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Anonymous   02 September 2023 at 12:36

Executive order over riding rules of article 309


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

Durk Jasen   26 July 2023 at 15:50

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Anonymous   21 July 2023 at 15:34

Bar council enrolment

Sir, Namaste
My name is Naresh from Andhra pradesh I have completed 10+2 regular course.
then 3 years degree in ambedkar open university.
Later I did LLB regular. But Andhra Pradesh Bar Council is not registering them.They say they will not enroll as it is an open degree. Please advise me.

Anonymous   21 July 2023 at 14:45

Bar council enrolment

Sir, Namaste
My name is Naresh from Andhra pradesh I have completed 10+2 regular then 3 years degree in ambedkar open university. Later I did LLB regular. But Andhra Pradesh Bar Council is not registering them. They say they will not enroll as it is an open degree. Please advise me.

Soing Shade   01 July 2023 at 07:11

I urgently need my ex back with the help of dr peter

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Anonymous   14 May 2023 at 20:57

Article 226

In the absence of any substantial question of law, the court posted the case "for orders". The Appellant filed an amended petition under Order 6 Rule 17 of CPC for additional substantial questions of law and filed an additional evidence petition under Order 41 Rule 27 of CPC. Both these applications contain false statements (Section 209 of IPC). The court allowed those applications and admitted the 2nd appeal. The appellant caused extensive damage to property & personal injury that attracts Articles 14,19, 21& 300A.

Question: Rather than asking the same court (where 2nd appeal is pending) to consider the issue under 340(1) CrPC and then refer to the Magistrate for action, a petition under 226 be filed for necessary orders under Section 209 of IPC to expedite the matter.
Many thanks for your help.

Anonymous   10 May 2023 at 02:00

Posting to low grade on promotion

on promotion, can anyone be posted to low grade position than for what he has been promoted? for example promoted to scientist G and posted inlieu to Scientist B appoint however getting paid for scientist G but stature not increased?

Syed Khureshi   06 April 2023 at 04:47

Neighbor filed a case against me

Dear Sir
I live in Hyderabad my neighbor filed as case police station saying he unable to sleep because of the noise. Where as my kids are 10years and 5 years old respectively. Police told me to have amicable solution. But i am unable to understand small kids if they watch TV with family or play till 11pm as sometimes as I come home late. What should I do now. He also recording of we watching a movie in night, is it not invasion of privacy, when last year he has troubled us with AC outlet with heat air facing our park lot as well as our hall. We told him and took 1year for him to change one AC duct , but another AC duct at my window,I thought it's small issue never complained in police station. Please suggest me what to do in this regard. What law says about individuals life with house boundaries. What law says about kids playing with time restrictions. Please suggest as we don't do Dj nights or high volume sound(within our home we keep 10-15 volume sound). We want to live in our home as per our convenience not at the mercy of neighbor (since he has filed a case)

Unnikrishnan Warrier   02 April 2023 at 14:42

Profession tax - state of maharashtra

Whether Profession Tax is applicable in the case of registered housing societies which does not do any business or trade

SNEH SHREE   24 March 2023 at 23:23

Fir is maintainable or not in 138 ni act case.

FIR is maintainable or not in 138 NI Act Cheque Bounce case if fraud is also involve in that case if maintainable can anyone provide ruling about this matter.