Kumar Gaurav
04 October 2018 at 10:49
Our late mother bought some plots in Dist. Fatehpur, U.P. about 22 years back, but till date we the surviving legal heirs could not get the possession over the said plots, actually, we dont know even the exact location of the plots in the concerned piece of land. Can we compel the district authorities to locate our plot in the concerned piece of land and let us have the possession over the said plots. Because, we paid stamp duty and registration fee etc to the state govt. and as such they must be responsible to let us have our due and legal rights.
CPS
04 October 2018 at 09:00
Please interpret the following rules on seniority of absorbees considering that their is no direct recruitment or promotion happened (only absorption took place in a particular rank).
Seniority of Absorbees (DoPT Seniority Instructions and guidelines, 2010)
“3.1 The relative seniority of persons appointed by absorption to a Central service from the Subordinate Offices of the Central Government or other departments of the Central or a State Government shall be determined in accordance with the order of their selection for such absorption.”
“3.2. Where such absorptions are effected against specific quotas prescribed in the Recruitment Rules, the relative seniority of such absorbees vis-à-vis direct recruits or promotees, subject of the provision of para 3.4 below, shall be determined by rotation of vacancies amongst the available direct recruits, promotees and absorbees which shall be based on the quotas reserved for direct recruitment, promotion and absorption respectively in the Recruitment Rules. Where the vacancies in any quota or quotas are carried forward, the principles stated in Para 2.4.1 will apply, mutatis mutandis in determining inter-se seniority of the appointees”.
“3.3 The principle laid down in para 3.1 above will not present any difficulty where recruitment by absorption is made singly and at intervals but it will be found wanting in cases where two or more persons are selected from different sources on the same occasion and the selection is spread over a number of days. It will, therefore, be necessary for the authorities responsible for approving appointments by absorption to indicate the interse order of merit of the selected persons in such cases.”
3.4 - Seniority of persons absorbed after being on deputation
O.M. No. 20020/7/80-Estt.(D) Dated 29.5.1986 O.M. No. 20011/1/2000-Estt.(D) Dated 27th March, 2001]
3.4.1 In the case of a person who is initially taken on deputation and absorbed later (i.e. where the relevant recruitment rules provide for “Deputation/Absorption), his seniority in the grade in which he/she is absorbed will normally be counted from the date of absorption. If he/she has, however, been holding already (on the date of absorption) the same or equivalent grade on regular basis in his/her parent department, such regular service in the grade shall also be taken into account in fixing his seniority, subject to the condition that he/she will be given seniority from –
- the date he/she has been holding the post on deputation,
(or)
- the date from which he/she has been appointed on a regular basis to the same or equivalent grade in his parent department.,
Whichever is earlier.
==============================
My questions are:
1). whether length of service will be considered for person B even if person B absorbed after one year of the first absobed person A.
2). whether section 3.2 is applicable for seniority among Absorbees only (absorbed on different occasions)
3). Who is senior? Person-A holds rank-X in parent department and got absorbed in rank-Y (one rank up) in borrowing department in the year 2017. Person-B holds rank-Y (since 2000) in parent department and got absorbed in rank-Y (same rank) in borrowing department in the year 2018.
Anonymous
04 October 2018 at 06:40
Dear sir/Madam, I am a members of managing committee of a cooperative group housing society in Delhi. A senior member of our society died 15 days back. He is survived by wife who is bed ridden and illiterate. They had no children. After the man's death, the relatives of both man and woman's side started squabbling with each other over right to property. The dead member was the sole owner of the flat. After much mud slinging, the relatives of woman's side allegedly sneaked off with all the papers of property, jewellery and aadhar cards of both dead owner and wife. The remaining relatives now present are the dead owner's nephew and family. They are now demanding duplicate copies of property papers from the society. They have ruled out any negotiation or mediation with other relatives to get the papers back. Upon my insistence,they reluctantly lodged an FIR of missing papers, submitted a copy in office but still haven't published any advt regarding the same. Also, they wont be getting it transferred in the name of surviving wife either{what i could gather from my conversation with them}. After submitting copy of FIR they've suddenly become extremely impatient for papers. Calling and visiting every 15 minutes. Kindly advise what should be the role of society mgt in this such that we may not unwittingly become accomplice in some property fraud.
Ranbir
04 October 2018 at 00:06
dear sir,
I am owner of one vehicle which was refinanced by me from bank
that after some time my vehicle was repossessed by the bank as I could not pay the emi now I have also heard that they have sold the said vehicle after these the bank is further threatening me to pay an amount of rs 400000 as after selling the vehicle this is the due to be paid from my end otherwise I will be put jail sir can bank file criminal case against me after repossessing the vehicle 5 years back when the valuation of vehicle was only 3 lakh
K N Peethambaran
03 October 2018 at 23:25
our society collects the advance maintenance for 3 months for e.g. Oct to Dec is to be paid by Oct 10 else you would have to pay interest @18% Per Annum on the dues.
my questions are
1. Can you charge interest on advance maintenance period.
2. If you can then can you charge interest on advance maintenance of total months instead of only monthly due?
3. If one were to take penalty then should it not be on prorate of the dues and the delay or at least of the monthly maintenance due i.e. if you were to pay by end of Oct then 1.5% of Oct quota of maintenance which would be = 1.5% of X/3 AND NOT 1.5 % OF X which is maintenance from Oct to Dec?
Rajib Basu
03 October 2018 at 20:55
Now that the section 497 of IPC has been struck-down (Judgement by Supreme Court of India - Dated 27-Sep-2018’s ) - after a wife files and applies for divorce and its pending in the court, can she enter into a new live-in relation a Man.
DAYASAGAR MEHER
03 October 2018 at 19:34
That I am in adverse possession for about 1 decimal for more than 50 years with distinct boundary to support for my possession.
but my neighbor who holds the title of that 1 decimal land is creating repeated disturbance for that land.
When I am tried to construct a small house within that boundary he filed a criminal case against me in 2012, which was dismissed in the court in 2014. He is obstructing to do anything on that land.
My neighbor also filed a 145 crpc case against me in 2013 before sub-divisional magistrate. During the hearing of 145 crpc, the sub-collector asked a report regarding possession over that land from Revenue Inspector.
The revenue inspector submitted the report stating that I am in possession for over 30 years, and on that basis of that report the sub-collector ordered that status quo of our possession over the said land is to be maintained i.e. sub-collector ordered in our favor.
But even after the order by the sub-collector, our neighbor is still creating obstructing whenever I am trying to do anything in that land.
I have filed many complaints before the Inspector-In-Charge (IIC) of our locality, but to no result because police always support my neighbor.
In 2013 our neighbor tried to break the boundary and tried to forcibly take possession over the said land. I filed a complaint before the IIC but he took no action. So I filed a case before the judicial magistrate. But the magistrate also acquitted him saying that the opposite parties are having record in their name and hence breaking the boundary is not a crime in that case.
Because the opposite party is a powerful person in the said locality that's why no action being taken either by police or by the magistrate, which encouraged him to repeatedly create disturbance.
My doubts are :
1. Because I am in adverse possession over the said land (I have RI report with me to proove that), so shall filing a criminal case (when I try to construct on that land) against me ......... be considered a false case against me, which is punishable.
2. Shall the obstruction in the possession and disturbance when I try to construct anything on that land........ be considered as a crime.
3. Was 145 crpc which was imposed against me be considered a false case (because I am in possession of the land for more than 50 years).
4. Even after the order of sub-divisional magistrate (145 crpc) that "status quo of our possession over the said land is to be maintained", our neighbor still created disturbance. Shall it be considered as violation of court order.
5. Where to file complaint regarding the whole matter. I already filed a case before the judicial magistrate which was dismissed. Now I have all the evidance that I am in adverse possession, our neighbor had broken the boundary, also have order of 145 crpc. Judicial magistrate and police both have disappointed me.
6. Shall I file or write a complaint to the Chief Justice of High court or Supreme court, shall it be a right step.
7. I want some previous judgements on the similar case where person may have been punished for obstructing and creating disturbance in adverse possession
Shray Narula
03 October 2018 at 19:05
How can i claim homeloan tax rebate where my wife is main applicant and I'm co applicant,we both will pay the monthly EMI but my wife is the sole owner of property. ?
Anonymous
03 October 2018 at 18:31
husband and wife have account in same bank Both cheque books husband as well as wife neither carries account number nor name on leaf Mistakenly husband puts his own signature on leaf belonging to wife account which is misused by someone to blackmail husband . Is it forgery to put ones own signature ones wife cheque
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Emi payment to financer in case of non handover of flat
Hi
I booked a flat in 2015, buider didnt handover flat yet.
Q - What stand can I take in case of EMI payment to bank in this case. If builder does not handover flat for say more 2 years, than does it mean that I have to pay unwanted EMI when its not my fault
Awaiting early reply
Thanks