Vinita
03 March 2013 at 14:49
Dear Sir,
Good Morning
I am from Pune (Pimpri-Chinchwad) city. I have my own house in Chinchwad. My neighbor’s family & his rented family also throw garbage at my premises from last 8 years. Many times we request them to not to do such a chip thing, but in vain. Now when we returned them their garbage, they quarreled & commented like he will kill us if we irritated him about that thrown garbage.
What is the legal provision in law against neighbor’s treble? How can I keep safe & tension free my family from him?
Please guide me to take right decision.
Member (Account Deleted)
02 March 2013 at 01:39
My girlfriend went home 17 days before. She never contacted me after(which never before happened). Her mobile is switched off since 7 days. We are in livein since 2 years. We both love each other a lot. We decide to get married this year. When i called her home, nobody allowed me to talk to her. We are living in two different states. What should i do?
Member (Account Deleted)
01 March 2013 at 16:47
I am attaching a letter issued by the govt of Andhra Pradesh Department of Sainik Welfare vide their Memo No 13891//Admin/2007-S1 Directorate of Sainik Welfare MJ Road Nampally Hyderabad dated 19-01-07.
I wish to obtain CAP cert for my daughter for the admission to medical college in this state. I have a valid voter id, living in the same apartment since Nov 2002 and registered with the Ranga Reddy Zilla Sainik Welfare Office Hyderabad since my retirement on 31 Jan 2009. In fact due process of law I changed my permanent address way back in 2003-04 in my service book which is maintained at the Army HQ Delhi. My daughter fulfills the condition as a Local cat candidate which has already been confirmed by the EAMCET authority concerned in writing.
But I am denied CAP certificate quoting the letter above which in my opinion has misinterpreted the order of the High Court of Andhra Pradesh on a Writ Petition filed by a few affected candidates Vide Writ Appeal No 951 &952 of 2006 (Despite my all out efforts I could not locate the order of the High Court in the Internet, either the same had not been uploaded or tampered with).
For your convenience as uploading of a document to Lawyerclubofindia site is a Herculean Task for me and I have experienced trouble with my P4 2005 vintaged Desk top computer I am quoting vertim the relevant para as quoted by the Govt of Andhra Pradesh in the letter quoted above to come to the conclusion and to demand from the Ex Servicemen like me
a) Original Copy of the Discharge Cert
b)Identity Card
c) Pension Book
d) TC & SSC certificate of the Ex-servicemen (self) to proof that he belongs to Andhra Pradesh State ( Domicile of AP).
The letter in gist :
GO Ms No192 of Education Department (EC-2) dated 26 -081993 issued orders categorising the ex servicemen into four categories for admission into Engg, Agricultureal and Medical (EAMCET) for the children of the Armed Forces Personnel and also defined the term NATIVE as follows:-
Native means Ex-Servicemen, BSF personnel , CRPF personnel who have represented the state of Andhra Pradesh at the time of joining the service by declaring as the permanent Home Address as a place in Andhra Pradesh and are bonafide natives of the state including these AP servicemen/BSF personnel, CRPF personnel who are stationed in other states at the time of submission of application for admission".
It further states " Without giving any consideration to the GO Ms 192 of Education (EC-2) department dated 26-08-1993 , the education department issued GO Ms No 370 of Education (EC-2) DEAPRTMENT dated 18-08-1994 amending the GO Ms No 184 of Education Department (EC-2) dated 20-08-1993 wherein children of all ex-servicemen and serving defence personnel , CRPF , BSF Personnel irrespective of their nativity who reside in AP for five years are made eligible to seek admission into Engineering , Medical colleges. (This is the Internal Bureaucratic fights within the education department of the sub-sec-EC-2, A UNIQUE CASE, i DO NOT KNOW GOVT PROSECUTOR WAS ON WHICH SIDE OF THE EC-2)
As per the para 4 of the letter Ex-servicemen Welfare Associations ( I do not which one as we are all who have settled are members of the Ex-servicemen Welfare Association in one way or other, but never raised this issue)had stated GO 370 is against the interest of the ex-servicemen/serving personnel who are domicile of the state...as many ESM who belong to other states are claiming the benefits by MERELY submitting a residential certificate from the Mandal Revenue Officer for five years.
At Para 3 it quotes the Order of the High Court verbatim which reads as follows :
" For availing of various benefits/concessions offered by a state , ex-servicemen has to be the domicile of that state."
" Held that mere residence in AP for 5 years will not entitle a person to the benefits available to ex-servicemen in the state of AP without the proof of an individual's domicile in the state of Andhra Pradesh"
At para 4 it then states and I quote verbatim :-
" In view of the above all the Zilla Sainik Officers in the State are hereby instructed to issue Children of Armed Forces Personnel Certificate ( CAP Certificate) only to the children of Armed Forces Personnel who are domicile of Andhra Pradesh whhich is interpreted as :-
" Natives means Ex-servicemen and serving Armed forces personnel ( Indian Army , Indian Air Force and Indian Navy) who have represented the state of Andhra Pradesh at the time of joining the Armed Forces by declaring a place in Andhra Pradesh as their Permanent home Address"
And it conclude at para 5 as follows :-
" The officers are hereby instructed not to issue CAP certificate to any Ex-Servicemen who belongs to other States and settled in Andhra Pradesh even though he has changed his address in the Discharge Book .
There was definitely a govt prosecutor who defended the case and another who represented the affected candidates in the year 2006. I am no lawyer but I can sense that GO 370 of the Education Department(EC-2)headed by some minister of some political party when published as the govt of Andhra Pradesh order superseded the GO published by the same department namely GO 192 as well as GO 184 dated 20-08-1993 and 26-081993. One can very well see how bureaucrats in this country engaged in TURF wars.The Department Sainik Welfare headed by a retd Brigadier who issued CAP Cert based on GO 192 and not on GO 370 of 18-10-1994 had infact committed a serious breach of trust and should have been dismissed. Instead he seems to have spearheaded the campaign in the name of some unauthenticated Ex-servicemen .
Whole issue has now been a case of misinterpretation of the govt of India High Court Order which nowhere has said what has been interpreted by the Dept of Sainik Welfare headed by a Brigadier. In essence citing this auth one can question the domiclity of Dr Manmohan Singh to represent some State in the North East and be asked to step down as our PM.
Now I request the experts to help me in this regards..
I certify that I do not belong to BPL category..
Sanam
28 February 2013 at 15:47
Hi there,
I have an issue regarding the year of registration on my BC. First of all let me start by saying that my BC was recently issued by court as I was not able to find mine. I was born in 1958 and at that time there was no registration system. Plus I was born at home not hospital. i tried my best to search for previous records all i could find is my school certificates which mentioned my date of birth. I hired an attorney and he did the needful by getting the court to issue a new BC for me.
Now my real concern is that I recently found out that my mother is a former portuguese citizen and I could be entitled for citizenship as an adult child. So I got all the necessary documents needed to file my registration in portugal. Unfortunately, according to portuguese Nationality law, an adult child can only be entitled for citizenship if and only if the child's birth has been registered by his/her parents before the child turns 18! So according to that my recent issued BC mentions the date of registration as 19/9/2012 instead of my actual birth date i.e 19/9/1958. This will actually deny my application for the citizenship! Is there a way out to request court to grant permission to change the YEAR? Can this be done?
P.S: Both my parents are dead and none of my siblings have any of their births ever registered by my parents as all were born at home!
Please help!
Many thanks
Sanam
kiran
28 February 2013 at 10:02
here is intresting in karnataka reservation i cant conclude that under 3B reservation i have seen 1(a) veerashaiva lingayat and 1(b) lingayat sub castes so on what is the difference between the 1(a) and 1(b) in 3B category antbody from karnataka plesae help me
below list of karnataka 3B list :
CATEGORY-III(B)
Sl.No. Name of the Caste Sl.No. Name of the Caste
1 (a) Veerashaiva Lingayath (f) Kulavadi
(b) Lingayath Sub-groups of Helava,Ambiga,Bhoyi, Gangamatha,Sunagara,Agasa,Madivala, Kumbara,Kuruba, Bajanthri,Bandari,Hadapada, 2 (a) Maratha,Marata (c) Kadri Vaishnava
(b) Are Kshatri,Are Maratha, Arya Maratha (d) Sameraya
(c) Arya,Aryaru (e) Sattadaval
(d) Konkan Maratha (f) Sattadavan
(e) Kshatriya Maratha (g) Vaishnava
Sd/-
D.M.AGA
Deputy Secretary to Government,
Social Welfare Department.
Reformist !!!
27 February 2013 at 11:04
Hi Experts,
I have a query, If someone is going through a criminal case and is on Interim Bail from HC.
Can that person apply for PR in a different country and apply for immigration there ?
As far as i know, Police clearance certificate is required in this case for PR or immigration and police may create problems while providing PCC for this purpose. Can anyone pls guide and if a person goes to jail for 10-15 days and then comes out on regular bail, is he still eligible for PR cos still he is not acquitted or not even convicted in that criminal case (i m talking about 498a & 406 here......So the other country is gonna term him as a criminal or what ?
Seshagiri Viswanatha Rao
26 February 2013 at 09:13
Good Morning Experts
The Bill on the National Identity Authority of India Bill in 2010 to make the UIDAI (Unique Identification Authority of India a statutory body introduced by the Union Government has already been rejected by the Standing Committee of Parliament, kindly indicate whether it is legally valid for its enrollment by the citizens which is through executive orders in the absence of Parliament's approval
Regards
Pramod Singh
25 February 2013 at 20:21
Sir,
Presently I am working in PSU (BHEL) as Assistant Engineer. Prior to join BHEL, I had applied for ISRO (Central Govt) for the post of Technical Assistant. Now I've got appointment letter from ISRO. Since I've signed a bond of worth Rs. 100000 with BHEL, ISRO HR personnel has suggested me to submit a Technical Resignation in order to transfer of bond and other superannuation benefits.
I'd like to know (a) what is the Technical resignation exactly and, (b) what are its benefits and, (c) what would be needed to written in technical resignation letter?
Pramod Singh
pschauhan89@yahoo.com
Sanjay
25 February 2013 at 16:14
Dear Respected Lawyers,
kindly refer a experienced lawyer who could take up the case of my missing son. My son deserted IAF 7 years back and I have received letter from record office that he has has not absconded with any arms or ammunition or after committing any serious offense.
However I have recently asked IAF through RTI if his legal responsibility towards IAF is over since he is dismissed for desertion of over 3 years by CAS almost 3 years back.
Kindly guide how can I take this up, I am myself is retired IAF sergent.
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Clarification regarding a few terms required.
1. What is an Executive Decision/Action?
Why is it not required to be approved by the Parliament?
Given that ours is a parliamentary democracy and the PM and his Council of Ministers are answerable to the Parliament, why is it that even important executive decisions viz. FDI in retail do not require Parliament's approval before being implemented?
Can all the executive decisions be discussed in the Parliament?
2. What is a Government Order (shortly G.O.)?
Is it as good as a law made by the Parliament/State Legislature?
If yes, then why is it that action is not taken (as in case of G.O. 610 pertaining to Telangana) against those not implementing the G.O. (in this case successive governments of Andhra Pradesh themselves haven't implemented the order)?
3. Do Rules specified under an Act require approval of the legislature which passed such Act? Are these Rules only directives or are they as good as a law?
Many thanks in advance.