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Anonymous   02 September 2023 at 12:36

Executive order over riding rules of article 309


Pension to govt servants is protected in Article 309.But without promulgation under Article 309, 

1. Executive order for New pension scheme was notified on 22.12.2003, followed by a PFRDA ordinance which was notified and lapsed April 2003.

2. Again, a fresh PFRDA ordinance was notified immediately. 

3. After many ordinances lapsed, finally it became Act after passed by parliament in 2014 giving retrospective effect on the executive order notification dated 23.12.2003.

4. Till that time, an executive order notification was over riding pension rules of Article 309.

I have come across many supreme court judgements ruling executive order cannot over ride or change or alter the rules under Article 309 and some not favouring retrospective effect too.

In view of the above, the implementation of NPS can legally valid only  after it became law. Can we approach court on the above contention?

Thanks in advance

Anonymous   02 September 2023 at 11:57

Conveyance of private land (not a society)

Hello Experts,
We stay in a property which was bought in lease of 99 years by our late grandfather in Mumbai Suburban area.
The property was bought in 1959. The property card has our grandfather's name as the lessee along with the name of the lessor.
Can this property be applied for conveyance or is eligible for deemed conveyance like it is for housing society's?
If yes, please guide us through the process.

R Shah   01 September 2023 at 23:43

Condone delay petition not accepted

1,2,3,4 we as a oponant declared as ex-parte and when our advocate filed Condone Delay application , he said not accepted and then he sent the applicaion with answer and refuse answer everything to plaintif through Register AD and served. Case is at Gujart we are at Mumbai. oponent Main no 1 is at Ahmedabad and 2 and 3rd we are at Mumbai not served properly as the address is wrong and ad given in Gujarat paper.

is is correct way - Advocate says he will appear and will present on next date and the court will aceept it.

What is correct - ? I will be thankfull if guide and please share contact also for help

dipankar Online   01 September 2023 at 20:53

Jurisdiction of magistrate in sec 97 crpc

I want to lodge a case under sec 97 wife and son has been wrongfully confined in Jharkhand and I am from can I move sec 97 in Bengal? As the law states ANY Magistrate can issue such a order.whether that ANY word, refers to anywhere in INDIA.

Anonymous   01 September 2023 at 18:53

Cheating employer

I am worked as a software developer, I have a health issue I was take for one week and send the letter to Hr department they are call back and said that "once your health cure you can join and can take one month leave" my health cured after 20 days I call back ask for joining they are said to me your are terminated and consider as abscond because you are not said to me and not taking permission with us
They are taking final settlement last month salary compansated and they are giving even reliving certificate and payslips after that it will difficult get the job with out experience certificate

jeyakumar   01 September 2023 at 14:50

Vacancies notified/advertised reg old pension scheme

respected experts,

As per the OM dated 03.03.2023 of DOPT, those who were recruited against a vacancy/post which were notified/advertised before 22.12.2003 are eligible for Old Pension Scheme.

i am giving a brief of our issue.

1. In our dept, Recruitment Rules for a post along with the vacancies were notified in the gazette in 13.09.2003

2. for which advertisement for recruitment was issued by the SSC during 2006 and exam held in 2006. we got selected.

3. the vacancies belong to the year of 2002 to 2006. but all the vacancies were notified in the RR vide Gazette dated 13.09.2003.

we have represented our claim with Dept. if our dept rejects, can we get favourable judgement from courts? becoz Ernakulam CAT has given judgement in favour of vacancy aised if before the notification of New Pension Scheme. Some are getting rejection letters saying the notification we referred is just a RR notification. but we claim that this is not just RR notification and vacancies notification too as per the OM dated 03.03.2023 as it nofitied the number of vacancies and selection process, eligiblities and etc.

thanks in advance for your replies.

John   01 September 2023 at 11:48

Flat regularised

I am a Christian from Kerala and holding a registered Will which includes Mumbai property which my father had written on my name. The Will is registered in Kerala. Have a translated copy of the same.
The flat is in South Mumbai which the property established in 1974 and my father was the third owner in 1979 and the ownership in the society share certificate was transferred to my name in 2018. I am holding origin share certificate from our building society but do not have any other documents since its old property where there as no sale deed etc.
Now my society want to go for redevelopment and they need legal document hence they are asking to get the flat regularised and pay stamp duty. Kindly advise if this will help and the procedure to proceed.
If any one from the group can assist with expert advise and reach out to me on my email.

Mohan   01 September 2023 at 03:39

Property purchased as indian citizen and now oci

Hi All,

I have bought a property as an Indian Citizen, and soon I'll be acquiring foreign citizenship and OCI. I just want to check if I have to make any changes or update any document before or after foreign citizenship and OCI

I don't have any intention to sell the property.


vinay singh   31 August 2023 at 19:54

Writ prayer amendment

If the writ prayer amendment application is filled in the high court. Writ No is the previous one or the allotted new one

Anonymous   31 August 2023 at 17:08

Legal heir

We have a property jointly owned by our parents in Nerul, Navi Mumbai , Maharashtra. My father has passed away and we would like to know the process of inheriting the property after the demise our mother. What documentation we need to do now. We are 4 siblings in total.

Can we apply for legal heirship certificate in the name of our father and will that be useful later when our mother passes away to claim our rights to the property. OR

Do we need to transfer the 100 % ownership of the property to our mother now and have a gift deed done with the property split amongst the siblings.

What would be best and the easiest option

Please advise