LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srinivas   29 April 2016 at 09:56

Tenent not vacation the house

sir please tell me our tenent is not vacating the house from a long period is staying in my house with out any agreement how can i Proceed to vacate him from the house

Ramakrishna   29 April 2016 at 08:50

How to challengeSpouse transfer

Husband Constable, wife clerk in judiciary and she is physically chalenged women more than 70% disability.
husbound transferred to another city while bifurcation of district
can he challange the transfer in administration tribunal or in district court.
if he has right to challange on which manner or provision, he can get order.
because his wife is disabled person though she earns, she totally depends on him
Please give me suggestions and provide petition formate
Thank you

ashok   28 April 2016 at 00:24

chawl registration

Dear sir,

I would like know about how to get chawl committee registration copy through the mobile application and our chawl committee already register as per the government rule and regulation but the concern is we need that registration copy where have mentioned the committee people name.

So kindly help us regarding this issue or else tell me the apps where i will update the registration no. So i can get the copy

Adv Dhawal Panseriya   27 April 2016 at 17:51

Live and relationship

Can I registered a live and relationship agreement between 15 years old girl and 20 years old boy.
There was any age limit in law ?

SIVA   27 April 2016 at 14:34

Regarding applying passport

Hi

Recently my brother made a car accident while he driving a car, He hit a guy who crossed the road in bike, luckily the guy in bike is slightly injured & doing good now. But he filed a case against my brother and FIR raised. Now my brother got a onsite opportunity and he is in the need of applying passport. And in the passport application there is a question " Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending
before a court of India? " Whether Here my brother need to specify regarding his case & FIR number . If specified there will be a issues in receiving the passport ?
Pls advice

Jaigopal Soni   27 April 2016 at 12:49

Environment protection act, appeal u/s 16 of ngt act against ec granted

I want to challenge an Extension of Validity granted to Environment Clearance for 2x500 MW Marwa Tendubhata Thermal Power Project on the ground of suppression of material fact, in adequacy of EIA studies, submission of false facts about area of land used, number of person displaced, non submission of topographical map and exact khasra numbers acquired by project proponent deliberately and specially on the ground that R&R benefits as promised during public hearing on the basis of which earlier EC was granted is not given even after passing 5 years. Project proponent has also not submitted any application for extension of validity of EC before expiry of it in prescribed format along with updated Form-I and status of compliance of earlier EC. but section officer accepted the application for extension validity of EC without receiving updated Form-I even after my objection and placed it before EAC bypassing the rules made under EIA notification and E.P.Act.
All the ground has already been put before Expert Appraisal Committee which has been not addressed and project was recommended for EC to regulatory authority. Regulatory Authority was also requested not to accept recommendation and return it to EAC for further clarification in the issues raised but regulatory authority granted extension to validity of EC expired even without receiving updated Form-I before expiry of it.

I want to appeal in National Green Tribunal Bench Sitting At Bhopal through speed post under section 16 of NGT Act. Need drafting services urgently.

Umang Saluja   27 April 2016 at 12:33

Gambling Law and Cyber Law

I want to ask experts about the legality of gambling in india.. as i have seen 1 website that is bet365.com which offers to bet almost in every game. That is a UK based site, and its all legal there. Check out the website, and its all responsible gambling, they are licenced and everything seems to be perfect.

Just i wanted to know its legal consequences in India. (As i have heard that making any bet to indian bookie is illegal, so that website is UK bookie)

My Client need advice regarding this.. Please Help.. ASAP

Ritesh Kumar   27 April 2016 at 00:15

Pay protection after technical resignation

Hello sir.. I rendered my service in PB-1 Rs.5200-20200 + GP 2800 in Delhi high court wef 6.5.13 to 25.2.14. Thereafter joined MES as a clerk in PB-1 Rs. 5200-20200+GP Rs.1900 wef 26.02.2014 after technical resignation. My previous govt service has been counted by the competent authority. Now, i put up my case to paying authority for protection of pay Rs.8560 as drawn in Delhi high court + GP Rs.1900 of current post. As per telephonic discussion paying authority told me verbally that pay protection may not be allowed as you didn't complete 1 year probation in high court. Written reply is still awaited from there. Sir, my que is, pls suggest me whether pay protection would be applicable in my case or not. If any rule or office memorandum is available in my case pls help me sir. Am i eligible for protection of pay as Rs.8560 + GP 1900 or not. What should i take next step. Pls guide me sir. Rgds Ritesh 9752178179

Chandrasekaran   26 April 2016 at 12:24

Transfer to another establishment

I am a Group 'A' Officer in Government of India under Ministry of Defence. I applied for Transfer to another Establishment during Oct 2014. My application was forwarded by the then Superior for processing in my HQ. When the application was processed my Superior went on Superannuation,. Hence it was sent to my new Superior who was appointed on Additional Duty. When he cleared my file New Superior was in position and my application was referred to the new Superior. Now my application was kept unattended by my new superior despite my frequent reminders. I submitted Official reminder for my application which was also not processed. Since my application was cleared by my previous Superiors I shifted my family to the new place and they are presently staying in a rented house. I can not claim the HRA because I am staying in the Government Quarters in my working place. So my original application for transfer in the file is not being processed and my reminder also is not processed. Please provide relevant reference and advice me how to go about further

Syed Sadiq Hussain   25 April 2016 at 21:34

Service matter-providing clarification

A peculiar case pertaining to Service Matter of a retired employee of judiciary department of Karnataka State.

The employee was placed under suspension and ordered to be retired from service compulsorily as a measure of penalty while he was under suspension. The competent authority had ordered for extending him full Pensionary benefits.

In the meantime, pay scales of Karnataka Government Employees were revised with effect from 01/04/2012 as per the Karnataka Civil Services (Revised Pay) Rules, 2012. Unlike the Central Civil Services (Revised Pay) Rules, 1997, it is the mandate of the aforesaid rules that; the pay of every such Government servant who was in service as on the date of coming into force the said rules shall be fixed in the revised scale from 01/04/2012 and no option is required to be exercised by the Government servants for being governed by the revised scales. The Interim Relief and the entire Dearness Allowance sanctioned up to 01/01/2012 was ordered to be merged in the pre-revised basic pay and the payment thereof was discontinued with effect from 01/04/2012.

The Principal District and Sessions Judge was the authority competent to fix the pay of retired employee in the revised scale and thereby to accord the sanction for the payment of Pensionary Benefits to him. Accordingly, said authority had fixed the pay of the said employee in the revised scale and sanctioned the Pensionary Benefits computed on the basis thereon. Thereby, the proposals for authorisation of payment thereof were sent to the Accountant General Karnataka.

The Manual of Standard Orders, Vol.-I issued by the C & A. G. of India envisages that;

“14.6 Pension payments must be authorised strictly in the terms stated and to the persons named in the sanction order. Accountant General have no authority to discuss or enter upon any question relating to succession to or division of, or claims to pension……………….”

Further, the Manual of Pension Verification, 2006 of the Accountant General Karnataka stipulates the condition precedent that;

"2.16 Scope of check of entries in Service Books. –
………… ………… It would be sufficient if the pay fixed in different scales of pay during the last one year preceding the date of retirement only is checked.
………… …………………… …………………………… …………… ……………… ……… ……… ……… ……… ……….. ……… …………

In superseding the above paragraph partially, it has been reiterated that the Headquarters’ office instruction of limiting the check of verification of pay of a Government servant in different scales of pay during the last year of service only. If on verification of such pay an error in pay fixation is observed, then notices to that effect has to be issued to the Department and the retired official concerned. If no communication is received either from the Department or the retired official, a portion of DCRG withheld for the purpose may be released duly ordering recovery of excess paid pay and allowances.[Authority: Section Order issued by PM Section in No. PM/GI/F 6(ii)/2004-05/378 dated 17-Nov- 2004.]

It has been clarified by the Comptroller and Auditor General of India that any wrong fixation of pay is noticed during Local Audit, even after retirement, has to be brought to the notice of the appropriate authority for taking remedial action.[Authority: Circular No. PM/ G.I/ F-6 (iii)/141 dated 12-Jul-1993]"

But, quite contrary to the above, the Accountant General, Karnataka had annulled the statutory sanction of Pensionary Benefits issued by the competent jurisdictional authority in favour of the retiree and unilaterally re-determined the quantum of the Pension, DCRG and CVP etc. on the basis of his pay in the pre-revised scale.

The retiree had filed a Writ Petition before the Hon'ble High Court, impleading the Distrit Judge (Pension Sanctioning Authority) and the Accountant General, Karnataka as Respondent-1 and Respondent-2 respectively. The WP came to be allowed by the Hon'ble Court with the following orders;

"Accordingly, the impugned order Annexure-F stands quashed. The 2nd respondent is directed to fix pension of the petitioner based on revised pay scale which came into effect from 1st April 2012 as per rules."

Thus, the validity and legal sanctity of the Pension Sanction order issued by the Respondent-1 (District and Sessions Judge)came to be upheld by the Hon'ble High Court (Single Bench).

But, both of the Respondents in the aforesaid WP had preferred the WA before the Hon'ble Division Bench of the High Court which was dismissed.

It is only after filing of Contempt Petition by the Writ Petitioner against the Respondent-2 in the WP and Appellant-2 in the WA, namely the Accountant General, Karnataka, the judgement of the Hon'ble Single Bench was complied with not latter than 30/07/2015, the date of affidavit of the accused contemnor, in its letter and spirit.

This elaborative explanation is made in the wake of filing the SLP before the Hon'ble Supreme Court in the first week of this year, jointly by both of the Respondents in WP and the Appellants in the WA, against the already implemented judgement and order of the Hon'ble High Court and having obtained an Interim Order from the Hon'ble Court, staying the operation thereof.

As for as my knowledge is concerned, the Principal District and Sessions Judge had no locus at all to prefer the WA before the Hon'ble Division Bench of High Court of Karnataka against such of the judgement of the Hon'ble Single Bench which had authenticated the validity and legal sanctity of the Pension Sanction accorded to the Writ Petitioner, since the said sanction order is construed to be merged in the judgement.

Thereby, the Accountant General, Karnataka had implemented the said sanction order by releasing the entire amounts as were sanctioned therein consequent upon quashing his unilateral order by the Hon'ble Court.

Therefore, this panel of the learned experts may be pleased to enlighten me about the conduct of the Petitioners in filing the SLP before the Hon'ble Apex Court.

I would make it clear that my case is fully covered by the judgement and order of the Hon'ble High Court rendered in the above case, except the difference that the Writ Petitioner in that case was placed under suspension whereas I had remained absent from duty without obtaining prior sanction therefor.

The Accountant General, Karnataka had given me a written information that the judgement and order in the above case have not reached the finality. As such, I will not be in a position to approach any forum, much less the jurisdictional court of law, in my case the Hon'ble Administrative Tribunal.

Please do clarify me as to whether it is legally permissible for me to approach directly to the Hon'ble Supreme Court.