Mallikarjuna G
24 November 2016 at 08:05
Sir
Land ( which is received patta under form no -2 ) purchase transaction ( buying/selling) is valid in leagal between the SC and ST community in Karnataka.
Pl suggest
Anonymous
23 November 2016 at 18:39
My dad recently passed away. He was 53 and was SDM at LIC. I applied for compassionate job. My elder brother who lives in abroad has sent a lawyer notice stating that he has an objection giving the job to me. So the LIC people are just dragging things and not doing anything. My mom and sister want me to take up the job as I am currently unemployed. My brother left our family long back and went on his own and was back on my dad's death. He doesn't need the job instead he want to seek revenge on our family by sending these lawyer notices to LiC by not getting me the job. What can I do . Any one pls help me. What will be the solution for this.
Ayan
23 November 2016 at 13:23
As Continue from Last query , i am stating the full fact
1)My maternal grant father given two shop at rent in 2009 for a period of one year
2)Shop(s) keeper have only paid one month rent in 2009
3)My maternal grant father file case for eviction in 2009, but lawyer did not give
the case number till date
4)My maternal grant father have got a notice from court (injunction), from shop keeper
5)Lawyer only inform the case date till 2012
6)Shop keeper have broken the whole shop, and built new construction like showroom,
without informing the grant father.
7)From 2012 onwards , lawyer is not communicating with grant father ,grant father and his family has reach several times to meet lawyers , called over phone , send letter .Lawyer
is telling i will talk after 15 days till 2012.
8)Now grant father is age of 82, partially visibility and hearing loss, he neither know his case number not getting paper of the case
9)we engaged two lawyer separately, the both confirm, no such case exists, but the objection
file from shop keeper till in record in the court
In this scenario, we want to file complain against lawyer to bar council
My question is
1)What is the process of filling complaint in bar council?
2)As he is 82 and no source of income, complain can be made free or not?
3)As 8 years rent have not given by shop keeper, what is the process to claim it?
4)Can a shop keeper construct without inform, owner?
5)Paying no rent or construct new shop, is sufficient to ground of eviction?
6)What is the process to know , the shop keeper is giving rent to rend control or not?
ASHWANI GAGNEJA
23 November 2016 at 12:28
As per instructions by expert R.K. Nanda,I am stating detailed facts. I have filed a recovery suit against a Gurgaon based company in 2001, in Tees Hazari Court. The defendant filed Written Statement without any authority by Board Resolution. At the cross examination their representative carry any P.O.A and told the court that he will submit it later, which he never did.
Both my lawyer & Judge ignored. Now the case is in arguments stage.
1. Can we raise this point & can the ex-party proceeding can be initiated against defendant.
2. If not, there is a doubt of the bar of limitation as the last bill comes under limitation time but is on plain paper & is un receipted but never acknowledged or disputed by the Defendant
Thanks a lot
Tom
23 November 2016 at 06:25
One of the CC case is staus listed as:
Business on Date- 20/4/2016;
Hearing Date - 22/4/2016;
Purpose of Hearing- Order /Judgement.
Does it mean that the case is finally disposed off ? But the order /Judgement is not available in the e-court web site.
How do i get a copy of judgement, being not a party to the case !
Shah
23 November 2016 at 02:53
Plaintiff obtained injunction. Now defendant has raised objection on the ground of pecuniary jurisdiction. Issue framed. Can the court order that preliminary issue be decided at hearing of suit, and decide as preliminary issue.
ASHWANI GAGNEJA
22 November 2016 at 20:20
As per instructions by expert R.K. Nanda,I am stating detailed facts. I have filed a recovery suit against a Gurgaon based company in 2001, in Tees Hazari Court. The defendant filed Written Statement without any authority by Board Resolution.At the cross examination their representative carry any P.O.A and told the court that he will submit it later, which he never did.
Both my lawyer & Judge ignored. Now the case is in arguments stage.
1. Can we raise this point & can the ex-party proceeding can be initiated against defendant.
2. If not, there is a doubt of the bar of limitation as the last bill comes under limitation time but is on plain paper & is un receipted but never acknowledged or disputed by the Defendant
Thanks
Ashwani Gagneja
sachin
22 November 2016 at 20:01
No.36012/11/2016-EStt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel and Training
North Block, New Delhi 110001
Dated the 30th September 2016
OFFICE MEMORANDUM
Subject: Contempt petition (C) NO-314/2016 in SLP (C) N,o.4831/2012-Samta Andolan Samiti through its President vs. Sanjay Kothari & Ors.
Reference: 1. SLP(C) No.30621/2011
2. SLP(C) No.31735/2011
3. SLP(C) No. 35000/2011
4. SLP(C) No. 2839/2012
5. SLP(C) No.4831/2012
6. SLP(C) No.5859/2012
7. SLP(C) No.5860/2012
8. SLP(C) No.30841/2012
9. SLP(C) N0.6915/2014
10. SLP(C) No.8327/2014
11. SLP(C) No.16710-16711/2014
12. SLP(C) No.23344/2014
13. SLP(C) No.23339-23340/2014
14. SLP(C) No.21343/2015
15. SLP(C) No.33163/2014
16. Contempt Petition (C) No.314/2016 in SLP (C) No.4831/2012
The undersigned is directed to invite attention to this Departments 0M. No.36012/45/2005-Estt (Res) dated 10th August, 2010 (copy enclosed) on the subject reservation in promotion — treatment of SC/ST candidates promoted on their own merit
2. The OM No.36012/45/2005-EStt(Res), dated 10.8.2010 was challenged in the High Court of Punjab & Haryana in CWP No.13218/2009 [Shri Lachhmi Narain Gupta & Ors Vs Jarnail Singh & Ors ] The Hon’ble High Court Punjab & Haryana vide its judgment dated 15.7.2011 quashed the O.M dated 10.8.2010.
3. Against the Order of the Hon’ble Punjab and Haryana High Court dated 15.7.2011, an SLP was filed by Jarnail Singh & Ors. The Union of India through Department of Revenue also filed SLP No.6915/2014 in this case.
4. The Hon’ble Supreme Court vide order dated 03.02.2015 passed the following interim order In SLP No.30621/011- Jarnail Singh & Ors. Vs Lachmi Narain Gupta & Ors:-
“Let the matter be listed in the second week of March 2015 on a non- miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.
3. Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued. The matter came up for hearing on 29.9.2016 before the Apex Court.
4. In order to preclude any interim order in the contempt case, as desired by the Honble Supreme Court. the Learned Solicitor General has undertaken that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010.
5.In the light of the above, till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.The main matter along with the contempt petition is likely to be taken up for hearing on 22.11.2016.
6. These instructions may be brought to the notice of all concerned for information and necessary action.
sd/-
(G. Srinivasan)
Deputy Secretary
No.36012/45/2005-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi- 110001.
Dated the 10 thAugust, 2010
OFFICE MEMORANDUM
Subject: Reservation in promotion — Treatment of SC/ST candidates
promoted on their own merit.
The undersigned is directed to refer to this Department's
O.M.No.36028/17/2001-Estt. (Res.) dated 11 thJuly, 2002 which clarified
that SC/ ST candidates appointed by promotion on their own merit and not
owing to reservation or relaxation of qualifications will be adjusted against
un-reserved points of the reservation roster and not against reserved points.
It was subsequently clarified by this Department's O.M. No.36028/17/2001-
Estt. (Res.) dated 31.1.2005 that the above referred O.M. took effect from
11.7.2002 and that concept of own merit did not apply to the promotions
made by non-selection method.
2. Central Administration Tribunal, Madras Bench in O.A. No.900/2005
[S. Kalugasalamoorthy v/s. Union of India & Others] has set aside the O.M.
No.36028/17/2001-Estt. (Res.) dated 31.1.2005 and held that when a person
is selected on the basis of his own seniority, the scope of considering and
counting him against quota reserved for SCs does not arise. The High
Court of judicature at Madras in the matter of UOI v/s.
S. Kalugasalamoorthy [ WP No.15926/2007 ] has upheld the decision of the
Central Administrative Tribunal.
3. The matter has been examined in the light of the above referred
judgments and it has been decided to withdraw O.M. No. 36028/17/2001-
Estt. (Res.) dated 31.1.2005 referred to above. It is clarified that SC/ST
candidates appointed by promotion on their own merit and seniority and not
owing to reservation or relaxation of qualifications will be adjusted against
unreserved points of reservation roster, irrespective of the fact whether the
promotion is made by selection method or non-selection method. These orders will take effect from 2.7.1997. the date on which post based
reservation was introduced,
4. These instructions may be brought to the notice of all concerned.
(K.G. Verma )
Director
I WANT TO KNOW WHAT DOES THIS ORDER SAYS AS I AM NOT ABLE UNDERSTAND THIS LEGAL ORDER I SHALL BE GREATFUL IF YOU ALL EXPERTS GIVES THE ANSWER IN EASY TO UNDERSTAND LANGUAGE WHAT THIS ORDER HOLDS
THANKS
ASHWANI GAGNEJA
22 November 2016 at 19:31
As per instructions by expert R.K. Nanda,I am stating detailed facts. I have filed a recovery suit against a Gurgaon based company in 2001, in Tees Hazari Court. The defendant filed Written Statement without any authority by Board Resolution.At the cross examination their representative carry any P.O.A and told the court that he will submit it later, which he never did.
Both my lawyer & Judge ignored. Now the case is in arguments stage.
1. Can we raise this point & can the ex-party proceeding can be initiated against defendant.
2. If not, there is a doubt of the bar of limitation as the last bill comes under limitation time but is on plain paper & is un receipted but never acknowledged or disputed by the Defendant
Thanks
Ashwani Gagneja
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Will
Hello,
sucession planning is very important. So my Father had given a lumpsum amount to my sister. My sister is married,
My Father has one house and some FD in bank. The FD has been t/f to my mother's name since she is the nominee. MY father is no more.
My father has a court registered will which says that after his death, both his movable and immovable property will go to his wife and his son only and no one else.
Now to prevent any future complications, my Mother wants the following. Pls comment whether below points are ok and pls add if something more needs to be done.
1) My Mother wants to make a will, that after her death, the house and other immovable assets will go to me and only me.
So what should be written in her will. Will her will also mention the will details of my Father ?
2) For Info,In the FD in her name, Iam the nominee
3) Do we need to do any other thing like giving some notice in a newspaper etc to prevent any future problems.
Pls note that my sister is not claiming anything nor any intention to do so. But to be on same side, My mother wants to be careful
regards
Manish