Member (Account Deleted)
14 October 2011 at 19:13
Dear Sir
pl refer to the SC Appeal ( civil) No 3495 of 2008 decided on 28 Apr 2009 on the status of employees of the URC. It says ' That URCs are purely private ventures and their employees are by no stretch of imagination employees of the govt or CSD.---HENCE THE URCs can not be considered as the INSTRUMENTALLY of the state and HENCE URCs are not covered under the RTI ACT 2005. Who said JAG has no brains.
My query ; is the inference taking umbrage from this verdict legal?
Are the URCs not INSTRUMENTALLY OF THE STATE-Defence min of this country is the chairman of BOCCS ( BOARD OF CONTROL CANTEEN SERVICES).
For details see the link --
http://judis.nic.in/supremecourt/imgs.aspx
chirag patel
14 October 2011 at 19:06
my father is a chairman of one society under cooperative societys act...one flat of his society is vacant since last 12 years and no one has approached society regarding the ownership of said flat...now the society has decided that the said flat may be sold out and the amount collected may be used in society for the welfare of the society and after passing the resolution in the committee the flat has been sold out ...after 2 to three months one man claiming to be the owner of the said flat has arrived and produced the documents that he has allotment letter and possesion letter also.....
now that the flat has already been sold out by the society under the chairmenship that man has filed an application at the police station that the said the society has sold out my property ...
i would like to know that whether the man can do that and can police can intervene in the matter relating to civil nature........
i can give you further details
thanks
ramesh francis
Surender Oberoi
14 October 2011 at 19:02
May I request the hon'ble members to enlighten me on the following:-
1. A baby walker manufacturing unit is running in my neighborhood for several years. (In a residential area).It is causing a great deal of nuisance and discomfort to all the neighbourers. Due to having high links, no one is willing to raise voice against the owner of the factory.
2. It is causing air and noise pollution in the neighborhood.
3. It is not known whether the factory has a valid industrial license.
4. It is suspected that the owner may be an evader of income tax, excise duty, VAT amongst others.
5. The occupier has never paid house tax.
6. The unit also employs and exploits 7 people in these hazardous activities.
7. It is not using a commercial water connection.
Kindly suggest me the names and addresses of departments/authorities which should be approached for:
1. Closure of the factory
2. Ascertaining whether the owner has an industrial license, a commercial water connection, and has evaded any kind of taxes.
By means of a formal complaint or RTI application.
sembaianathan.k
14 October 2011 at 19:00
Sir,
Iam a staff nurse working for Jipmer.Recently there is a change in number of night shifts from the existing 5 days to 7 days based on number of years of experience among the same cadre staff nurse.
New Old
1-5 years experience 7 night (5days)
6-10 6 5
11-15 5 5
15-20 4 4
Are they legally eligible to increase duty and decrease duty for a group belonging to same pay band and same category. Juniors are being targeted without any prior information. What should I do?
Kindly guide me.
Thanks in advance
siri
14 October 2011 at 18:05
I am owner of residential vacant land(2no's i.e 23o sq yds in which semi hut was built for buffalos , 200sq yds hut was built and is given rent) which is in my enjoyment but not in possession & now my neighbor trying to occupy & disturbing by Title for last 3 months though he has no title in these 2 lands. Now I decided to suit in court for relief of permanent injuction on defendant. But problem arise here only i.e Actually
I also have some defect in my title for these 2 land but till now there is no dispute and i had proof of my title like gift deed registeration in year 2007 for 1st property & 20ll for 2nd property in my name which it was gifted by my husband and also municipal tax was paid by me for last 4 years.
The problem is total of 1acre of land my father in law & his 2 brothers wrote their share in plain paper in year 1979 after that share that was obtained for my father in law is again divide to my husband ,brother in law and father in law in year 1995 which was written in plain paper.except my husband & father in law remainning all were sold their properties.Now my husband has no good relation with remaining members including his brother & his father.
Because of this problem i.e we have no registered old link documents for last my husband father days ,now with my gift registered documents(year 2007,2011) i am afraid to suit in court on my neigh bour though i am owner with out dispute & my neighbour did not have any title on my property.
1)so experts plz give legal opinion how I suit for relief of permanent injuction on my neighbour
2)If once suit is injected in court and defendant doesnot appears what ever reason then how can I pray in court for EXPARTE decree on my favour for relief of permanent injection from my neighbour.It is possible for me for relief of permanent injection though court decree in my case
Raymond Fernandes
14 October 2011 at 17:12
Hi Friends,
Sub: Redevelopment composite development scheme under NOC of MHADA
DC Regulation 33 (7).
This is a matter of allotment of flat under redevelopment scheme which was already alloted to some other tenant & she sold it to builder in 2006 & the same flat he alloted to my father in the year 2009.
The builder called my father to come with necessary documents and to execute the agreement. My father approached him on his call, He said to first inspect the flat if my father founds some defects then he will renovate and then he will execute the agreemen of the flat.
When my father pointed out some defects in the flad the builder refused to cure it becoz he wanted to demolish the chawl (cessed building) and wanted to hand over to BMC & MHADA for road widening to grant him OC.
On his refusal of curing the defects my father appointed an advocate with the xerox (draft) copy of agreement of 2009 and filed a Short Cause suit at Bombay City Civil Court in the year 2010.
But my advocate while drafting the plaint wrongly mentioned that the agreement was executed with the plaint & builder in the year 2009.
In the month August my advocate applied an Notice Of Motion seeking injunction order restraining the defendants to disposses me from the said transit accomodation until the filnal hearing, bcoz while the suit was pending the builder approached MHADA to give me a notice to vacate within 7 days u/s 95 A of MHADA act. we failed to get any relief from city civil.
In the month of June 2011 my father filed an Writ Petition at Bombay High Court (division bench)challenging Mhada 95 A and also i came to know from RTI act 2005 documents which i got form BMC (building & proposal dept), Resident Executive Engineer Office (MBBR) board MHADA. in that my father allotment was showing in a newly constructing tower which is still under construction.
However this month in the devision bench the writ petition Original side was rejected while admission on grounds pointed out by builder advocates that my father as stated in SC suit city civil plaint in 2010, that the agreement as been executed & we have accepted. but the fact is we never accepted the flat but the local police and the MHADA officer evicted forcefully in the flat which offered by the developer last year in November 2010?
Now i really dont understand what to do? please guide me?
I had a suit filed in City Civil Court last year 2010. In the plaint my advocate had by draft error had written that an agreement as been executed with the developer & plaintiff
Anonymous
14 October 2011 at 14:37
1. A consumer against theft of electricity filed case in 2007 under consumer court Act and it is decided by order in 2011. Consumer act is different and electricity act is different. Kindly note once there is special court constitued under Electricity act for these cases but the consumer court decided the case.
Pls give opinion if same court can be asked to review the judgment once that consumer court has no jurisdiction to decide the case.
we know somewhere that some high court has decided that consumer court has not jurisiction to decided electricity theft case as there is court constituted for delaing theft case. ?
HARISH KUMAR
14 October 2011 at 13:29
While preparing time barred case in Income , one of client pointed out that some lawyer said that there is case law of Punjab and Haryana Court that minimum seven days time is required for chaspa before the expiry of notice. Please provide me the case laws under evidence act or other relevant act , to corroborate this fact.
abhinav
14 October 2011 at 02:25
sir,
my brother has completed his LLB degree without taking permission from his employer.is he is eligible for bar registration after giving resign and taking relieving letter?is his degree is valid?is he is eligible to write judicial service exam?is there any supreme court ruling which is relating to this case?what is the significance of col.mukul dev vs uoi case?
thanks
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Sale of flat
I am the chairman of one society in ahmedabad since last 2 years. In our society there was one flat which is in the name of one Pankaj Parmar which is vacant since the society builds approx. 12 years… Mr Pankaj has never approached society nor paid any dues to the society for 12 years ….In our committee meeting the society has resolved that the said flat may be sold out and the amount collected may be used for the welfare of the society and the resolution was passed in the committee meeting by the committee members.
Now that the said flat has been sold out by the society to one party with all the process documentation Mr pankaj parmar suddently arrives in the picture and claimed that he is the owner of the said flat and the said flat may now be handed over to him otherwise he will go to police………..
Society told him that now the time is over and you had never approached society nor you have any documents of the property like allotment letter, possession letter and nothing can be done now. Mr. Pankaj Parmar has played the game by approaching the builder of the society and with the help of the builder he has prepared all the documents like allotment letter , possession letter etc of the back date and go to the police station and made an appeal that the society has fraudulently sold out my flat to the third party.
Police inspector is threatening me that I may be behind bars and u/s 420, 467 and 468 may be charged upon the chairman of the society..
In this matter what can be done…………?
CAN A POLICE AUTHORITY CAN FRAME ME UNDER 420, 467 AND 468
PLEASE HELP