Anonymous
02 January 2011 at 15:08
I am working on adhoc basis for last 12 years and The CAT has allowed the petition which has directed the respondent employer to regularise my services from 2001 as the employer has committed the fraud for not displaying the result and has kept my candidature in dark
The order was passed in Feb 2010 and at time I was working on adhoc basis and my tenure was exipring on 30/07/2010 and I reminded the employer to implement the order but he didnot as result I filed the Contempt Petition in August 2010 which was admitted and issued notices to the respondent and the employer didnot release my salary(as I cannot asked for adhoc extension as the Contempt proceedings were pending)I filed the Miscallneous Petition in Sept 2010 and the CAT has ordered to release the salary within 2 days. My employer filed the Writ Petition before the High Court which has remanded it for deciding the issue of limitation which is till pending there before CAT. Therafter, the employer has terminated my services in Nov 2010 without serving me the copy of order. I filed the separate Petition against the termination which has been admitted and issued notices to the respondent
The employer is not willing to release my salary from July 2010 and nor providing me the copy of the termination order as 2 matters have been pending there
The CAT has already given order to release the salary with in 2 days in Sept 2010
In such circumstances, what should I do as the employer has availed my services from July2010 and has not paid me any single penny?
What remedy can be available as I have been harassed. My only fault is that I have exercised my rights and CAT allowed my Application and Employer gave me the reward by terminating my services?
Anonymous
02 January 2011 at 13:47
Learned Advocates,
One defendant has encroached in March 2010 and another has started in Nov. 2010, I ignored the encroachment by first one since the area of the land encroached was less and this encouraged the 2nd one and has encroached a substantial land.
Here the property is same, nature of encroachment too is same and encroachers too are neighbor themselves and both have encroached east portion of the land side by side. Only month of encroachment differs.
So shall i mention different cause of action?
What are the other options?
Is regular civil/title suit for recovery of possession is better than Sect 6 of Specific Relief Act?
Please answer.
Happy healthy and prosperous New Year-2011 and Thanks to all.
Jamai Of Law
02 January 2011 at 00:02
This is extension to my query,
http://www.lawyersclubindia.com/experts/please-help-me-to-understand-strict-proof-aspect-in-CPC-O47-R-1-c-r-w-R-4-2-b--143336.asp
Thanks to Berman ji and Gupta ji, their comments has helped to word this query more appropriately.
Can I disect the Rule 1 of O47 as follows in 4 ctegories?
Is there Discovery of 'new'?
Is there Discovery of 'importance'?
And
Was it within the knowledge?
Was it unfeasible to adduce on time?
I want to stress that: 'There is "discovery of Importance" about a perticular evidence which after due diligence, litigant ignored, but hon. judge put a lot of weightage on it and passed order due to lack of evidence. And hence litigant is shocked!!!
And hence litigant wants to adduce it as 'important' evidence which was within the knowledge but couldn't adduce it but wants to adduce it now, as judge finds it important.
Pease explain my doubt.
Bhalchandra Prabhakar Deshpande
01 January 2011 at 21:31
Hi
I have question regarding the authority to execute the leave and licence agreement
The company has its head office in Banglore and its branches located in mumbai, company has given authority letter to executate the leave and license agreement to Regional Manager , but registrar of mumbai refuse to accept the document on ground of non existance of power of attorney to regional manager from Managing Director to execuate the leave and lice4nse agreement
whether letter could suffiennt in such case , company has specifically mentioned the name of the employee to executate the leave and license agreement
registrar refuse on the ground of section 48 of the company act which talk about the power to alloted to specific person to act on behalf of the company
please guide in this regard
if power of attoreny on 100/- stamp paper will sufficient
regards
Bhalchandra P Deshpande
Anonymous
01 January 2011 at 19:53
Property jointly owned by 3 sisters and 2 brothers. Suit for partition instituted in 1969 in the high court, meantime court receiver was appointed in 1970.
Preliminary decree was pronounced in 1994 defining equal shares. One brother filed first appeal in 1996 claiming shares in the ratio 2:1 as per Islamic sharia.
On request by the second brother, the high court granted a stay on the preliminary decree of 1994, till the final order and disposal of the first appeal.
Meantime the brother who had filed the 1st appeal against the impugned preliminary decree died. Since none of his heirs appeared in the court on hearings nor were they brought on record, the appeal was finally abated in the year 2009. The court receiver is still in force.
Second brother expired in 2000, leaving behind old & illiterate wife and mentally retarded daughter aged 63 years. The mother and daughter were officially brought on record in August 2004.
Some outside notoroius fellows, who are neither blood related nor of the same sect of caste, managed to cheat the mother and daughter into signing a gift deed on pretext of love and affection in July 2004.
Please advise wether the gift deed is valid as it was during the period of the stay on preliminary decree from 1998 to 2009.
The court receiver is still in powers.
mani
01 January 2011 at 18:43
Dear expert
I am mani from pondicherry. I went written exam for post of asst finance in power grid corporation India LTD ( govt. of India undertaking).actually they were call the vacancy through employment exchange in my state .I am only one person select in puducherry union territory. then I went to personnel interview But, they were select the candidate from other state.Please see the SL. NO. 5 employment news from my state employment exchange .they did right or wrong.? It's a violet against employment exchange compulsory act 1959.
Kindly give a suggestion if possible to file the case against them.
I am waiting for your valuable reply.
Thanking you
mani
suresh_24nc@yahoo.com
mani
01 January 2011 at 18:39
Dear expert
I am mani from pondicherry. I went written exam for post of asst finance in power grid corporation India LTD ( govt. of India undertaking).actually they were call the vacancy through employment exchange in my state .I am only one person select in puducherry union territory. then I went to personnel interview But, they were select the candidate from other state.Please see the employment news from my state employment exchange .they did right or wrong.? It's a violet against employment exchange compulsory act 1959.
Kindly give a suggestion if possible to file the case against them.
I am waiting for your valuable reply.
Thanking you
mani
suresh_24nc@yahoo.com
Anonymous
01 January 2011 at 17:54
R/experts,
Plz. give me detail information about F.S.I. (Floor Space Index)and T.D.R. (Transferable Development Right).
Anonymous
01 January 2011 at 16:32
Dear experts,
I would like to know, whether a person can gift a property which is already mortgaged to a bank.
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judgiing own cause
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