yogesh
20 December 2012 at 19:13
dear sir
i have 2 agricultural elect. connections in my agri land in maharashtra since tast 8yrs and 23 years. now in last month msedcl squad visited in my farm and taken action to convert my elect. connection to commercial u/s 126 of I.E. act 2003. and charged me a sum of about rs 300000.00 without giving any notice or new bill and suddenly disconnected my supply in this week. before this i was paying mthly bill to the extent of rs 1500.00 or below.
i want connection immediately connected. so what action should i take? may i follow consumer forum ?
plz reply.
harsh
20 December 2012 at 17:19
can anybody please tell me what are the rights and duties of tenants under Rajasthan tenancy act, 1955
dibyajyoti saikia
20 December 2012 at 16:31
Respercted sir,
I am now working in a public limited company in Guwahati Assam .Our company head office in Agra . Our company more than 20 branches in all over india . i am working since may 2009 to till date .my company give me salary in cash no any salary account. my company donot give me pf or any benifit. now my question is that if there are any law for public limited company that the employee give benifit like salary a/c,pf .if thereare any law than please give me suggestion what can i do?
Pankaj
20 December 2012 at 10:40
Sir,
Kingfisher is not giving refunds. It's not me alone , there r many peoples who r not yet being paid. can i know how i will get legelly through consumer court. i also went to their offices at andheri but the result is same . They r only telling that we will not eat your money. Refund amt is only 3850 . but if there are 10000 people like me then how much the value of money is kingfisher . Now as per yesterday Hindustan times news paper, vijay malya donated 80 lakh to temple.
is it fair enough to donate in temple with holding public money. i am attaching the mail received from kingfisher to me.
They in normal course does not replying the mails. When i went their office with my laptop and told them to send me mail then they has replied and i cross checked that mail agaist their presense. Now sir they r only telling give us few days then we will revert back. But they has not reverted yet.
Can i claim loss of my money in consumer court in the proceedings with refund amt. payable by kingfisher.
sayed nisar
19 December 2012 at 22:23
Dear Sir
I would like to know that for notery any minimum or max limit is fixed and what is the requirement and procedure pleae replay
vincent
19 December 2012 at 19:33
Dear friends, I want to engrave my views about the injustice caushed to the pitiable secondary grade candidates, because there were no strong union or organizations for these kind of candidates and more over majority of the candidates belongs to female candidates and so they don’t find any way to fight for their rights. The union of the primary education teachers are all remained silent towards this injustice caushed to their successor community.
SOME IMPORTANT REFERENCES:
A. The TET test is conducted by the government in accordance with sub section (1) of section 23 of the RTE act 2009.
B. In supreme courts SLP (C) NO 18227/2008, 18228/2008 the supreme court has given the following decisions.
The state government should followed the state wide seniority in employment registration while appointing secondary grade teachers by calling for the list of eligible persons from all the district employment exchanges and by news paper public advertisements throughout the state.
Further directed that the aforesaid arrangements will apply for any recruitment to be made pending disposal of these appeals.
C. In annexture to G.O.(MS) no.181 school education department dated 15/11/11, the rationale to conduct TET has been listed out.
The rationale for including TET as a minimum qualification for a person to be eligible for appointment as a teacher is as under:
(i). It would bring national standards and benchmark of teacher quality in the recruitment process.
(ii). It would induce teacher education institutions and students from these to further improve their performance standards.
D. 9 (b) reads us: should give weightage to the TET scores in the recruitment process however qualifying the TET would not confer a right on any person for recruitment employment as it is only one of the eligibility criteria for appointment.
E. All legal disputes with regard to conduct of TET shall be subject to the jurisdiction of the appropriate government.
F. The seniority cut off dates before TET are as follows:
O.B.C – 09/10/2000; M.B.C – 11/10/2004; B.C.M – 11/10/2004; S.C.O – 12/03/2007; S.C.A – 24/03/2008; S.T – 12/03/2007; G.T – 13/11/2002 for non priority candidates and all available as on 12/10/2010 for priority candidates belonging to PH, DW, TCM, DEX, BCR, LAQ, DGE(S) AND OTHERS.
DISPUTES TO BE CONSIDERED:
1. Let us consider the date of enactment of the RTE act 2009 with regard to TET. According to the act TET is made compulsory to the candidates seeking for employment after 23/08/2010. The candidates employed in the posts after 23/08/2010 has to pass the TET exam within a time limit of five years. First of all this is ridiculous to accept this concept. If one joined in the post on 22/08/2010 his eligibility is not needed to be proved; If he joined on 24/08/2010 his eligibility has to be proved within five years; If the same seeks for post after 15/11/2011 his eligibility has to be proved before employment. Did this concept provides social justice? Did this concept proves all are equal before eyes of law?
2. Central government enacted this law in 2009. So it fixed the deadline as 23/08/2010. But it comes into force in Tamilnadu only after 15/11/2011. Therefore a separate deadline has to be fixed for the candidates seeking for employment in Tamilnadu. It should not be 23/08/2010. It must be after 15/11/2011. TET exam should be made mandatory to the candidates seeking for employment who finished their corresponding D.T.Ed. course after 15/11/2011.
3. The government of Tamilnadu alone had framed the syllabous for the X, XII and D.T.Ed. courses. The concerned board of education conducted the relevant examinations and declared them as eligible candidates for employment. Now the same government through another examination simply disqualifies the candidates. Now the point to be determined is which is correct and who will take responsibility for the consequences?
4. If the TET has to be valued, then there is an major error in the system of education so far followed by the government in X, XII and D.T.Ed courses. If the system followed in the X, XII and D.T.Ed. is correct then the error is in the pattern of the TET exam conducted. Candidates are not responsible for this cause. But they are blamed to a huge extent by media and public without realizing the truth behind the screen. Because the percentage of fail according to TET is huge (nearly 97 percentage).
5. If in a class of 100 students 97 students failed in the annual examination what will the government do? Will it take action against the corresponding teacher or against students? The public, media and parents should think rationally to answer this question.
6. The supreme court in its order in SLP ( C) NO.18227/2008 & 18228/2008 directed to appoint secondary grade teachers only through state level seniority basis. Now against the supreme court direction seniority has been disturbed in the name of TET examination. This TET exam provides the way to overtake the existing seniority basis. (Its like entering through the back door).
7. In annexture to GO (MS) no.181, the rationale for TET is explained. It reads us: it would induce teacher education institutions and students from these institutions to further improve their performance standards. Its quite amazing to understand this explanation. The students finished their courses and left out of the institutions some 5 to 10 years before the enactment of this law. How the institutions will increase the standards of their ex students? How is it possible? But for the current students it can do a lot. It can change their lesson plan or mode of teaching and all needed to improve the standard of the current students only.
8. The cut off date for secondary grade teachers recently published by the employment and training office is as follows:
O.B.C – 09/10/2000; M.B.C – 11/10/2004; B.CM – 11/10/2004; S.C.0 – 12/03/2007; S.C.A – 24/03/2008; S.T 12/03/2007; G.T – 13/11/2002 for non priority candidates and 10/12/2010 for all priority candidates like DW, ICM, DEX, BCR, LAQ, DGE(S), PH AND OTHERS.
Now the question is no consideration has been given to communal reservation and priority reservation. The GO’s are very clear that the communal rotation and priority reservation has not to be overtook or altered for any cause. But the TET has completely uprooted the existing social justice just with some persons personal intelligence.
9. From the above data it is very clear that many candidates are waiting for the employment opportunity over ten years. The TET is implemented from 23/08/2010. The RTE act provides opportunity for the teachers joined in the service before 15/11/2011 to improve their standards through various programmes and also gives a time limit of five years to qualify themselves. But the act remains silent about the unemployed candidates who completed their D.T.Ed. course before 15/11/11. Its only the duty of the government to govern their citizens. Why these candidates were left unemployed for so long period? Did they refused the employment opportunities provided by the government in the past years?
10. Here we have to consider one humanitarian approach. Because the mostly affected candidates by TET were low class and middle class female D.T.Ed. candidates. Normally a candidate will quaily in XII standard at the age of 18. Then she goes on D.T.Ed. training for nearly three years.(because this course will start and end very latter according to the academic year calculation). Now her age will be 21. The next stage for a middle class family is marriage. If she had two children nearly to a minimum of six years, she had to be spent for the nourishment of the children. If she had to left the children and seek for employments nearly another two years compulsorily needed. So she has to remain silent or wait for nearly 6 to 8 years about her employment needs. Now her age will be from 27 to 29.
What I explained above are true and day to day happenings within the door steps of each and every house. Now let us go back once again to the government policy. In the primary education appointments government insisted to appoint only female candidates from I to V only to provide the students mother care and affection while giving education. That is psychologically true also. So really a motherhoodness teacher will be available to society only after 27 years of age.
But these kind of teachers are now eliminated from the appointment by forcing them to challenge with new dimentioned youths in the name of TET. They may forgotten the subject. Because they were away from subject for more than eight years. That is not a crime. Forget and forgive are the finest characters gifted to man by god. Proper trainings and upgradation programmes will enrich them. But for this reason their 21 years of studies were totally neglected through 150 questions in the name of TET exam. That away period of eight years also spent by them in learning practical child psychology. Certain things cant be teached or educated. It should be born out of experience. Motherness is such an pleasant experience and much needed for primary education students. This feeling cant be tested through any tests. The primary students studying in the government schools are mostly from middle class family, farmers and daily wagers. The governments new branded TET teachers would not be suit to these jobs.
Because of their personal excellence, they will find hard to meet with little hearts sweet beats. They may be appointed in international schools, central board schools and in matriculation schools. Because paper intelligence is not needed for our village primary students. What needed most for the primary students is humanitarian, motherhood, lovely, duty conscious, sincere and dedicated teachers. For these qualifications TET’s 150 questions wont answer.
Now a days primary education pattern is reduced to most simpler forms. Play & learn and activity based studies are now highlighted for students. Tremsters also introduced. The method of education is going towards creativity. But appointment of teachers are weighed by paper intelligence. These 3 percent of successful teachers can’t help to improve the standards of government schools. Because the success percentage is not normal. It is something exceptional. Exceptions can’t be rules. These extra ordinary successful candidates (like Mr. Anand raj who commented in padasalai) can be taken to national level improvement program, like the fields of ISRO, NATURAL DISASTERS REHABILITATION PROGRAMMES, ATOMIC ENERGY, FOREIGN RELATIONSHIPS e.t.c. What I discussed under point 10 can be verified with psychologists and psychiatrists.
11. Another shocking news revealed through TET is the most candidates passed paper I were graduates, recently passed students and working employees . They were in touch with the syllabous which helped them to score some marks. The poor senior most secondary grade and middle class family women candidates were forced to run in the competition with the recent candidates.
12. The D.T.Ed and B.Ed. systems so far followed has helped as to rank second in the educationalised states in india. This TET has unwantedly mixed the two branches of studies through which the D.T.Ed candidates are heavily affected. The pitiable D.T.Ed regular female candidates after completing their courses got registered in the employment exchanges and waiting with hope to get opportunity, were expelled by the recently completed students and with extra degree qualifications. These cadet students walked out from their war field and conquered the weaker (compared to graduates) D.T.Ed candidates opportunity. (similarly for B.T by P.G. students) This rational injustice has been caushed to these pitiable D.T.Ed female candidates with the help of TET. Can the government prohibit migration of this eligible TET passed candidates to B.T., and P.G. posts in future. When they get their chance in the upper berth they will flow away. But that actual seat belonged to one poor, pitiable D.T.Ed female candidate has been stolen away with the help of TET will be wasted in future. The TET is like an war conducted against old orthodox tribal races by the modernized, heavily equipped, well trained military.
13. The RTE act 2009 and G.O.(MS) no. 181 did not provide any opportunity or sections or laws or any loop holes to conduct a Re test to a conducted TET test. The retest is totally illegal and it don’t have any legal value before state and central government laws.
That too retest means it should be conducted to all. Supplementary test is totally different from retest. For failed candidates supplementary test will be conducted. For a retest it should be conducted to all. I don’t know how the government can select 2448 candidates through a TET test conducted for one and half hours and another 18,000 candidates through a retest for the same TET test for three hours. How these two categories were balanced and awarded ranks?
Why the first selected candidates were not asked to write the retest? They passed TET in one and half hour. If the same candidates were asked to write the retest, they can score more marks. Because now the duration of retest is three hours. It will help them to get better ranks. Why this opportunity is not given to these eligible candidates? Why did not the passed eligible successful candidates approached the court to get their chances? The truth behind their success can be subjected to little suspicious and their belief in luck and lack of faith in their knowledge. (not for all successful candidates).may restricted them to go for another test. If the number of vacancies were not up to the required level definitely a portion of the candidates will approached the court.
14. There are three types of test namely eligibility test, entrance test and competitive test. Entrance test are conducted to bring uniqueness among different kinds of education system in practice. Eligibility tests are conducted to check the strength of the courses offered. Competitive test are conducted to find skilled persons to suit for the employment opportunities. Its for the first time eligibility test is conducted like competitive test and employments were made on the basis of this test.
15. The schedule 9 (b) of the GO (MS) No.181 clearly states as follows: should give weightage to the TET scores in the recruitment process; however qualifying the TET would not confer a right on any person for recruitment employment as it is only one of the eligibility criteria for appointment.
But all the postings were now completely filled with candidate passed in the TET alone. For D.T.Ed candidates the seniority has been completely collapsed with TET exam. This is an absolute violation to supreme courts verdict in SPL(C) NO.18227,28/2008. The candidates were given appointment instead of seniority on the TET basis. The above section denies the right to seek for employment on TET basis.
16. Another important issue to be discussed about TET is the hardness of the question paper. For both TET tests variety of answers were published by various training academies. But none of the academies were able to release key answers for all questions and unique key answers were not given by all academies. TRB also published key answers. But failed to give correct answers for all questions. It listed some questions as out of syllabous and some as invalid questions. Nearly 23 questions key answers were challenged by educationists. TRB framed the questions. But it is unable to release correct answers after one month of the examination. What happened finally was not known to public. Exact answer keys were not published after correction to the tentative answer key list. Grace mark details are not revealed to the public. If it is this much harder to find answers for the questions by the TRB itself, how much it will be tough for the candidates to choose answers within the examination hall.
17. The whole teaching community has been blamed through out india by the certain individuals personal intelligence. Asking questions away from the syllabous, and through twisting questions what they want to prove to the world? Teacher training students are only average students. It is well known fact. Those who scored high in XII were selected to professional colleges, medium students to degree courses and the rest only were directed to D.T.Ed. course.
The D.T.Ed. candidates already given their opportunity to degree students for VI std to VIII std. postings. Now the remaining opportunities are also ruined through TET exams. So TET exams has to be cancelled for secondary grade teachers.
18.can the honourable high court consider this issue with motherly heart and pass orders to appoint D.T.Ed candidates in the seniority basis and proper upgradation programmes can be given to the candidates to enrich them if needed. Because the D.T.Ed. candidates had no other mode of appointment except teaching to primary standards. The graduates had all the ways opened to get opportunity in other fields also rather than teaching.
CAN THIS ISSUE BE CHALLENGED IN THE HIGH COURT OF TAMILNADU BASED ON THE ABOVE FACTS? SOME SAYS AS RTE ACT 2009 IS PASSED WITH PRESIDENTS SIGNATURE NOTHING CAN BE DONE TO THIS ACT. IS IT TRUE?
Dear experts,
One of my client was living separately from her husband, since he was having extra marital affairs and some other bad habits. She is having a girl child. They were living separately nearly for 5 years. Suddenly on 21.09.2012 he died by getting current shock. Thereafter the death ceremonies were done by his relatives and only after all these things happened it was come to the knowledge of my client through the Police Station. Then she went to the police station and they have just given a copy stating the details of his husband and mentioned he had died. When she went to Municipality to apply for death certificate, they asked the Graveyard receipt, but she is not having the same. Thereafter, she could not apply the same. Since she is the only breadwinner, she left the same and went to her job. When she applied to insert her child's name in the Ration Card, she was asked to produce the death certificate.
Now, how could she get the graveyard?
Whether she can ask from the police station or she has to apply before the Magistrate Court?
Since 20 days has been elapsed to apply for the death certificate what is the procedure to apply for death certificate?
Please kindly help me to do favour to my client....
G.D GEMINI
18 December 2012 at 19:59
MY FATHER AND HIS ELDER BROTHER STARTED A MFG UNIT IN 1978 IN PARTNERSHIP AND PURCHASED SOME PROPERTIES. BOTH THE BROTHERS WERE RESIDING SEPERATELY BUT THE SALE DEED OF PROPERTIES WERE ONE IN BOTH THE NAME SHOWING OWNERSHIP IN EQUAL SHARE
IN THE YEAR 1992 I ALSO PURCHASE A PLOT WHICH WAS IN MY AND MY UNCLE'S NAME IN THE SALE DEED IN EQUAL SHARE.
IN THE YEAR 2000 MY UNCLE OBTAINED A PARTITION COLLISIVE DECREE SHOWING ALL THE PROPERTIES ANCESSTRAL BEING PURCHASED FROM HUF FUNDS AND AGAINST COMPROMISE THE COURT PASSED A DECREE BUT NO STAEMENTS IN THE COURT WERE RECORDED EXCEPT MY FATHER AND BROTHER
IN THAT CASE AGAINST MY OBJECTION THE PLOT WHICH WAS IN MY AND UNCLE NAME WAS NOT MENTIONED IN THE PLAIN BUT THE SAME WAS MENTIONED IN COMPROMISE BY UNCLE AND DUE TO BLIND FAITH MY FATHER PUT HIS SIGNATURES ON THAT COPROMISE. AS WAS DOING BUSINESS IN DELHI I WAS NEVER TOLD ABOUT THAT CASE AND DECREE.
I CAME TO KNOW ABOUT THIS FACT IN 2006 AND FILED A CASE FOR SETTING ASIDE THAT DECREE WHICH WAS OBTAINED BY FRAUD AND MISREPRESENTATION FROM THE COURT.
I HAVE TENDERED ALL THE SOLD DOCUMENTRY AND ORAL EVIDENCES THAT ALL THE PROPERTIES ARE SELF AQUIRED AND MY SIGNATURES ARE FORGED ON COMPROMISE. THE OTHER PARTY WITNESSES AND THEIR STATEMENTS ALSO CONFIRMED THE PROPERTIES SELF AQUIRED (MAIN POINT) AS PER OTHER SENIOR ADVOCATES AND DURING PROCEEDIDNGS THE JUDGE ALSO CONFIRMED ABOUT THE FRAUD DECREE. THIS CASE WAS ON ARGUMENTS STAGE IN THE LAST WEEK OF OCTOBER BUT MEANWHILE IN ADVANCE IT HEARD THAT THE JUDGE IS BEING TRANSFERRED AND ON 30.10.12 THE SAME JUDGE DISMISSED MY CASE.
I GOT THE COPY OF JUDGEMENT AND FELT SURPRISE THAT THE JUDGE NO WHERE DISCUSSED MY EVIDENCE AND DOCUMENTS AND ALSO THE CONFIRMATORY STATEMENTS OF OTHER PARTY AND THEIR WITNESS WHICH WERE IN MAY FAVOUR. HE ONLY DEVELOPED THE JUDGDMENT ON SUCH POINT SO THAT HE MAY ANOUNCE THE ORDER IN FAVOUR OF MY UNCLE.
ANYHOW I HAVE FILED THE APPEAL BUT FOR THIS JUDGEMENT WHICH IS GIVEN CONCEALING ALL THE TRUE FACTS AND WITHOUT REFERRING MY WITNESS AND DOCUMENTS BUT ONLY TO FAVOUR OTHER PARTY,
IN CONCLUSION I WOULD LIKE TO HAVE YOUR SUGGESTION AS TO WHETHER I CAN MAKE COMPLAINT TO THE CHIEF JUSTICE FOR THIS WORST ACT. THE JUDGMENT IS ITSELF MY EXPLANATORY EVIDENCE.
EXPECT YOUR SUGGESION EAGARLY.
REGDS
KAMAL
Dilshaad
18 December 2012 at 19:09
Hi
I got the job thru consultant in Tour and package company in month of sept'12.
Got my salary cheques, which got dishonoured twice.
That company is no more exist, and so called their corporate office which is in Mumbai ( its a flat cum office), and when enquired its no more exist.
Please suggest what needs to be done in this scenario. Should I lodge a FIR complaint or sue that person and the consultancy too. what is the process needs to be follow?
As far as i got the information about the owner of that company, she stays in some hotel in chandigarh. when contacted, she always says, " I will give you your salary" and before presenting the cheques, she's been informed about the same and top of that she herself told us to present the cheques.
Unfortunately twice my salary cheques got dishonoured.
Please suggest what needs to be done in this scenario.
Eagerly awaiting for your suggestion. As I am totally shattered and I am not financially strong too.
Best regards
Shaad
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Our officers' association was given favourable decree by Hon'ble High court of Judicature of Madras. Our opponent says it will go for a "caveat" against this judgement. Can a Hon'ble high court decree be opposed ?