M Satyanarayana
25 November 2013 at 15:14
Sir,
There is a doubt in my mind while contesting criminal or civil cases where the cause of action is same, parties are same can re judica principle applies to both criminal as well as civil or vice versa.
At present I facing the problem. My opposite litigant filed a forged unregistered relinquishment deed.
In her frustration to grab the property first my sister made an attempt to murder me (1st criminal case). After that she filed forged relinquishment deed in the civil court, (1st Civil case). Lastly she filed criminal complaint under section 420 i.p.c. against me, (2nd Criminal case).
My sister and her family made an attempt to murder me in the court premises registered FIR against them.
In civil case I am supposed to file compromise petition in the court as per the said forged relinquishment deed.
In criminal case I am alleged to have been taken money from my sister and cheated for not filing compromise petition.
What will happen if the Hon'ble Judges will give same judgement or What will happen if Judgement is different from case to case criminal or civil. In all the above cases, the cause of action is same. In case the judgement is different whether judgements are applicable either to criminal or civil and vice versa. I am puzzled. What is standard applied or criteria applied in such cases.
Please do advise, it will be helpful for me.
Thanking you,
MSN
SUSHMA YADAV
25 November 2013 at 11:49
MINISTRY OF CORPORATE AFFAIRS HAS RECENTLY ISSUED A NOTIFICATION WHICH TEND TO AFFECT THE COST ACCOUNTANTS PROFESSION. THIS NOTIFICATION IS IN DRAFT FORM AND MINISTRY IS INVITING SUGGESTION. BUT WITH THE COMING OF DRAFT MANY PROCESSIONAL COST ACCOUNTANTS HAS CLOSED THEIR BUSINESS.IF THIS NOTIFICATION CAME INTO FORCE; 90 % OF THE COST ACCOUNTANTS HAVE TO CLOSE THEIR BUSINESS OR THEY WILL BE THROWN OUT OF THE JOBS. THUS MAJORITY OF THE COST ACCOUNTANTS WILL LOOSE THEIR LIVELIHOOD.
MY QUERY IS AS FOLLOWS
CAN THIS DRAFT NOTIFICATION BE CHALLENGED IN SC BY WAY OF WRIT PETITION OR PIL, BEFORE IT CAME INTO FORCE. AND THIS DRAFT HAS CAME IN FORM OF PRESS RELEASE. BECAUSE IT IS ADVERSELY AFFECTING MANY PROFESSIONALS AND MIDDLE CLASS COST ACCOUNTANTS.IT IS URGENT TO TAKE ACTION IN THIS REGARD. PLEASE SUGGEST THE POSSIBLE LEGAL REMEDIES.
PLEASE SUGGEST THE POSSIBLE OPTIONS AND METHODS OF CHALLENGING THE DRAFT NOTIFICATION.
ok.then till the issuance of notification we have wait for filing writ petition. and yes this is contrary to article 14 itself.
BUT WE WANT TO GO FOR PIL IN SC AS THIS IS MATTER OF PUBLIC CONCERN ALL INCLUDING STUDENTS,MEMBERS AND PROFESSIONALS HOLDING CERTIFICATE OF PRACTICE.
I WANT SUGGESTION ON THIS ISSUE.
AND PLEASE SUGGEST SOME GOOD ADVOCATES IN DELHI ONLY WHOM WE CAN HIRE FOR FILING PIL AND LITIGATION?
AND CAN A CENTRALIZED BODY LIKE ICSI, ICAI, ICWAI ALSO FILE PIL FOR THE WELFARE OF STUDENTS, MEMBERS, AND OTHER PRACTICING PROFESSIONALS IF THEY CONSTITUTE MAJOR PORTION OF INDIA'S PROFESSIONAL POPULATION
Ajay Sharma
25 November 2013 at 08:55
Hi
I am rakesh basically from Jharkand working in banglore as a financial analyst last year I applied for bank PO some how I was not selected, I am trying this time also but in application they are asking that OBC NCL certifiacte must be issued dated from 2013-2014 finacial year. It means again i have to renew my OBC NCL certificate. As my caste appear in central list of OBC jharkand and i am applying for central job , is there is any way to get renew it from banglore itself becaz i have to go again to jharkand.
Thanks
SUSHMA YADAV
24 November 2013 at 18:28
HOW DOCTRINE OF PARENTS PATRIAE OPERATES IN TERMS OF INDIAN CONSTITUTION?????
(IT HAS BEEN MENTIONED WITH REGARD TO SOVEREIGNTY TERM USED IN PREAMBLE OF THE CONSTITUTION)
AND THIS HAS BEEN ELABORATED IN CHARAN LAL SAHU V. UOI, (1990) 1 SCC 613
PLEASE TELL ME HOW THIS PRINCIPLE HAS BEEN APPLIED AND WHAT HAS BEEN DECIDED BY SC IN THE ABOVE MENTIONED CASE?
Ajay Sharma
22 November 2013 at 07:07
Hi Experts
I am vikarm sahu age 26 working in private company, and also looking for job in government sector, but I don't know whether i am eligible for obtaining OBC certificate.
As my caste listed in the central list OBC but even though i have doubt i.e. AS my father was employed/joined in the Indian Airforce as Airmen(lower rank) after 20 year of service he has been promoted to JWO(junior warrant officer) , which comes under group B officers with class-II gazetted status and later retired holding MWO (master warrant officer) position in the same group B.
Now I would like to know whether i am Eligible to obtain OBC NCL certificate or not
Please advise
Khumana Ram Jangid
21 November 2013 at 22:47
Cl.(3) of Art. 320 of the Constitution makes it obligatory that UPSC or the PSC shall be consulted in the matters enumerated therein. Proviso thereto authorises the President/Governor to dispense with such consultation by making Regulations. Cl. (5) of Art. 320 then prescribes laying down of such Regulations before Parliament/Legislature but there is no provision as to effect of non-compliance of cl. (5). What is the legal effect if there is non-compliance of cl.(5)?
Amir Bala
20 November 2013 at 19:50
i am a muslim boy, I love a hindu girl and want to marry her.
she is ready to convert to islam, what is the legal procedure for us to marry?
and what are the legal issues we can face?
Arvind
19 November 2013 at 18:53
Sir, I am working in education institute as a security guard. The institute comes under ‘Autonomous Institute under the DIPP’ Ministry of Commerce & Industry, Govt of India. Now days we are facing a problem that to who is authorize for our salute, (A) Director of the institute (B)Head of Security Department(C)Security Coordinator (not security officer) (D)Center Heard of Campus (E)Asst. Administrative officer (F)Administrative officer (G)Secretary & Head General Administration.
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Query regarding application of m.a.c.p.
Sir/Madam
I would like to know from you peoples, on my query which is given below:
1. I have joined my central government office duty as Technical Assistant on 13.03.1996
2. I have got promotion for the post of Sr. Technical Assistant on 18.12.2002.
3. After completion of my 10 year of service length from 18.12.2002,I may be entitled to the first/second MACP as per central government sixth pay commission. The award MACP was given to 22.11.2013.
4. I have got opportunity to face interview for the post of Jr. Technical Officer through direct recruitment from Union Public Service Commission,New Delhi and got selected on 27.11.2013.
5. Now you are requested to advised me whether MACP which given to me on 22.11.2013 is beneficial to or not. Can, I refuse to accept MACP.
Yours Truly
Narendra Dev
NSI/Kanpur