Member (Account Deleted)
09 March 2017 at 02:10
Sir one my friend has completed BA.LLB and he wants to continue practicing in court but the fact is on him Indian railway act 1989 sec 143 has been imposed on him and he has been convicted under section 143 of Indian railway act 1989. My question is, can he practice advocacy?
sandeep
08 March 2017 at 10:34
Our Housing Society registered under MCS Act. Last election was held in Apr 2012. The managing committee was elected in Apr 2012 not filled up M20 bond. I filed a complaint at Dy Registrar office under section 73 1AB. After the hearing was over Dy Registrar dismissed the entire managing committee under section 77A and appointed authorised officer. Now the appointed authorised officer is now hold the election. Now I have 2 question is 1) The earlier managing committee which was dismissed can stand for election? or they can't stand for election for next five years.The MCS Act section 73 CA 1(IV) is binding on above mentioned earlier managing committee and can they are disqualify for next term under MCS Act 73 CA 2 (3) 2) Which provisional list put on notice board only that member can stand for election?
vicky
07 March 2017 at 22:21
Dear Sir/Madam
I had sell my truck to someone. I had handover to him by making a affidavit of sell. The vehicle is still on my name. Now that person is caught with illegal liquor by police in badmer city rajasthan .
The police came to me as name & address on RC is mine and tell about the situation.
Kindly guide me how to face the situation.
Regards
Vicky
Anonymous
07 March 2017 at 19:31
We have a commercial office space with leave licence agreement with a firm for 3 years. The tenant is not paying electricity charges in spite of it being clearly mentioned in the registered aggrement. He is giving the monthly rent regularly.
1) Is it possible to evict the tenant before the lockin period.
2 ) Also can the tenant get an injunction against eviction in spite of him flouting the agreement clauses.
CHIRAGKUMAR
07 March 2017 at 12:51
Sir,i am working in department of post as a postman.If i got selected in ssc cgl and department denie for noc than what to do?
Rohita
07 March 2017 at 09:49
When a one of the 3 directors die.. will his share and role as a director be transfered to his wife? If from the remaining two directors one accept her to be the director and the other doesn't accept..can she still be given as a director?
Ashish
07 March 2017 at 09:17
I purchased some groceries, dry fruits and spices from a store in Dehradun which were not found to be fit for human consumption. I have also filed a case with the consumer court. I wish to know if there is any provision under which the Court can examine and issue a certificate describing the actual condition of the items and take the same in its custody?
The items are nearing expiry.
Thanks
manden sukesh
07 March 2017 at 07:57
RESPECTED MEMBERS,
• My name is Sukesh, working as Junior Engineer (Mech) in Andaman Lakshadweep Harbour Works (ALHW), posted at A & N Islands under the administrative control of Ministry of Shipping.
• I have joined in the department as Overseer (Mech) during the year 1991 and on selection I got the post of Junior Engineer (JE) during the year 1995. During the year 1996 the post of Overseer is merged with the post of JE consequent of implementation of 5th CPC report.
• I am a physically Handicapped person ( PWD-Ortho- 40%) by birth and have Medical Certificate Issued by the Medical Board. At the time of appointment I have submitted Disability Certificate to the department but my appointment was recorded as General Catagory.
• Necessary entries of my disability is recorded in my service book at the time my entry into service.
• At the time of promotion from Overseer to Junior Engineer, my promotional post is treated as OBC Catagory since I belong to OBC category.
• My next promotion will be to the Post of Assistant Engineer (Mech) , and as per the Recruitment Rule approved by the Ministry, the vacancy to the post of Assistant Engineer (Mech) will be filled up 100% by promotion on Seniority cum Fitness (SCF) basis from feeder cadre ie from Junior Engineer.
• I have submitted representation seeking my promotion to the post of Assistant Engineer (Mech) to Secretary Shipping through proper channel during December 2015 and made much representation with copies of relevant court orders. Still it is under process and i have not received any reply from the Ministry.
• During discussion my department has informed me that there is no DOPT order for giving reservation promotion in group B post. Also informed me that since I have entered in General/OBC quota so i cannot claim any benefits under PWD category.
• I have collected all the details of correspondence between Ministry and Department by filing RTI. From that it is revealed that even for Group C & D post, Department has not maintained any quota for PWD person either in appointment or in Promotion.
• My main pray is, once the post is identified, it must be reserved for PWD irrespective of the mode of recruitment adopted by the State/Department for filling up the AE Mech Post. There is no other way to ensure 3% or 4% representation of PWD in IDENTFIED POST of Assistant Engineer in ALHW except by way of three/four percentage reservation in promotion.
• Now the department has given recommendation to the Ministry to refer my case to DOPT.
Recent Court Verdicts and GOI orders related to PWD category emplacement:
• Government of India has implemented Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. Section 33 of said act mandates appointment in every establishment such percentage of vacancies not less than three per cent, for person or class of persons with disability. Now the Parliament has enacted law to enhance it from 3% to 4% and Gazette Notification is yet to be issued.
• Vide Notification No. 16-15/2010-DD-III dated 29th July 2013 of Ministry of Social Justice and Empowerment, has identified various posts suitable for PWD in Group A, B, C & D.
• In that list the post of AE (Mechanical) is a IDENTIFIED POST for PWD.
• Many Individuals and various organizations working for the welfare of disabled person has submitted many representation to issue revised order to ensure reservation promotion also from Class ‘D’ to Class ‘A’ post as per the provision in the section 33 of the disabled act.
• Disabled person has sought help of court of law, one of the organisations viz. National Confederation for Development of Disabled has filed Public Interest Litigation in the High Court of Bombay vide No. 106 of 2010 against Union of India and won the case in favour of them. By challenging the Judgement of Bombay High Court, the Government of India has filed a special leave to appeal ( c ) CC No. (s). 13344/2014 but the Supreme Court of India has up held the Judgement of High Court of Bombay.
• The apex court held that the Centre, States and Union Territories were obligated to implement the rules of reservation for this in the matters of appointment, selection, direct recruitment, deputation and also for promotion. The Supreme Court in its Judgement has declared that “Appointment will include promotion”.
• To comply with apex court order GOI is extended the reservation facility for Group A and B post and DOPT vide No.36035/16/9T-Estt (SCT) Dtd 18.02.1997 has issued order to implement the same in Govt Department but court verdict in true spirit is not implemented, the provision for reservation in promotion for Group B & A is not implemented but for Group C post reservation in promotion is already in vogue.
• It is understood that contempt court petition is under process in apex court to get it implement the Supreme Court verdict in its true spirit filed by the respective association.
• It is found that apex court has issued favourable order for PWD staff in BSNL there also higher post is identified for PWD but RR says 100 % promotion, so they filed WRIT PETITION (CIVIL) No.521 OF 2008 Rajeev Kumar Gupta & Others … Petitioners Versus Union of India & Others … Respondents WITH CIVIL APPEAL NO. 5389 OF 2016 (Arising out of SLP (Civil) No.244 of 2016) – and obtained favourable order and got reservation in promotion to Group A & B post.
• Favourable order has been issued by apex court in the following case also: case details- SERVICE BENCH No. - 1630 of 2013 Petitioner :- State Of U.P. Through Prin. Secy. Deptt. Of Rural Engineerin Respondent :- Sanjeev Kumar Jain & 3 Ors. Counsel for Petitioner :- C.S.C. Counsel for Respondent :- C.S.C.,B.K.Yadav,Manoj K. Yadav, Suresh Chandra Yadav. From 33 of Court No. - 4 Case
• Since the Department and Ministry is dragging my case since 31.12.2015 and at present there are four vacancies of AE (Mech) post. Once filled I won’t get any chance in near future.
• So please advise me at this stage what should be my future course of action.
Regards
Sukesh m
sandeep
06 March 2017 at 21:47
Our Housing Society registered under MCS Act. Last election was held in Apr 2012. The managing committee was elected in Apr 2012 not filled up M20 bond. I filed a complaint at Dy Registrar office under section 73 1AB. After the hearing was over Dy Registrar dismissed the entire managing committee under section 77A and appointed authorised officer. Now the appointed authorised officer is now hold the election. Now I have 2 question is 1) The earlier managing committee which was dismissed can stand for election? or they can't stand for election for next five years. 2) Which provisional list put on notice board only that member can stand for election?
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Reservation in promotion to person with disability-reg:-
Good morning Members
GOI has reserved certain percentage of Identified post in Government Service for Person with Disability (PWD). For Group C & D there is provision for reservation in promotion also.
In certain cases it is found that promotion from feeder cadre to promotional post is 100% by seniority cum fitness (SCF) basis. In such case how the required percentage of Quota to be maintained for PWD without giving reservation in promotion. I am speaking about Group B & A Post. kindly advice how a PWD employee get reservation in promotion in such case.
Hope for valuable advice from respected members.
regards
M Sukesh