Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sandeep kumar   19 June 2011 at 01:46

False Affidivit

What are the consequences if a person has filed false affidit in DDA to get a flat. As you have to file an affidivit first that you dont have any other property in delhi. The person had got two dda flats and also has other residential proeprty in delhi.

What charges can be file and what is the maximum punishment

Arun M   18 June 2011 at 23:20

Legal heirs

My neighour died on 2009.His wife Smt Rema and two children.His parents(father and Mother) are alive.He purchased a property on 2008 through a sale deed.Who are all his legal heirs for this property ? They are followers of Hindu religion.

govinda   18 June 2011 at 20:58

govt service matter

sir,
any person served 17 yrs in state govt till 1983 then got selected for central govt services and expired in 1994 after completion 10 yrs of service thus his wife is getting pension in minimum basic pay scale

does his past service in state govt be added to central govt pl suggest

M.RAMACHANDRA RAO   18 June 2011 at 20:33

will non-sanctioned post constitute next grade of hierarchy?

Sir,
In NYKS a central autonomous body, the post of Junior Accountant in the scale of pay of 4500-125-7000 is not sanctioned post as on the date of implimentation of the scheme of ACP. The Post was sanctioned in 2007 while ACP was implimented on 16-05-2001. The Post of Junior Accountant is the next grade of hierarchy to the Accounts Clerk cum Typists in the scale of pay of 4000-100-6000.
Only ad-hoc promotions were made for 5 Junior Accountants which were regularized in 2007 after posts are sanctioned.
Above the post of Junior Accountant is Junior Accounts Officer/Accountant in the scale of pay of 5500-175-9000 which is a sanctioned post.

Normally a post will be created, then RRs will be framed and then appointments will be made while in NYKS posts are filled up in 1987 RRs framed in 1998 and posts sanctioned in 2007. That is totally reverse.

In this situation, will ad-hoc promotions (ACT to Junior Accountant) given is valid (non-sanctioned Posts) and constitute the next grde of hierarchy for the post of ACT? Please reply

Anonymous   18 June 2011 at 19:00

Bye laws of cooperative housing society ltd. Maharashtra

Can anybody provide a pdf/word file of Bye laws of cooperative housing society ltd. Maharashtra,
Can anyone povide link to download latest circuars of reagistrar cooperative societies Maharastra

Anonymous   18 June 2011 at 16:06

Written Statement

Whether the W.S signed and verified by one answering defendant bind others co-defendants ,when all appeared through one advocate and no separate W.S filed by them or no No-W.S order passed against them ? Plz

Anonymous   18 June 2011 at 15:14

mobile tower

is there any process to stop the installation of the tower in the residential area if yes than what is the procedure and where we have to approach and it will be better to approach in the group of person or the nearby neighbors

SAPNA KANNAIDAS   18 June 2011 at 10:40

Juriidiction for offence u/s 138

Dear Members,

Would like to know under the jurisdiction of which court the offence committed u/s 138 is governed?

I have gone thru the famous case of K. Bhaskaran v. Sankaran Vaidhyan Balan, which talks about the five different locations where a suit can be filed (where the offence was committed):
1. Where the cheque was drawn.
2. Where the cheque was presented for encashment.
3. Where the cheque was returned unpaid by drawee bank.
4. Where notice in writing was given to drawer of cheque demanding payment.
5. Where drawer of cheque failed to make payment within 15 days of receipt of notice.


How do such a wide interpretation bring the parties to a mutual conclusion to the place of jurisdiction. Each party will obviously select a place which is convenient and near to him.

Our company is base in Mumbai and gets cheques from parties all over the country. Can we mention a clause in the invoice itself stating that all disputes will be subject to Mumbai jurisdiction only. Will mentioning such a point bind the other party?

Kindly advise as there is a lot of confusion.

Regards,
Sapna K

Anonymous   17 June 2011 at 22:33

Are there any guideline provisions for Orders like Sec 33 O 20 for decree and judgment?

For judgment and decrees:-

There is sec 33 and O 20, Which tells that how court hears the matter and when passes the judgment etc.



But my question is about Orders :-


For passing orders:-

where are the analogous guidelines and legal provisions in CPC like above?


Can a court take "liberty" not to "hear" parties whiling making an order (Both parties have filed a lengthy written arguments!! And then court dispensed the stage of 'oral arguments'. )


Is it legally appropriate for a court make sua sponte order in such a fashion?


Anonymous   17 June 2011 at 21:52

Harassment by threats/coercion, abusive practices by Telecom Company Airtel

Harassment by threats/coercion, abusive practices by Telecom Company Airtel


Sir,
The query is given below in detail. Kindly advice, and help.

Airtel’s staff approached company office of X and allured all staff to take mobile phone connections and pledged better connectivity, services, tariff plans compared to existing connections of other companies. They were wearing Airtel ID.
X took one connection.
1. Copy of SEF (Subscriber’s application form) and receipt of security was not given. X demanded it from local office, and they refused and stated the staff was not of company but of some agency and declined to give address of agency and asked to contact the staff (and locate and find the concerned staff). X complained to local RO (Regional office) officials, and then to helpline numbers and then in writing to nodal officer and appellate authority. No one replied in writing, or supplied the SEF and security receipt. They started calling from unidentifiable numbers and claimed the copies are not supplied as per company policy. Can they do so?
2. The original bills were not supplied. However X used to ask by phone and paid in time. Company claimed bills have been sent and delivered. Dispatch details, POD were demanded in writing from nodal/appellate authority. No one replied. X needed original bills for reimbursement by company. Later company supplied photocopies, and company of X demanded photocopies to be authenticated by seal and signature, and Airtel local RO, agencies refused and nodal officer. Appellate authority never replied who shall authenticate. X suffered delay in reimbursement. Can Airtel do so?
3. X registered for DND and despite that Airtel sent vulgar, promotional, commercial SMS (from Airtel and third parties) and despite written complaints to nodal officer. Appellate authority, Airtel never acknowledged in writing that they have sent SMS, and neither confirmed penalty if any is paid by them to TRAI. Can they do so?
4. Airtel company and later their agencies started calling X for payment of bills of phone number which were never owned by X. The calls were rude, threatening, and abusive. X complained in writing to nodal officer. Appellate authority, MD and demanded to supply name of owners of phone numbers from which calls were made, and copy of SEF, ID, Photo, verification report of phone number which was not owned by X and also copy of SEF, ID, Photo of phone number which was issued to X and was in use by X, so that he can compare and lodge a complaint with police. No one replied. The calls did not stop and even high officials from RO, and circle office did not supply any detail or concrete evidence that phone number was owned by X and never supplied details of owners of phone numbers from which calls were being made and address of their recovery agency.
Can they do so?
5. X demanded in writing, Airtel should send their competent employee for a meeting on the subject of his grievances, with all documents and minutes of meeting be recorded. Airtel never replied in writing. On phone they stated that they are sending their employee, but no one ever came.
X demanded in writing that Airtel shall stop all phone calls including so stated service calls and SMS and reply in writing by letter only to which they stated on phone that Airtel does not reply by letter and replies by phone call only. Can they do so?
6. The Airtel staff and their recovery agencies started calling from fake and fictitious numbers and stated that since X is lodging complaints in writing and demanding reply in writing, they shall cancel his connection.
Nodal Officer/ appellate never confirmed in writing that the phone numbers from which calls were made are their numbers and the persons making calls are their staff.
Can they do so?
7. In addition to phone calls from fake and fictitious numbers Airtel started sending emails from strange email Id’s. X demanded in writing that Airtel should state in writing that these email id’s are owned by them. Neither MD, nor nodal officer, nor appellate authority replied. Senior officials of Airtel including Rohit Sangh, and Choudhary ( Head- recoveries) and G.S. Bedi stated Airtel does not reply in writing as Airtel shall suffer for their faults. These calls and previous calls are recorded by X. These officials have stated during calls that recorded calls have legal value in courts. Is it True?
8. X started sending notices to company and mentioned that he shall deduct Rs.500/ for each notice and cost of his representations ( amount was mentioned) from their bills if the details , documents, and also, SEF, security receipt, point wise reply to all representations, and terms and conditions of company are not supplied before due date of the bill. Nothing was supplied. X deducted the payments, after a prior notice in writing.
Airtel included the deducted amount in next bills.
9. Airtel disconnected and suspended the connection but kept on sending the bills.
10. Once again coercing, threatening phone calls started from fake and fictitious numbers and no one ever confirmed in writing that these numbers are owned by Airtel. X had not given his new number to Airtel. Can they call at number which is not supplied by X, despite orders by X that they should communicate in writing only?
11. People pretending to be clerks from court, ( at a location which is not the city of X), and later police personnel started calling and stated that court has issued summons and he should at once meet them, and come to court premises and quoted chamber number which appears to be of some advocate.
Late they started stating that summons shall be submitted to thana of area of X and police shall arrest him. No summonses have been delivered till date. Can they do so?
Which is the appropriate court, city of X where connection was issued or place of circle office of Airtel?
A legal notice has been sent by Airtel and time given is 7 days. Should X reply, since X has already lodged descriptive complaints?
X has lodged complaints with police and has recorded calls of the company and its representatives. Police authorities, have pointed out no court staff including police constable ( tamili staff) shall call on phone. They shall come to deliver summons if any, and summons are not refused, then they shall after 3 attempts approach police commissioner office to help deliver summons thru local thana.
X has exposed Airtel to media. There are already lots of publications in media about fleecing and loot of customers by prepaid, post paid customers and citizens have even burnt the effigies of Airtel.

Kindly advice on above and what steps should X take.

.