laxman rohit
14 April 2017 at 10:56
Respected experts
Provisions Rule 8 and rule 11 of order 33 seems to contradictory
Rule 8 give exemptions from paying court fee or fee for process while rule 11 says that if the suit dismissed because the summon for the defendant to appear has not been severed upon consequence of failure of plaintiff to pay the court fee or postal charges for such services.
My question is that if he is indigent person considered by court then why his suit dismissed under rule 11 clause (a) ?
Anand
14 April 2017 at 10:38
My father and mother both are illiterates. They never went to school and have no school records. They and their parents too are illiterates and all hail from the state of Karnataka. I do not know how and for what purpose, my father has obtained a caste certificate (SC AK) in 1973 from District Authorities. From the time I knew about this world, whenever I was questioned about the name of my caste, I had been saying it is SC AK, (Schedule Caste, Adi Karnataka) and throughout my schooling I always obtained a caste certificate as such. In my elder sister’s 1st standard admission record, it is mentioned SC, AK. She studied hard and obtained a state government job as a librarian. I sacrificed a lot of my happiness, worked hard and was successful in passing one state government competitive examination and was selected for a SSLC-level post in state government. I was called by the District Social Welfare Department to produce my 1st standard admission record supporting my claim of SC AK. Hence, I went to my school nearly after 32 years the caste was entered in the record. I was shocked and terrified to see that it was entered as H.A.D. (which meant Hindu Adi Dravida) and below that it was written also “Tigala” and in the column for mother tongue it was written as “Kannada.” According to this, as per my thinking, I belong to three castes at a time. Firstly, H.A.D. means a caste that comes under SC, but the person belongs to Tamil Nadu. Secondly, from my mother tongue, I belong to an Adi Karnataka caste. Thirdly, as per being written as “Tigala”, I belong to another caste of OBC. But in my SSLC TC it is only mentioned “SC” and no AK or AD is mentioned. Now, my claim for government job was rejected and candidature cancelled. This had been a doomsday for me. It was not a passing of IAS examination, so quite consoling for me. I have only my sister’s document to state I belong to SC AK, but no other documents to say I am a H.A.D. or Tigala caste. Hence, I want to know if I can go to court to change my caste to any one of the castes.
Anonymous
14 April 2017 at 10:35
Sir we have been guarantor on loan for 48 lac bank has given subsequent loan of 55 lac and 118 lac while first loan(48) has been not clear bank has sanction 2 further loan with the help of borrower bank got 101 certificate under MCS act for third loan(118lac) with dummy signature of guarantor , we have been file cast in co-opertive court for first(48) and second loan(55) we have fille petition for third loan(118) in high court , but our lawyer has said we don't have any scope in high court since it is a matter of decree , now the bank harassing both the guarantor , please guide what will be best for us.( Note bank dont execute mortgage deed in the loan its only on promersiry note)
Dharmendra
14 April 2017 at 09:40
Sir i am a JE working in Electricity dept in Mp. Sir i was joined as a Je in 2013 and posted as trainee in burhanpur division at salasalai d/c to complete on job training before order of completing training and regularisation to probationary officer my EE send me to bulhana d/c in same division witout any order only orally after that i was posted as a probatationer again by Md office to salsalai d/c in same div . But my EE continue to work me on bulhana d/c with out any written order , and now he suspended me from bulhana d/c and given me a charge sheet for bulhana d/c work. Is this chargesheet is valid and legal. As EE have no power to change my headquater and transfer me
neeraj
14 April 2017 at 09:36
Sir i am a JE working in Electricity dept in Mp. Sir i was joined as a Je in 2013 and posted as trainee in burhanpur division at salasalai d/c to complete on job training before order of completing training and regularisation to probationary officer my EE send me to bulhana d/c in same division witout any order only orally after that i was posted as a probatationer again by Md office to salsalai d/c in same div . But my EE continue to work me on bulhana d/c with out any written order , and now he suspended me from bulhana d/c and given me a charge sheet for bulhana d/c work. Is this chargesheet is valid and legal. As EE have no power to change my headquater and transfer me
Abdul Imthiyaz
14 April 2017 at 08:16
Human Rights International v . Union of India
1) The erstwhile territory of � British India � was divided , and under the provisions of the Indian Independence Act , 1947, passed by the British Parliament , India and Pakistan were established. The said Act , under Section 7 (1 ) (b ), also terminated the treaties or agreements ending British Paramountcy over the Native Indian States namely Kashmir, Mysore , Hyderabad , etc .
2 )In pursuance of the end of British Paramountcy, the Maharaja of Kashmir acceded to India ; Pakistan , however, contested the accession . The resulting hostility between the two nations led predictably to the wars of 1948 , 1965 , and 1971. In a bid to resolve issues peacefully , the Shimla Accord of 1972 was signed .
3) Subsequently , terrorists started attacking India and during the last two decades , about 20 , 000 people were killed and large numbers were injured. The arrest of a number of these terrorists and other information collected by the intelligence agencies indicated that these terrorists were trained in Pakistan . India protested against such trainings and requested Pakistan , through diplomatic channels, to deal with the perpetrators of the crime . However , terrorist activities remained unabated. The most dastardly was the terrorist strike on November X , 2016 in Mumbai which killed more than 200 people and maimed and injured several others.
4) Responding to the huge public out cry and detailed coverage in the media, the Indian Parliament debated the matter extensively . The US response to 9 / 11 incident was considered. It was finally decided to pass the Trial of Cross- Border Terrorists Act , 2016 [Act no X of 2016] .
5) Section 2 declared � cross- border terrorist acts� as � acts of war � and such a terrorist , as an � enemy alien� . Section 3 defined a � cross-border terrorist � as a person coming from Pakistan who commits an act of terrorism killing or injuring persons intentionally . Section 4 provided for the appointment of an �Investigating Officer� . Section 5 enumerated the powers of the investigating officer, which , inter alia included detention of suspected cross- border terrorists in their custody or camp till the end of their trial. Section 6 made confessions as admissible evidence . Section 7 placed the onus of proving his innocence on the accused cross- border terrorist . Section 8 provided for the establishment of a Special Security Tribunal headed by the Judge Advocate General to try the accused cross- border terrorist . Section 9 permitted legal representation for the accused cross border terrorist . Section 10 mandated full opportunity to the accused cross border terrorist to defend his innocence . Section 11 mandated the holding of proceedings in camera and completion of the trial within 3 months from the date of framing of charges or transfer. Section 12 prescribed minimum punishments which included life sentence . Section 13 barred the jurisdiction of the Supreme Court or any other Court against the conviction or sentence passed by the Special Security Tribunal. Section 12 mandated that the orders of the Tribunal be made public. Section 14 required transfer of all pending cases relating to the cross- border terrorists to the Special Security Tribunal . Sec.15 empowered the Central Government to make rules regulating the procedure of trial and incidental matters.
6) The Human Rights International headed by an Indian challenged the constitutional validity of the Act of 2016 under Article 32 of the Constitution before the Supreme Court . The division bench of the Court issued notice and referred the matter to the Constitution Bench to decide the question as to whether the Trial of the Cross Border Terrorists Act , 2016 is constitutionally valid.
WHAT ARE THE LAWS APPLICABLE TO THIS CASE AND HOW SHOULD I START WORKING FOR THIS CASE.
Suranjan Bose
14 April 2017 at 01:31
Dear Sir/Madam,
I would like to write down my problem here so that someone from this forum provides me the right direction/solution for this problem.
While verification of an advocate it has been identified that the Plot Number present in the computerized system against my flat’s Deed is not correct. Perhaps a typo was happened while entering the Plot Number data in the computerized system during the time of registration process. But the Plot Number is correctly present in the registration hard copy (certified copy) as well as in the hard copy of mother deed. That is wrong data is only present in the computerized system, not in the certified hard copy. The discrepancy I have also found from http://banglarbhumi.gov.in/ website.
Below is the example:
Current Plot Number present in the online system, as below:
RS-03844, RS-03844/350
But the same is present in the hard copy (certified copy), as below:
RS-00384, RS-00384/350
Please advise how can I correct the Plot Number in the online system?
Looking forward to see your responses. Thanking you.
Rohan
14 April 2017 at 00:45
How can we restored land in kulkayada?
how can we challenged 32M and 32G?
if land is adivasi then kulkayada land can be restored?
were to make a apeal?
N.J.S.Rajkumar alias narasimha
14 April 2017 at 00:21
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Salary not getting credited on time and resignation
Hi
I am working at a middle level management position at a ltd company joined in the month of August 2016
My salary is not credited on time ( getting delayed by 24 days ) since i have joined this company and i am into a bond with this company
The bond states that
The said employee has to serve the company for a minimum period of 24 months from the date of appointment and shall be at liberty to resign his employment at any time thereafter by giving to the company 2 months notice in writing of its intention to do so. In case , if the trainee resigns prior to the said period of service, trainee has to pay a sum of Rs 100000/- to the company as without any demur
I have resigned this company on 3rd Jan 2017 on health grounds but there was no acknowledgement from them for more than 3 months, so i have sent a separate resignation once again on 7th April citing that i want to move out as i have an opportunity with a new company
They have replied back to my second resignation asking me to pay rs 100000/- and also to serve a notice period of 2 months
I have replied back stating that i have resigned in the month of Jan 2016 and they should reply back to my first resignation mail and asked them to pay my March 2017 salary and i have clearly mentioned that i shall withdraw my services with immediate effect which is on 11th April 2017
As all these months the salary getting delayed created a financial mess and i cannot pay Rs 100000/- and also my PF was never credited on time, TDS not deducted by the employer, Form 16 not shared, Salary Slips not shared
Request your valuable suggestions on the next steps as they are stopping my March and April 2017 salary and are not willing to take company provided SIM card and Employee ID card and also they are not confirming on relieving letter
Regards