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Kavitha Balan   07 January 2024 at 16:55

Election - association

My gated community apartment election happened 3 years ago and the tenure of the current association is completed 1 year ago. They didnt do the next election & is continuing the honorary positions without further elections for past 1 year. Kindly guide us on what to do?
Where to complain on this?

Anonymous   14 December 2023 at 07:04

Is there any law that one missed call by mistake is a crime

My Son is a 4yr old kid . He was playing with phone and called on a random number. The girl called back and strated threatening me after 15 mins I received a call from an SI who said this is crime. I apologised for the mistake. But he is accusing me for no reason. Please help what should I do

Anonymous   29 November 2023 at 23:06

Writ of mandamus in the bombay high court format

The Supreme Court of India has given on its website the format for a writ petition for mandamus under Article 226 of the constitution of India. Is the same format to be used for a writ petition to be made to the Bombay High Court?

Nandavanam   28 September 2023 at 11:52

Claim of damages against former official superior

This query has been posted in the Forum Section couple of days ago. The query is reposted in this Section for more informed response -

I am a retired senior Government Officer. While in service, there had been many instances where I was required to be part of unlawful actions. I had avoided such instructions. In some cases, I had taken action contrary to the instructions. Such actions have been upheld by the Courts.

However, just a couple of months prior to my retirement disciplinary proceeding initiated. Enquiry officer was appointed only after two years when I approached the Tribunal. Enquiry took more than one year. But he did not submit Report. So, another officer was appointed. He also did not complete the proceedings even after two years. Finally, the Tribunal quashed the proceedings for total non-application of mind by the disciplinary authority. I could not get pension, gratuity and other benefits in time because of the pending proceedings.

I wish to proceed against the former superiors including the disciplinary authority and the inquiry officers and claim damages from for them deliberate harassment. Can I file a civil suit in the civil court for the purpose? I do not wish to proceed against the Government.

Read more at: https://www.lawyersclubindia.com/forum/claim-of-damages-against-former-official-superiors-231198.asp

Additional query: After retirement I am permanently settled in my native place. Much of the instances of harassment, such as change of Inquiry Officer etc., have taken place post-retirement. As such, which civil court has the jurisdiction to entertain the suit - the place I am settled presently or the place of retirement (outside my Home State)

Harsh Verma   24 September 2023 at 01:10

Clubbing of original suit and writ petitions

Can an original suit and a writ petition be clubbed together? What is the constitutional provisions that allows it? What conditions/grounds to be considered while clubbing them?

Alfesaani.   22 September 2023 at 12:21

Mandamus for public road construction.

Hello.

The public road connecting our plot of land is in such a bad situation, due to heavy trucks plying over it, that it's risky and very difficult to drive one's car over it during the rainy season. After contacting the local authorities to ask for proper construction of the road, they replied that the money they have for works is not sanctioned for road construction at the moment. What legal remedy do we have for that? Can we file a Mandamus petition before the High Court to get the road constructed? Thanks in advance.

Sagar Dada   20 September 2023 at 15:53

Freedom fighter dependent grand son of freedom fighter

I am a freedom fighter grand son no any facilities provide till now from ministry of Home affairs rule I applied for petrol pump in cc2 FF category then. Ministry rule said to me you are not eligible for this because only freedom fighter will present on applying time I said to a officer sir there is no any freedom fighter present in this times all in whole Uttar Pradesh then dependent is present on this time then no any rules for dependent for the petrol pump advertisement from home affairs no any rule came sir this is very bad rule why is not removed this category FF in ministry of petroleum

Anonymous   02 September 2023 at 14:15

Executive order over riding rules of article 309

Sir,

Pension to govt servants is protected in Article 309.But without promulgation under Article 309, 

1. Executive order for New pension scheme was notified on 22.12.2003, followed by a PFRDA ordinance which was notified and lapsed April 2003.

2. Again, a fresh PFRDA ordinance was notified immediately. 

3. After many ordinances lapsed, finally it became Act after passed by parliament in 2014 giving retrospective effect on the executive order notification dated 23.12.2003.

4. Till that time, an executive order notification was over riding pension rules of Article 309.

I have come across many supreme court judgements ruling executive order cannot over ride or change or alter the rules under Article 309 and some not favouring retrospective effect too.

In view of the above, the implementation of NPS can legally valid only  after it became law. Can we approach court on the above contention?

Thanks in advance

Anonymous   02 September 2023 at 12:36

Executive order over riding rules of article 309

Sir,

Pension to govt servants is protected in Article 309.But without promulgation under Article 309, 

1. Executive order for New pension scheme was notified on 22.12.2003, followed by a PFRDA ordinance which was notified and lapsed April 2003.

2. Again, a fresh PFRDA ordinance was notified immediately. 

3. After many ordinances lapsed, finally it became Act after passed by parliament in 2014 giving retrospective effect on the executive order notification dated 23.12.2003.

4. Till that time, an executive order notification was over riding pension rules of Article 309.

I have come across many supreme court judgements ruling executive order cannot over ride or change or alter the rules under Article 309 and some not favouring retrospective effect too.

In view of the above, the implementation of NPS can legally valid only  after it became law. Can we approach court on the above contention?

Thanks in advance

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