salman khan
12 February 2013 at 18:36
Respected Experts!!!!
i would like to know as written in stamp paper NON JUDICIAL STAMP Paper, then how it can be used for Judicial Purpose.
Thanking you
vipul shah
12 February 2013 at 18:27
Respected sir,
one private charitable trust regd.with chariy commissioner wants to sell its property.whether that trust requires permission from charity commissioner?
s k singh
12 February 2013 at 08:55
Dear sirs,
I get selected and recommended for appointment vide order passed by Honorable high court order passed in CWJC,LPA AND MJC.
Recommendation for appointment was sent to respective department on 20.04.2012.Govt of Bihar notified to appiont the recommeded candidates within one month by notification 2374 dated 16.07.2007.
My documents get verified on 17.10.2012. Again driving test for appointment was held on 19.01.2013. I was declared succesful in said test.
Now the concerned appointing authority is not appointing me after finalising all required formality.
I approached the Minister and commissioner on paper but in vain.The borker are asking me to pay huge money to get appointment letter and I am not agree with this option.
This is case of Appointment of Motor Vehiucle Inspector Vide advt no 2607 in State of Bihar.
Kindly suggest,what legal steps can be taken against them to get appointed.
Daljit Singh Mann
11 February 2013 at 21:41
'A' moved a application under RTI to 'B' who is a PIO in a office. After 7 days of receiving said application, 'B' send a letter to 'A' for deposit of Rs. 2540/- as cost of information sought by 'A'. 'A' did not deposit any amount but sent a letter to 'B' and said to give an affidavit regarding the claiming of said fee. Now what should 'B' do ?
meee
11 February 2013 at 18:13
Sir,
I am Indian Central Govt employee of CRPF. One day i tried to attempt suicide i.e. hanging myself in Govt Quarter due to some repeated family problems. But fortunately neighbors saved my life. Also got medical treatment for 15 days. After that doctor said that i am fit for Job by Physically and psychologically. Now my department take Court of Enquiry for my act (Not Lodge any FIR). But, i felt that i did very big mistake and i realised my fault. Also i promised my self that i will not do such act in future for considering 1 1/2 Year child and aged parents.
In this situation how can save from court of enquiry.? Please give solution sir.
Sidharth
11 February 2013 at 14:13
Searching for a lawyer who is thorough with AM & ASR Act, who could get the compensation to be paid to the ASI reduced, after judgement orders of the Metropolitan Magistrate Saket
sabir h hirani
11 February 2013 at 13:08
I have purchased flat no. 001 in a building. the total area of the flat is 785 sq. fts. One agreement was registered, one mseb bill, one maintenance receipt, one house tax. However lately the society has referred the sanctioned building plan which shows two flats. The builder has combined two flats and merged into one and sold me accordingly. Now the society is demanding me to pay maintenance for two flats. can the society charge me two maintenance for one flat. The society has also issued me one share certificate. The society is planning to issue me two share certificates. can a society do this when there is only one flat registered. Please help me in this issue.
M.K.Ganatra
11 February 2013 at 12:36
At site due to cold two employees burned coal inside the vehicle at night. Later in morning both were found dead. Cause of death in post mortem report state - uncertain. But it is assumed that cause may be due to inhalation of gases from the fire lit by them. The employees were on duty. Whether the claim is payable under Workmen's compensaation act. Please let me know with noting under law if any. Regards,
Mayur Ganatra
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Statutory obligations/mandatory orders vs limited resources
1. This is a clarification which I wish to seek on the matter of statutory obligations/mandatory orders Vs limited resources. A number of times there is pressure from the higher authorities for performance wherein full complement of the resources authorised are not given despite repeated request. Rather when a demand is made to boost up the shortage of manpower and equipment the reply from the authorities given is that with the same amount of shortage of manpower the others are performing better. This seems ridiculous since the pressure on the similar appointments may vary, circumstances around a particular appointment /post may vary. The personality of the person handling the appointment may vary. .A case in point is 1974 English Court of Appeal case, in which an applicant sought an order directing that his local authority comply with its legal duty to him to provide accommodation after he lost possession of his flat. It was found that he was not entitled to such an order. The Judge stated that, where there is evidence that a local authority is doing everything in its power to comply with its statutory obligation but has failed to do so because of circumstances beyond its control, “it would be improper for the court to make an order of mandamus compelling it to do that which it cannot do...”
2. Similarly in the case of the Hoey case, in which the Court held that if a local authority was in breach of their responsibilities there was a statutory obligation to force them and “budgetary embarrassment was no answer”. Oireachtas having imposed a statutory duty on local authorities, being required to provide the means of carrying out that duty
3. Can I request the experts to throw some light on the principle followed in India on the subject matter. Any citation /decision of Supreme Court if given by any expert in this matter would be appreciated. I have personally felt this perpetual problem being in government service. Despite repeated request for projecting the deficiency or (non-cooperation from lower headquarters to whom the work is sometimes delegated) , these requests / are not fulfilled and ground realities are not understood by higher authorities and these higher authorities are, as if ready to take an action against a subordinate officer for not producing the results. The higher authorities are not interested in listening the story but are more interested in results to be produced by hook or crook.
4. Only thing which can come probably to defence of a government officer is some constitutional provision or Supreme Court decision which he can quote to save himself.
5. Would not any expectation by higher authority to complete the task in the absence of the lack of resources amount to arbitrary and unreasonable expectation/decision since whenever there is arbitrariness in the state action, article 14 of the Constitution springs into action.
6. In the case of NATIONAL COUNCIL FOR TEACHER EDUCATION AND
OTHERS Vs SHRI SHYAM SHIKSHA PRASHIKSHAN SANSTHAN AND
OTHERS ETC. ETC.(Civil Appeal Nos.1125-1128 of 2011) dt JANUARY 31, 2011 the apex Court gave the decision that the council is directed to ensure that in future no institution is granted recognition unless it fulfils the conditions laid down in the act and regulations. Institutions should be allowed to come into existence only if the sponsors are able to ensure that they have adequate material and manpower resources in terms, for instance, of qualified teachers and other staff, adequate buildings and other infrastructure (laboratory, library etc). However, this is as per the guidelines issued by NCTE i.e these are must for the recognition. But what is the status in case of any other organisation where mandatory orders are to accomplish results despite lack of manpower and equipment resource?
7. Isn't there any general rule which says that the authorities are supposed to provide the means to carry out of duty. If the means are not provided it is something like asking soldiers to fight war without a weapon, clothing and equipment.