Anonymous
10 September 2010 at 10:17
I have posted the query and I didn't get the reply on my query possibility that it may not come across with the experts of this forum and therefore I am re-posting it
I am Govt employee(Class-II)& law graduate in health care organisation working on adhoc capacity for last 12 years.I used to get the extension for the period of 6 months.In year 2001 interview for the regular posts held and I was being placed in the panel as waitlisted candidate But the waiting list was not displayed b y the employer.One appointed candidate has resigned from services but my candidature was not considered by the employer. I came to know about this fact through an RTI Application filed in year 2007 and made my representation to the employer.The employer gave its replied that my case cannot be considered for regular appointment as the resultant post has been floated into the reserved category
I filed the petition in the CAT who has given verdict in my favor with the apex court judgement that Reservation applied to the posts and not to vacancy and it has given differential treatment to the petitioner and directed the employer to regularise the services from date of accural of vacancy with all consequences admissible in law with in the period of 3 months. The judgement was pronounced in Feb 2010
After the period of 3 months, I send the reminder to the employer to kindly implement the order but I didn't received any intimation
Finally I move the contempt petition against the employer for willfully and delibrately non implementation of the order
My adhoc tenure was expired on June 2010 and the employer has not relaesed the salary of July & August 2010 with the contention that I have not applied for adhoc extension
So I filed separate Miscallneous Application in the CAT to give directions to the employer to release my salary with interests
My query are:
1 Whether I should apply for adhoc extension for another period of 6 months so that employer can release my salary?
2 Whether my application for adhoc extension will not be contrary to the Judgment/order of the CAT who has already passed an order to regularise my services from year 2002
3 Whether employer can seek defence that he has not applied for adhoc extension and we are not binding to release the salary
4 Whether separate writ in High Court or in Supreme court is maintainable to release the salary?
6 Any other suggestion which the respected experts will like to give
Md Shadab Ansari
28 August 2010 at 00:02
Dear Learned Experts
How to calculate the compensation u/s 163(A) of MV Act if the age of the deceased is 55 his salary is 16000/month, wife and parents are dead and has 4 children(2 son and 2 daughter both married).
Also explain the procedure of calculation with illustration with given figures...what is the difference between 163(A) and 166 of MV act.
Thanks
M.Swaminathan
01 August 2010 at 22:24
Kindly give expert advice to my legal problem:
Though Munipality had issued water connection sanction way back in 2005 I am not issued the work order and water connection is not given to my building. I had filed a Writ before high court of Madras to issue directions to issue work order . Orally the Public pleader representing Municipality says orlly to the judge that I do not have proper sanction and hence water connection is not given.Iconstructed first floor in 1996. I applied for a residential plan but soon after construction been using the building for commercial purposes. I sent a letter to municipality stating that the building is used for commercial purposes and to assess the building at commercial rates. I have paid tax uptodate .Municipality has not questioned the usage all these years for commercial purposes.In 1999 I applied for further building plan first for residential purposes but later due to site exegencies submitted a modified plan showing correct usage of building in Feb 2000n showing modifications proposed. Municipality did not dispose off the modification request though they acknowledged receipt of the building plan request. After waiting for statutory 15 days time I issued a notice again I am using the building for commercial purposes aand going ahead to complete the building as per modifications.( the said modification request is not disposed off by Municipality) After completing the building Municipality issued a demolition notice which was dismissed in 2005 indcated under the Municipalities Act and sent a notice to Muncipality that in view of the modificaition plan request is not disposed off I am procceding to complete the building as per the modified paln submitted to Municipality. The said modification request is not disposed off till date.
In the mean time Municipality instigated CMDA ( Chennai Metropolian Developmentauthority) to issue a demolition notice I filed a writ and I obtained "Status quo" order and it is still in force.The point of put forth by me in the Writ was deemed sanction in view of non disposl of the modified plan submitted to Municipality within mandatory period. Since the matter is coming for hearing shortly within 4 days , indicate the judgements that could be quoted and the line of arguements to me made by the advocate to get favourable orders for issual of work order to get water supply.
Sent to : Admin on 31 July 2010
raghavendra
21 July 2010 at 16:54
sir,
can you provide Notification of high power committee vide said G M No.5343/10/93-94 dated 24.01.1994 iddued y the govt of india.
sir ,
this is regarding the suit pending in the civil court, fact is both plaintiff and defendent both are govt department as per our contention and as per that notiification also court does not have jurisdiction ,
please guide me where can i get that notifiactions, if anybody have that please give me attachents
thanking you
J. P. Shah
20 July 2010 at 12:09
It is common experience that appeals and complaints lodged with Central Information Commission/State Information Commissions [CIC/SICs]are inordinately delayed, as there is no time limit fixed for them to decide, unlike PIO and FAA under RTI Act 2005. There are time limits for applicants also.
Right to Information is a fundamental right under article 19.1.a of Constitution of India and RTI Act 2005 is procedural law to operationalise fundamental right.
Unreasonable delay on the part of CIC/SICs amounts to negation of this right, since delayed information becomes useless for citizens. Under the Constitution, no one has authority to interfere or negate fundamental right of citizen, except by due process of law. Thus CIC/SICs are routinely committing bluntant breach of citizens’ fundamental right guaranteed under article 19.1.a, without any process of law, by inordinately delaying decisions and their timely compliance.
Governments also indulge in clandestinely creating such conditions so that decisions are delayed at CIC/SICs; say by under staffing [including ICs] , selecting inefficient ICs and other staff, not providing infrastructure for efficient working of Commissions etc. This is done to frustrate citizens against using RTI Act.
To improve upon the situation, is it possible to file a PIL against Govt. of India, State Govts, CIC and various SICs in Supreme Court of India? Our learned members may cogitate upon this idea and comment.
12072010
Anonymous
23 June 2010 at 12:15
Respected Experts,
Plz. Clarify the doubt and give a solution for the query.
A and B are contesting a landed litigation since 40 years. While things stands thus, both of them entered into a compromise and accordingly a decree has been taken in favour of “A”. To implement the said decree, "A" has approached the revisional authorites and when the matter was carried before the revisional authorities/courts, “B” also raising some technical objections/disputes against “A” and wherein “A” has succeeded in all Revisional Authorities and also Single Judge of High Court. Again the matter was carried out by “B” upon the judgment of Single Judge.
While a Writ Appeal pending before the Division Bench of High Court, “C” entered into the picture and got purchased 3/4th of the lands by way of Registered Sale Deed and 1/4th of the lands by way of Registered Agreement of Sale cum GPA. I think that “C” entered into the said lands, knowing about the dispute and further “A” has succeeded in all lower courts and with a view to succeed before Division Bench also, since “A” has valid reasons to win the case.
Unfortunately the Division Bench has quashed all the orders below and that a SLP is filed and it is pending before the Apex Court. At this movement, “C” has the following doubts.
1. “C” wants to implead in this SLP as a party, as he was not impleaded earlier.
2. In case, if A colludes with B, what “C” should do?
3. Is there any possibility by A, to cancel the above two registered deeds, either today or tomorrow.
Anonymous
20 June 2010 at 10:53
The O.P. has offered for an amicable setllement on the condition of withdrawal of a case pending in Consumer Forum. In the event of the settlement being materialised, what is the procedure for withdrawal. Pls. guide.
ANIL KHATRI
11 June 2010 at 15:56
My brother is a partner in a firm wef 01-06-2007. In last three year he had never provided any detail of accounts & now suddenly other partners demanded him to pay Rs.250000/- as his share of liability & decline to provide detail of accounts.
Now my brother wants to leave the firm. I want to know what are his rights ?
Want are the steps to be taken to resign from a firm ? ( Firm is not registered & and partnership is at will).
Can any one provide me draft of notice of resigning & advertisement draft.
As per deed my brother is partner for 20% share and his capital introduction in firm is 100000/- and other four partners are 3 lakh each. They submitted a liability statement as per that our share in liability is 20% while share in asets is 9%. Is this way of calculation is wright ?
P.Balasubramaniam
08 June 2010 at 17:12
Dear Sirs,
One of my client intented to purchase two different properties. When I scrutinising the documents, I have got some clarifications.
a. First item of property and its larger extent was purchased by one Ramasamy during the year 1965. He settled the portion of the property to his Minor son Ramesh through his junior wife Latha in the year 1976. The settlor gives only life interest to his junior wife and his minor son, the absolute right goes to the male legal heirs (Grand sons of the Ramasamy) of his minor son Ramesh. The settlor Ramasamy died in the year 1978. His son Ramesh died in the year 1987 as unmarried. The said Ramesh got four married sisters. His mother Latha filed a suit against the Tahsildar, to declare that she is the only legal heir. The suit is decreed as prayed for in the year 2008. The said Latha sold the said property in favour of the present owner. Further the said Latha died in the year 2009. My clarification is that both the Mother and Son have got only life interest, then how she sold the property without obtaining signatures from the other legal heirs of the settlor. Is it valid sale transaction. I request the learned seniors advocates to guide me in this matter with suitable case laws.
b. Likewise, the second item of property and its larger extent was purchased by one Murugan during the year 1975. He died intestate in the year 1979 leaving behind his senior wife, junior wife, 2 sons and 2 daughters through his senior wife, 1 sons and 3 daughters through his junior wife. The said legal heirs partitioned their properties during the year 1983. Under the said partition F Schedule property was allotted to his Junior wife and her son for their life interest and their life time the property shall be goes his (son's) male heirs. The said died in the year 1987 as unmarried leaving behind his mother as his Class I legal representative. His mother filed a suit against the Tahsildar, to declare that she is the only legal heir. The suit is decreed as prayed for in the year 2007 and his mother sold the said property in favour of the present owner. Further she died in the year 2008. My clarification is that both the Mother and Son have got only life interest, then how she sold the pproperty. Is it valid sale transaction. I request the learned seniors advocates to guide me in this matter with case laws.
With Regards,
P.Balasubramaniam
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Visit to Bank
Sir,
Since i had 02 emi unpaid & the collection executive are harrassing,i visited the local branch for clarification.
Here the main concerned office said that if i did'nt pay the minimum amt till 22nd of this month they would send a warrant to Borivali police stn for my arrest.
Is that possible?
pl advice.