three is still in the hospital so he(I.O) is waiting for him.
if i am the car owner what actions can i take against the I.O.,what are the legal provisions regarding the same as he is not registering the case nor is ready to compromise.
also tell what practically canbe done in this kind of situation ,say shall we wait or should we adopt any other remedy.
regards
ankit gupta
SANJAY DIXIT
03 September 2008 at 23:01
If aggrieved by an order of CPIO (CPIO has not provided the information by saying 'NO PUBLIC INTEREST INVOLVED & IT RELATES TO THIRD PARTY'), whether the order can be challanged in Civil Court or any other Court?
Pls give the provisions & if possible any case law.
Pls, its urgent.
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SIR I NEED ALL OF YOUR'S HELP AND VIEW IN THIS MATTER.
SIR I NEED ALL OF YOUR'S HELP AND VIEW IN THIS MATTER.
AS BANKS FILE CASE AGAINST ME U/S 420,406 CR.P.C(PERSONAL COMPLIANT NOT THROUGH POLICE i.e.FIR) IN CHENNAI AND COURT ISSUE NBW AGAINST ME IN FIRST INSTANCE .
AND
CIVIL SUIT FOR RECOVERY OF MONEY IN SECTION 37 C.P.C IN DELHI.FOR SAME CREDIT CARD ACCOUNTS IN THEY FILE CRIMINAL CASE ALSO.
AS PER BANK OFFICIAL THEY FILE CASE FOR FALSE DOCS. GIVE FOR CREDIT CARD APPLICATION. AFTER USING CARD FOR 4-5 YEARS AND MAKING PAYMENTS ON TIME.
NOW TALK SOME LAWYERS IN DELHI.
THEY SAYS:
1.BANK CAN'T FILE CASE U/S 420,406 AGAINST ME BECAUSE I USE CARD FOR LONG TIME ANY PAID REGULARLY.SO CHEATING AND CRIMINAL TRUST OF BREACH.
2.BANK CAN'T FILE CASE IN CHENNAI AS I TAKE AND USE CARD IN DELHI IT SELF.EVEN IF BANK HEAD OFFICE IN CHENNAI THEY CAN'T DO THAT.
3.BANK CAN'T FILE 420,406 TOGETHER AS BOTH ARE SOME.ALMOST SAME.
4.I SHOW SOME NEWS ARTICLES AND NEWS REPORTS OF HC OF CHENNAI THEY SAID THIS NOT MUCH HELP ME.
NOW I NEED YOUR ADVICE WHAT IS MY COURSE OF ACTION AND ADVICE FOR MY CASE.
WHAT STEP I NEED TO TAKE?
QUASH ON JUDERICATION BASIS.
QUASH ON HC RECENT ORDER BASIS.
ANY OTHER STEP I NEED TO TAKE,
NEWS ARTICLE:
1.
The judgment of the Madras High Court quoted in the news report below could help you in criminal cases.
_______-
Keep off civil disputes, HC tells police
It Will Only Result In Huge Pendency Of Cases: Judge
A Subramani | TNN / TIMES OF INDIA, CHENNAI 13 July 2008
Chennai: Can criminal proceedings be initiated for issues concerning credit cards, personal loans, housing loans, hire-purchase schemes, default in payment of instalments and cheque-bounce cases?
No, is the Madras High Court's emphatic answer.
Neither the judicial/metropolitan magistrates shall entertain any private complaints from corporate firms in this connection, nor shall the police register criminal cases against persons concerned to please their corporate complainants, said Justice R Regupathi.
Not stopping with that, the judge directed the high court's registrar (vigilance) to compile state-wide statistics on the number of private complaints lodged for these civil disputes, and the orders passed by the magistrates concerned.
Narrating the novel system adopted by private financial institutions/banks, the judge said they file private complaints before magistrates and secure an order directing the jurisdictional police to register a criminal case and carry out investigations under Section 156(3) of the CrPc. Despite the fact that the dispute is civil in nature and the police are under no obligation to register any case, police personnel contact the persons and intimidate them to repay the credit card payment or personal loan or hire-purchase amount due to the bank.
Citing two specific cases that came up before him, Justice Regupathi said in both cases though there was nothing to investigate, the magistrate concerned, "with oblique motive to convert a civil case into a criminal case," directed police to register a case and probe.
CURBING ABUSE
Magistrates asked not to entertain private complaints
Police not to register criminal cases in such complaints
Erring magistrates warned of stringent action
HC registrar asked to compile statistics on number of private complaints
Also asked to report on the orders passed by the magistrates concerned
Banks using police to harass defaulters: HC
******************************************
also in "judgement of the Supreme Court" wherein it has been decided that the NBW could not be issued at the first instance. It had to be preceede by summons and a bailable warrant.
2.
latest judgment of chennai high court on criminal cases file by banks:
Friday, August 22, 2008
HC: Don't refer civil nature for police investigation
“Transfer cases of civil disputes to Hi