P. Venu 
21 January 2010 at 13:11
What is meant by "right to property in soil". Is there any judgment of the Supreme Court where the term was defined.
P.Venu
Binod Kumar Mishra
21 January 2010 at 12:56
Dear Experts,
my friend is in government service governed by the central government rules. he has some matrimonial disputes and being known to this that the matter is subjudice, the HOD of the said department initiated an inquiry under rule 14 for penalising major penalty.
my friend objected to this vide rule 12(2) of CCS(CCA) Rules that since the HOD is personally concerned with his case, he can't act as disciplinary authority in his case and prefer an appeal to Appellate Authority of the said department but surprisingly the said request has been disposed by the same disciplinary authority and later on the same disciplinary authority has put my friend under suspension pending criminal case against him (a 498-A case was filed by his estranged wife).
later on the EO followed the same path as suggested by the HOD and concluded inquiry ex-parte without disposing of the representation of the delinquent employee.
the delienquet employee later submitted his defence brief and the EO has found him guilty of the offences, which is still pending before supreme court of india. now the HOD has sent the EO report for comments of the charged employee.
the employee prefer an appeal before CAT, PAtna praying for interim relief that the HOD may be restrained to pass any order based on the report of bias EO.
the CAT, PAtna has entertained the application and notice has been issued to government but refused to give the interim relief on the grounds that how we can directed an HOD to pass any order.
the question is now this that whether my friend can prefer an appeal before High Court because after receiving the defence brief of the charged official the bias HOD can passed immediate order for imposing major penalty on him and will make the earlier application of CAT, infructues.
my learned friend can you guide me with suitable remedy as the charged official has to give his defence brief before 1st of february, 2010.
it is very urgent so please suggest with some case laws.
mahesh kumar yadav
21 January 2010 at 12:09
can any one clearly explain about what are establishments covered under the Provident fund act, adn ESI Act, Factories act, shops and establisment acts and what is the minimum requirements( ie basic salary etc.,) for Provident fund act and ESI act
Thanks&Regards
Mahesh
thank u for your valuable suggestions
Anonymous
21 January 2010 at 12:02
a complaint filed against a partnership firm and one partner who was the signatory of the cheque.during the trial the said partner expired and out of two partners only one is remain. can i join the remaining partner as an accused? under which section? i've already applied to resummoning the firm b'cause the advocate on record has withdrawn his appearance for want of instruction.can i apply for issuance of summons against remaining partner to join him as representative of firm? plz. reply urgently and guide me. plz. also provide me relevant citation if any available.
thanks
Kanhaiya Agarwal
21 January 2010 at 11:55
trademark class of 'customized software'
Anonymous
21 January 2010 at 11:53
Dear Sir/s,
I shall be very much obliged if you can solve my following Queries.
1]After completion of construction of building for How many years Builder/Developer is liable for any defact in construction of building?
2] What are the documents (original/Certified True Copies) require to be taken from the Developer/Builder after completion of the construction of building ?
3]After completion of the construction of building within how many months Builder/developer should give conveyance to the Society ?
Pls. advice me at earliest and for which I Thank you all in advance.
Bharat Gala
Anki Reddy
21 January 2010 at 11:19
Dear Sir,
In April, 2007, ING Vysya Bank has sanctioned Rs. 70 lacks towards the Plot cum House construction on my property at the Servy no 1910, Rajeswari Layout, Kondapur, Hyderabad. Out of the sanctioned amount the ING Vysya Bank has released only Rs 29 lacks toward the PLOT of area 300 sq yards and stared collecting monthly interest on the released amount, they have collected the interest for 18 months. But later I came to know that the entire layout of 300 acres ((in which my PLOT is also exist)) has been submerged with some legal implications in the court ((understood that the legal case is been happening between the original land lards and Venture seller by then)).
However, The Govt Offices is not permitting to do construction in the entire layout in which my PLOT is also exists and hence I also could not do construction on my PLOT eventually I could not avail the rest of the balanced Loan amount of Rs. 41 lacks out of the original sanctioned Rs 70 lacks.
But ING Vysya Bank after collecting the interest for 18 months on the released amount suddenly they have started collecting EMI on the Total Loan Sanctioned amount of Rs 70 lacks via checks submitted by me at the time of Loan sanction (( by then one EMI on Rs 70 lacks was done)). Having known this I have stopped my check payments and requested ING Bank to collect the EMI for only released amount of Rs 29 lacks and also requested to reduce the interest rates from 12.5% to 9% because every banks has reduced the home loan interest to 8% in the present market situation. I might have requested ING Bank to reduce the interest part because I had been paying them at very high rate of interest.
Since then I have been personally attending the ING Vysya Bank at HimyatNagar, Hyderabad several time but their treatment and response is just not tolerable and they way the Bank people are acting on me is of quite indication that they have been Harassing me.
Yes!! as a customer I might have requested them to reduce the interest rate to 9% but the ING Bank people have misunderstood and started sending the Defaulter Notices to me saying that I have to pay the last 8 months EMI dues on Rs 70 lacks of sanctioned amount and the huge penalties of Rs.180000, all these changes were never told to me.
Instead of replying to my requisition letters…….they threaten me that they will sale the property if I do not pay the EMI on the sanctioned amount huge penalties by showing some laws and sections.
In the bottom line even today; I am wiling to pay the EMI on the released amount of Rs 29 lacks without any penalties which are not applicable to me. But some times I feel like a filing a CASE against ING People because for the last 8 months they are harassing me in face to face meetings and also via threatening letters.
An early response on my above request will be great help to me!!!
Thanks in advance.
Anki Reddy
90000 81513
mahesh kumar yadav
21 January 2010 at 11:07
suppose Mr A is working with some private company, he met with an accident incourse of employment, so what is the remedy can Mr A has under law?, and which court has jurisdiction to try this?
mahesh kumar yadav
21 January 2010 at 11:02
according to Labour laws, what is the meaning of private estb and public estb, can anyone clearly explains tha what are estb covered under private estb and public estb
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