jasvinder
06 June 2009 at 18:10
the applicant gave rs 50000.00 to one mr x on 1.5.2005 by cash as the same was well known to applicant.after great persutation x issued cheque on 18.6.07 of rs 50000.00 on name of applicant which was bounced due to insufficient fund on 27.7.2007. the applicant send regd notice to x on 14.08.07 which he refused to take as such applicant filed case on 11.09.07 against x which was on time.
applicant advocate gave a copy of complaint to applicant for cross examination.applicant submitted the chef in form of affidavit on basis of copy given by advocate.
at the time of cross x advocate asked various question the main was -when the applicant send the regd notice to x on the basis of copy of complaint and affidavit the applicant answered the date as 19.08.07. since the date was written wrong on complaint 19.08.07 instead of 14.08.07 and in same was written in affidavit of applicant i.e 19.08.07 the x advocate strongly opposed that the notice send to x as told by applicant in cross and affidavit was on 19.08.07 and same was not present in file.now what to do any case law
yogesh
06 June 2009 at 17:48
Please read the following
"The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which a person is appointed. "Vacancy" means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As consequence the percentage of reservation has to be worked out in relation to the number of post which form the cadre-strength. The concept of 'vacancy has no relevance in operating the percentage of reservation. - R.K. Sabharwal and others, Petitioners v. State of Punjab AIR1995 SC1371"
My query pertains to the selection of applicant on the basis of the following:
Employer advertised 2 posts under the Unreserved category. Selection committee recommended 2 names against the Unreserved post and the Applicant was placed second in the waiting list.Suddenly one seat was vacated ,the Number One candidate was placedin the waiting list was given appointment against the Unreserved post
Then one selected candidate who was appointed against the Unreserved post resigned from the services with in year.Since the waiting list panel was valid for the period of one year.The concerned Employer did not fill the seat ('vacancy') from thepanel but kept vacant
When the concerned applicant made his representation , the concerned employer replied the vacant seat was floated to the Reserved category
Please justify whether the employer had made correct decision in the light of such circumstances?
Regards
yogesh
06 June 2009 at 17:44
Please read the following
"The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which a person is appointed. "Vacancy" means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As consequence the percentage of reservation has to be worked out in relation to the number of post which form the cadre-strength. The concept of 'vacancy has no relevance in operating the percentage of reservation. - R.K. Sabharwal and others, Petitioners v. State of Punjab AIR1995 SC1371"
My query pertains to the selection of applicant on the basis of the following:
Employer advertised 2 posts under the Unreserved category. Selection committee recommended 2 names against the Unreserved post and the Applicant was placed second in the waiting list.Suddenly one seat was vacated ,the Number One candidate was placedin the waiting list was given appointment against the Unreserved post
Then one selected candidate who was appointed against the Unreserved post resigned from the services with in year.Since the waiting list panel was valid for the period of one year.The concerned Employer did not fill the seat ('vacancy') from thepanel but kept vacant
When the concerned applicant made his representation , the concerned employer replied the vacant seat was floated to the Reserved category
Please justify whether the employer had made correct decision in the light of such circumstances?
Manish
06 June 2009 at 16:51
As I am not a farmer thereforemany state laws bared me to purchase the land. In which state it is favouarable for person like me.
Sanjay. Tezad
06 June 2009 at 14:04
whether the offence u/s 133 of peoples reprentative act are cognizable and police can file charge sheet the accussed under the same.
dewakar
06 June 2009 at 13:57
if a person is freed from the charge of 307 and if in the evidence the prosecutor failed to proov the serologist who examined the weapon of offence, in that case wheather the accused be aquitted from 4/25 arms act?
Urvashi Saumya
06 June 2009 at 12:27
In Mumbai, is there any attraction of property tax or any other kind of tax for the installation of pole on roof, which required to be paid by the owner of the property, if any, then under what legislation? Pls guide.
AJIT KAWATKAR
06 June 2009 at 12:20
there are 14 aptmnts. in a bldg.out of which 12purchased from developer on regrd.argmnt.for sale in 1992.the remainning 2 belongs to Landlady who got it in lieu of her open plot given to said developer on DEVELOPMENT AGRMNT.&irrivocable POA in 1990-91{both not regstrd}.also she dosnt have Agrmnt.of sale/sale deed{why nobody knows};but has POSSESSION LETTER. Every time we inquire about pendding regsrn.of apartmnt/s he is relactant &puts forward for"not having any sale deed by Landlady".we have told him that it is not our mistake but it is his+hers negligens for which others are suffering for last 14 yrs. SIR what are the legal option/s available to us under maha.aprtmnt ownership act/MOFA? kindly guide us.we are at Nashik;maharashtra.
Urvashi Saumya
06 June 2009 at 10:29
What is the legal impact of registered and unregistered Association?
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Partition deed in tamil
Dear Sir,
My sister and myself plan to partition a house in chennai.Could you please provide partition deed in tamil.