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A.Mohamed Thaheer   01 May 2009 at 09:52

Retiral benefits - delayed - payment of interest - case law

Please cite the latest and most favourable judgment of supreme court of india. with direction to pay maximum interest for the delay on the part of the employer in paying gratuity and commutation of pension to a central govt. employee.

A.Mohamed Thaheer   01 May 2009 at 09:46

Reiral benefits - delayed - payment of interest - case law

Please cite the latest and most favourable judgment of supreme court of india. with direction to pay maximum interest for the delay on the part of the employer in paying gratuity and commutation of pension to a central govt. employee.

B.B.R.Goud.   29 April 2009 at 17:02

constitutionality

a person 'A' acquired a fake Engineering certificate from a university and doing a job since 4 years. recently the employer identified as it is fake certificate. now the employer, to what extent, he can take an action and further, to what extent, he can initiate and institute the legal proceedings?
therefore you all intellectuals may pleased to advice....
thanking you all, in advance...

Member (Account Deleted)   26 April 2009 at 14:11

PIL

whether news paper cuttings can be attached as annexture with a PIL petition?
Can news paper cuttings can be relied as evidence in a PIL?

Narender kumar   25 April 2009 at 09:45

about vote casting

Hello Respected all, I want to suggest & want to know that how my suggestion can take legal stand. My suggetion is that to Improve voter percentage there should be a vote cast certificate which must be issued by presiding officer in favour of voter,this certificate must compulsory for all gov. facilities like DL,Pass port,addmission of children & other Important activities.Thus certificate will last long till next election.This type of action can improve vote cast percentage in our country.

S.N.Derashri   22 April 2009 at 16:56

compulsory retirement

It is most urgent. Please help me and let me know some case law or authorititave pronouncements from Hon'ble Supreme Court or any High Court " that the consideration for compulsory retirement pending DE is bad in the eye of law and it amounts to dismissal from service in guise of public interest"
S.N.Derashri

Paresh   22 April 2009 at 16:37

Ex MLA not getting pension request your guidance

This is to bring to your notice that Mr. Tapubhai Vaghela is an Ex MLA of Gujarat State. At the age of 86 he is not getting any pension from either Maharashtra Govt or any pension from Gujarat Govt.

He has also written many communication mails which is enclosed as below.
I would like you to bring this issue to the notice of the Govt through your popular news media.

What steps he can take further?

TAPUBHAI VAGHELA
(Ex-MLA, Maharashtra (Bombay State & Gujarat State
“MADHUVAN”,
8 – Ramkrishna Nagar,
Vidyanagar Main Road,
Rajkot – 360 002.
(Gujarat

Ph. (0281 6545744)

Dear Sir,

Sub:- Stoppage of pension that Maharashtra Government sanctioned to the members of Legislative Assembly of Bombay (1952-57 & 1957-62 from Gujarat state).

My name is Tapubhai P. Vaghela, Ex-MLA, Maharashtra (Bombay State & Gujarat State, elected from Kunkavav (Gondal region under Bombay state constituency of Bombay Legislative Assembly for the period 1957-1962.)

In the year 1960, the State of Bombay was bifurcated into two new States of Maharashtra and Gujarat by the Bombay Reorganisation Act, 1960. The present State of Maharashtra came into being on 1 May 1960. I was one among 132 members who came under the purview of Gujarat Legislative Assembly from Bombay Legislative Assembly, elected from Gujarat.

The Maharashtra Government has sanctioned pension under Maharashtra Legislature Member’s Pension Act 1976. Under this act any member elected from Bombay Legislative Assembly during 1957 was eligible for pension. This also includes the members elected from the region, which later on came under the purview of Gujarat Legislative Assembly by the applicability of the Bombay Reorganisation Act 1960. There were 14 members of Gujarat constituency who were held eligible to receive pension by Maharashtra Vidhansabha. Hence, w.r.t. letter no 27701/PENCEL dtd. 17.09.1999 of Maharashtra Vidhansabha, I have received pension with all the arrears w.e.f. 01.04.1977 to 30.06.2002.

All of a sudden this pension was stopped w.e.f. 01.07.2002 by letter no 2792/H/PENCEL dtd. 14.02.2002 without prior intimation. It is quiet surprising that though the Maharashtra Legislature Member’s Pension Act 1976 was never amended, after paying the pension for 25 years, it was stopped at once by misconception of the act through the letter by Maharashtra Vidhansabha as mentioned above.

By this atrocious act by Maharashtra Vidhansabha, I am hung by very tough condition financially, mentally & physically, with no source of income to meet up my and my wife’s requirements at the age of 85 years.

As I am not under condition to fight against the Government through judicial court, I humbly request you to look into this matter at your earliest for suitable justice to me.

Thanking you,
Faithfully,
TAPUBHAI VAGHELA

Ex-MLA, Maharashtra (Bombay State & Gujarat State.)

A.Mohamed Thaheer   20 April 2009 at 11:41

Limitation

Under what provision of the limitation act, we can seek condonation of delay in filing review petition in the high court against the order of the same high court. what is the normal period of time allowed for making the review petition in the same high court

Let me have a citation of case law by supreme court of india.

anshul sangal   19 April 2009 at 22:29

Colorable legislation

Sir can you define the doctrine of colorable legislation?

A.Mohamed Thaheer   16 April 2009 at 11:13

Allowed Writ Petition Certioriri-When Review allowed

In a Writ Petition filed by the Administration for quashing the directions of the Central Administrative Tribunal, Chennai, the Bench allowed the Writ Petition without giving a reasonable opportunity to the Respondent for submitting a detailed counter for argument.

In the conclusion of the Order, the Bench directed the Administration to complete the criminal case for a decision within a period of six months from the date of receipt of this order, so that the fate of the respondent should not hang on balance indefinetly, for getting his retiral benefits.

But, the Administration has not filed even the counter in the High Court, where the criminal case has been stayed in the High Court,in favour of the Respondent.

Whether not compliance of the direction of the High is taken for granted for the comtempt of court?

Whether, a Review Petition can be made over this judgment for the failure of the Administration, and this fact could be brought to the Bench for remedial action?