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ss   12 December 2009 at 21:20

Writ Petition

An official who had served in para-military force in Delhi and permanent resident of Kolkata(West-Bengal) wrongly removed from service. The official now wants to file a Writ in Kolkata High Court. Pl. clarify the following:-

1. Whether any time limit is prescribed for filing Writ in the High Court?

2. Can the official concerned file the Writ in the State of West-Bengal i.e.his permanent residential address?

3. What are the main condition for filing such service matter Writ?

Anoop Deshpande   12 December 2009 at 21:15

Collection agency

Can any body guide me how to float a colelction agency/recovery agency which under takes assignments of recovery of loan from different financial agencies. Is any specific permission, licence is required for that> etc...

Anonymous   12 December 2009 at 20:42

u/s166 IPC

Whether a Drawing Officer can stop SALARY of a Govt.Servant?If it has happened,whether the Public Servant can be prosecuted u/s166 of IPC? Sanction of Prosecution u/s197 of Cr.p.c.is required or not?

ABDUL RUB.E.   12 December 2009 at 20:27

PUBLIC AUTHORITY AS PER RTI ACT

THE COCHIN INTERNATIONAL AIRPORT AUTHORITY IN KERALA STATESAYING THAT THEY ARE NOT COMING UNDER RTI ACT EVEN IF THE KERALA GOVERNEMNT POSSESSING 26% SHARE HOLDING AND THE CHIEF MINISTER OF THE KERALA IS THE CHAIRMAN OF THE SAME. AND THEY ARE CLAMING THAT THEY ARE NOT A PUBLIC SECTOR UNDERTAKING.BEING A COMPANY IT IS FULLY EMPOWERED TO ACT OF ITS OWN IN ALL MATTERS JUST LIKE ANY OTHER CITIZEN. AND WITH OUT THE PERMISSION OF KERALA GOVT. OF KERALA AND AIRPORT AUTHORITY OF INDIA THEY STARTED TO COLLECT USERS FEE FROM 14 OF APRIL 2005 AS PER THE DECISION OF ITS DIRECTOR BOARD.

THEY ARE CLAIMING THAT AS PER THE INDIAN AIRCAFT ACT AND AS PER THE AIRPORT AUTHORITY OF INDIA ACT AN AIR PORT ESPECIALLY IN PRIVATE SECTOR IS FREE TO FIX AND COMETENT TO COLLECT NON- AERONOTICAL CHARGES OF ITS OWN. BUT THE AIRPORT AUTHORITY OF INDIA INFORMED THAT THIS COLLECTION WAS NOT WITH THEIR AUTHORITY.

RECENTLY THE TRANSPORT DEPARTMENT OF KERALA GIVE INFORMATION UNDER RTI THAT THE COCHIN INTERNATIONAL AIRPORT AUTHOPRITY WIL COME UNDER NATIONAL RTI ACT-2005 AND CONSUMER PROTECTION ACT1986. BUT WHEN A PASSENGER WAS HRASSED IN THE COCHIN AIRPORT BY DELIBERATELY COLLETING HIS ORIGINAL VISA TO KUWAIT AND EMBARKED HIM TO KUWAIT. BUT THEI KUWAIT AUTHORITY DEPORTED HIM BECAUSE OF HTA HE CAN NOT PRODUCE THE ORIGINAL VISA. REGADING THIS WHEN HE MADE AN RTI APPLICATION SEEKING THE INFORMATION AND THE COPY OF THE RECORDINGS OF THE SECURITY CAMERA ON THAT PARTICULAR DAY IN CD. THE TRANSPROT PIO INFORMED HIM THAT CIAL IS NOT COME UNDER RTI ACT. AND CAN NOT PROVIDE THE INFORMATION. PLS LET US KNOW THAT HOW CAN WE DEAL WITH THIS DISGUISED AND CONFUSED INFORMATION OF GOVT PIO AND ILLEGAL ACTION OF CIAL.

queryking   12 December 2009 at 19:44

i didnt had time to give notice

suit for specific performance of the agreement, the defendant was trying to sale the property, i rushed to the court without givng notice to the dfendant filed the suit for specific performance of the suit. suit was dismissed , the trail court given the reason that i have nto given notice and i have proved readyness and willingness, i filed the appeal it is posted for arguments. is is necessary to give notice? any citations?

queryking   12 December 2009 at 19:28

Co-parcener dispossessing

can i get injunction against the co-parcener not to dispossess me from the ancestal properties?

any citations?

i heard that the co parcener can not seek injunction agaisnt the other co-parcener.

thanks in advance to everybody

queryking   12 December 2009 at 19:26

Noitce to Municipality

is it necessary to mention the provision of law in the notice to Municiplity, if not mentioned what is the consequences?
any citations?

aryan malhotra   12 December 2009 at 19:23

capital gain

Dear sir,
i have constantly purchased jewllery from 1979 till 2008. I had recently sold my residential flat to buy a new bigger flat and used the proceeds of my flat along with my long term investment in jewellery to pay the total amount. the proceeds of the sale of jewellery were used in paying the amount to the builder in the same year i.e may2009 (sold and purchased) for the purchase of ready to move in flat for my personal use only. will i be taxed for capital gain or get exemption under long term capital gain investments in property for self use of higher consideration.

kindly advice

aryan

aryan malhotra   12 December 2009 at 19:21

capital gain

Dear sir,
i have constantly purchased jewllery from 1979 till 2008. I had recently sold my residential flat to buy a new bigger flat and used the proceeds of my flat along with my long term investment in jewellery to pay the total amount. the proceeds of the sale of jewellery were used in paying the amount to the builder in the same year i.e may2009 (sold and purchased) for the purchase of flat only. will i be taxed for capital gain or get exemption under long term capital gain investments in property for self use of higher consideration.

kindly advice

aryan

sunil pagare   12 December 2009 at 19:21

Evidence act sec.58 & 33

wife filed maintanance application,in that application she filed copy of police compliant & notice send by her to husband, after taking evidence the application was dismissed by court.After that husband filed Divorce Petition on grounds of Cruelty & Desertion wife not appear before court the matter proceed ex-parte.Husband filed certified copy of all document's which were filed by wife in maintanance application & deposition's of both parties & judgement.My query is that abovesaid documents are need to prove? In my opinion those are admitted documents & as per sec. 58 of evidance act admitted fact need not prove & sec.33 of said act relevancy of certain evidence for proving,in subseqeunt proceeding,the truth of facts therein stated.I need your help Plz post your reply.