Bhumika
14 October 2016 at 18:01
My father has a office on lease and there was not any contract describing time limit
they had one but it shows only change of passession and deposit of amount paid to owner by my father.Now my father is missing since last 8 years and owner sui for passession of office on the ground of non use and change of use without any notice. contract an dcounter foils shows "P. Patel & Compony/P.G.Patel" as renter. in which compony my mother is also a partner. my mother runs an registere consumer association from 1992 .and my sister got the "SANAD" in 2014 and we are using the office regulerly. Expensive furniture and approx 1200-1500 BOOKS about law are in the office Advocate Which we hired was telling us to collection of postoffice evidences. but not said to find that it evidence produced, must be dated in the time period before the 6 months of filing of suit.
My question is now can we produce evidence at the stage of argument?
we produce following evidences
1) Demand of notice of Cosumer association
2) Sanad of My sister
3) postal evidences & oral evidence of postman(but it was not in the time period of six months before the suit)
4) registratio certificate of Consumer Association
Is it enough Evidence Or should we need to produce more?
Please guide this office is the only thing by which we are survivng ..... what should be the next step?
m.s. chouhan
14 October 2016 at 17:34
dear experts
interim order was passed 07.09.2016 but my lawyer applied to court for getting copy of order on 20.09.2016 but till today the copy of order not received from the court as my lawyer was out of station. so as we know the time limit is 30 days only ipc cr. 125 for appeal.
But my lawyer saying that till now there is lapse of only 13 days (i.e 7 sept to 20 sept) and next 17 days counting will start form the date receipts of copy of order from court. the days between apply of copy and receipts of order copy will not count.
is it ok
snehal
14 October 2016 at 16:43
I had joined a bank as officer in november 2014 and went for maternity leave in december 2015 aftr completion of maternity leave on june 15 2016 i resigned on june 21 2016. I had signed a bond for rs 1 lakh for 2 years and also have notice period of 3 months in offer lettr which i accepted unconditionally. On Oct 7 2016 the bank has finally processed my resignation and is asking for bond money plus notice pay plus training expenses. Training expenses should be paid was not mentioned anywhere in bond or offer letter. Also I was given salary of july and august when i had already resigned in june end.even that amount I am required to pay. Is all these demand by bank correct??. Also can i sue bank for taking more than 3 months to process resignation?
For 3 months I was only calling my branch manager and zonal hr for status of resignation not once they have contacted me.Even when I received salary of july and august I called bank and insisted them to stop giving me salary. Also for notice period payment calculation which gross salary should be considered june or august?
Kumar Doab
14 October 2016 at 16:09
Dear Experts,
I am sharing the following judgments:
>>> The employees often face dilemma if criminal charges that are deemed as a case of ‘Moral Turpitude’ are pressed against them, would they be entitled for job and employment?
The employer’s cite their own internal and service rules to deny employment and/or reinstatement, to employee that is booked on criminal charges and moral turpitude.
More so is the case with ‘Uniformed Services’ that demand persons of high character.
The employers claim that if the witnesses have turned hostile ( Or have Compromised) then it is acquittal on technical grounds and this is not a valid reason to accept the candidate for job and/or employee, in employment.
The employers declare that acquittal on ‘technical grounds’ is not ‘honorable acquittal’.
The employer press that nothing less than ‘Honorable Acquittal’ by court of law is acceptable to take the charged employee back in employment.
>>> Once the allegation against the person could not be established by evidence, say if the witnesses turned hostile, it cannot be said that the acquittal was on some technical grounds.
Acquittal in a criminal case, for want of evidence is an acquittal on merit.
There is no provision for ‘Honorable Acquittal’ in criminal trial as per criminal jurisprudence.
Thus acquittal in such case, on technical grounds is ‘honorable acquittal’.
Therefore a duly selected candidate cannot be denied his right of appointment to a post merely on the ground that his acquittal was on technical grounds and thus on ‘Honorable’.
>>> Acquittal in a criminal case for want of evidence is an acquittal on merit.
The state government in the recent case was of the view that person's acquittal in a murder case was on technical grounds and not "honorable acquittal" because all the witnesses had turned hostile.
Therefore the person was not allowed to join the state police even after his acquittal in a murder case.
While the court has held that, the moment a criminal charge fails in a court of law, the person would be deemed to be acquitted of the blame, and that there are no terms like 'honorable acquittal' and 'technical acquittal' of an accused.
Once a person is acquitted by the court in any criminal charges, including murder, one is fully entitled to join uniformed service, the court has observed.
>>> In July 2008, Haryana police had advertised for 5,456 posts for recruitment of general duty constables. The petitioner was selected after qualifying all the stages of the recruitment.
However, during the selection process, he was booked in a murder case in December 2010 along with other persons at Safidon police station in Jind. He faced the trial and was finally acquitted by the session’s court of Jind in December 2011.
The result of the selection board was declared after the judgment of acquittal. However, the state police in February 2012, denied Pawan to join the force on public interest and citing DGP's instructions. Aggrieved by the police orders, the petitioner had approached HC pleading that he couldn't be deprived of his vested right of appointment to the post merely on the ground that he stood trial in a criminal case.
State counsel would state that even though the name of the petitioner was placed in the list of provisionally selected candidates but such selection was subject to verification of character/antecedents. State counsel would refer to the joint written statement filed on behalf of respondents 2 to 4 and would state that the case of the petitioner was examined in the light of instructions issued by the Director General of Police dated 2.7.2007, and dated 13.11.2007, as well as in the light of the judgment of the Hon'ble Supreme Court inDelhi Administration v. Sushil Kumar, Kumar decided on 4.10.1996, and, accordingly, a decision has been taken to decline appointment. Passing of the impugned order is sought to be justified by submitting that the purpose and objective of the issuance of the instructions dated 2.7.2007 and 13.11.2007 by the Director General of Police was to restrict the entry of persons of criminal background involved in heinous crimes and offences of moral turpitude. Appointment to the petitioner has been declined on the basis that he was involved in criminal prosecution wherein offence under Section 302 of the Indian Penal Code had been cited.
Reliance has also been placed by the learned State counsel upon the judgment dated 1.8.2013 rendered by a Co-ordinate Bench of this Court in Pritam Singh v. State of Haryana and others, (Civil Writ Petition No.12693 of 2012) wherein under identical circumstances and by referring to the instructions dated 2.7.2007 and 13.11.2007, the action of the State Government in declining appointment to the petitioner therein i.e. Pritam Singh had been upheld.
However Punjab and Haryana High Court at Chandigarh observed that: Once the allegation which was against the petitioner could not be established by evidence, it cannot be said that the acquittal was on some technical ground. Acquittal in a criminal case for want of evidence is an acquittal on merit. There is no provision for "honourable acquittal" in criminal trial as per criminal jurisprudence. As such, the acquittal of the petitioner has to be viewed as an honourable acquittal and the instructions dated 2.7.2007 and 13.11.2007 ,along with the reply cannot operate so as to deny to him his right of appointment to the post as a duly selected candidate.;
And that: The claim of the petitioner seeking appointment to the post of Constable would also be covered in his favour in the light of a very recent judgment of the Hon'ble Supreme Court of India in Joginder Singh v. Union Territory of Chandigarh and others, 2015(1) SCT 87
Punjab and Haryana High Court at Chandigarh: Mr. Justice TEJINDER SINGH DHINDSA,
Directed Haryana police to issue an appointment letter to Pawan within 30 days, the HC in its April 8 orders also clarified that the acquittal of the petitioner had to be viewed as an honorable acquittal and DGP instructions could not operate.
Punjab-Haryana High Court
Pawan Kumar vs State Of Haryana & Ors on 8 April, 2015
CIVIL WRIT PETITION NO.4568 of 2013
https://indiankanoon.org/doc/13559865/
>>> A very recent judgment of the Hon'ble Supreme Court of India in Joginder Singh v. Union Territory of Chandigarh and others, 2015(1) SCT 87…………………..shall leave NO doubt in the mind………………………
The appellant, Joginder Singh, who had also applied in the year 1997, was also called in 2001 and was among the 40 candidates who had applied were declared as successful candidates. The appellant was medically examined and was called for an interview as he was found fit for selection
to the post of Constable. However, after verification of his antecedents and character from his native village, it was found that he was involved in a case with FIR No. 200 dated 14.04.1998, under the provisions of Sections 148/149/323/325/307 IPC a criminal case was registered at Police Station Sadar Bhiwani. After the trial was conducted by the Additional Sessions Judge, Bhiwani, the appellant was acquitted from the charges levelled against him on 04.10.1999.
The appellant filed Original Application before the CAT, Chandigarh, for issuing a direction to the respondent for issuance of an appointment order in view of his selection to the post in the selection process.
4. The Central Administrative Tribunal, Chandigarh after hearing the parties passed an order dated 12.3.2003, allowing the Original Application of the appellant and directed the respondents to appoint the appellant to the post of Constable within a period of 30 days from the date of receipt of the certified copy of the order.
5. Aggrieved by the order of the CAT, the respondent-Union Territory filed C.W.P. No. 5909 CAT of 2003 before the High Court of Punjab & Haryana at Chandigarh questioning the correctness
of the same. The High Court vide its common order dated 24.03.2008 has set aside the order of the CAT and allowed the writ petition.
6. The High Court has opined that the order of the CAT passed in favour of the appellant, suffers from illegality, which cannot be sustained in law
and accordingly set aside the same. Hence, this appeal has been preferred by the appellant urging various legal grounds.
7. It is the contention of Mr. Mukesh K. Giri, learned counsel on behalf of the appellant that the appellant was honourably acquitted from the
charges in the criminal proceedings initiated against him by the State of Punjab and undisputedly, there is no allegation of concealment of the relevant information to be furnished by the appellant in his application to the respondents.
8. It has been further contended by the learned counsel that a perusal of Rule 12.18 of the Punjab Police Rules, 1934, Vol. II (hereinafter referred to as, "the Rules"), shows that the emphasis is on his freedom or otherwise from conviction, meaning thereby, that the acquittal in criminal case will qualify him for appointment to the post of Constable since he was selected and found fit for the post after due selection process was conducted by the respondents.
10. It has been further contended that there is no material on record to justify the conclusion of the Appointing Authority that the antecedents of
the appellant were not up to the mark. Further,there is also no allegation of grave moral turpitude against the appellant for not appointing him as a Constable even though he was selected to
the post.
11. On the other hand, it has been contended by Mr. Sangram S. Saron, learned counsel on behalf of the respondents, that the appellant was not honourably acquitted of the offences arising out of the case registered in FIR No. 200 of 14.04.1998, as the eye witnesses of the occurrence had declined to support the prosecution version and they were declared hostile by the Sessions Judge, therefore, the proceedings against the accused-appellant resulted in an acquittal, which cannot be construed as acquittal of the appellant
on merit.
12. It has been further contended by the learned counsel on behalf of the respondents that the Senior Superintendent of Police, Chandigarh had observed in the order dated 29.07.2003, that since
the post of the Constable is extremely sensitive in nature, considering the fact that the interaction and dealing a Constable with the general public is more than any other member of
the force, therefore, utmost care and caution is required to be exercised by the respondents in making appointments to the post of Constables.
13. Further, Rules 12.12, 12.14 and 12.18 of the Rules, have laid down the criteria to be followed by the respondents before making appointments to
the post of Constable. The above Rules unequivocally state that clean antecedents and good moral character of a selected candidate is the sine qua non. He/she must fall within the zone
of consideration.
14. On the basis of the aforesaid rival legal contentions urged on behalf of both the parties, the following points would arise for our consideration:
1)Whether the denial of the benefit of
appointment to the appellant by the High
Court is legal and valid in the light of
the fact that the appellant was acquitted
from the criminal case pending against
him.
2)What order?
15. To answer the point no. 1, we must first
consider whether the acquittal of the appellant from the criminal case was an honourable acquittal.
16…………………………………………………. Thus, the learned Judge held that the prosecution had miserably failed to prove the charges leveled against the appellant in the criminal proceedings. Therefore, we are in agreement with the findings and judgment of the learned Additional Sessions Judge and are of the opinion that the acquittal of the accused from the criminal case was an honourable acquittal.
17. Further, an acquittal of the appellant is an "honourable" acquittal in every sense and purpose.
Therefore, the appellant should not be deprived
from being appointed to the post, in the public employment, by declaring him as unsuitable to the post even though he was honourably acquitted in the
criminal case registered against him.
18. Further, undisputedly, there has been no allegation of concealment of the fact that a
criminal case was registered against him by the appellant. Thus, the appellant has honestly disclosed in his verification application submitted to the selection authority that there was a criminal case registered against him and that it ended in an acquittal on account of compromise between the parties involved in the criminal case, he cannot be denied an opportunity to qualify for
any post including the post of a Constable.
22. Thus, we are of the opinion that the alleged past conduct of the appellant in relation to the criminal case will not debar or disqualify him for the post of the Constable for which he was
successfully selected after qualifying the written test, medical test and the interview conducted by the selection authority. Further, as stated by us
earlier, there has been no concealment of any relevant fact from the respondents by the appellant. The respondents were thus not justified in denying the said post to the appellant. The conclusion arrived at by them is not cogent and
lacks proper application of mind.
23. We therefore, hold that the High Court has committed a grave error both on facts and in law and it has failed to follow the legal principles laid down by this Court in the cases referred to supra and uphold the decision of the CAT. For the foregoing reasons both the appeals succeed and are allowed.
24. Since we have upheld the judgment and order of the CAT, the respondents are directed to comply with the same by issuing appointment letter to the appellants within four weeks from the date of receipt of the copy of this order.
JOGINDER SINGH V/S UNION TERRITORY OF CHANDIGARH, decided on Tuesday, November 11, 2014.
[ In the Supreme Court of India, Civil Appeal No. 2325 of 2009 & Civil Appeal No. 10126 of 2014 (Arising Out of SLP (C) No. 30798 of 2008). ]
http://courtnic.nic.in/supremecourt/temp/ac%20232509p.txt
Anonymous
14 October 2016 at 14:49
I had joined a bank as officer in november 2014 and went for maternity leave in december 2015 aftr completion of maternity leave on june 15 2016 i resigned on june 21 2016. I had signed a bond for rs 1 lakh for 2 years and also have notice period of 3 months in offer lettr which i accepted unconditionally. On Oct 7 2016 the bank has finally processed my resignation and is asking for bond money plus notice pay plus training expenses. Training expenses should be paid was not mentioned anywhere in bond or offer letter. Also I was given salary of july and august when i had already resigned.even that amount i am required to pay. Is all these demand by bank correct??.
Also can i sue bank for taking more than 3 months to process resignation??
somaj sagolsem
14 October 2016 at 14:28
my business income is 900000/- (nine lakh) only. i File my income tax return in itr 4 in non account maintain. then cpc sen a notice under section 139(9). I also submitted that it is not need to send balance sheet Is it true or what? If wrong, kindly tel me what to do now.
som
Shr
14 October 2016 at 13:16
moot proposition need help!!!!
geeta was married to varun in 2000 at mysore and had a married life for more than 13 years. a female child was born to them named tanya on 7.12.2006. whenthe child was about 2 yrs old, geeta took a job in toyrs and travelling company. their marriage broke down in 2013 when the wife left her matrimonial home and sent a notice through her lawyer that she was unwilling to live with her husband. on a joint petition,filed by the parties in the family court for dissolution of marriage by mutual consent, a decree for divorce was passed on 17.4.2014.
the separated parents in accordance to the consent decree agreed to their joint appointmnet as joint guardians with periodic custody of the child.they also agreed to keep the child alternatively in every week. as per mutual agreement the wife took the child for a week in 2014.
she soon got married to Mr. Rajesh, a famous and well reputed sportsperson of national and international standing, on 1 july 2015 and went out of abroad with her husband leaving the child under the custody of varun(former husband). on return from abroad , she filed an application in the family court on 12.8.2015 for alteration or modification of the terms of consent decree of divorce seeking exclusive custody of the child. her new lifestyle required a lot of overseas travel and she did not want to leave her daughter behind with varun as there was no female realtive in the house. however, married sister of varun lives nearby and visits often. during pendency of the matter, geeta took the child on tours with second husabnd.
a counter application is filed by varun for exclusive custody of the child on the grounds that he being the natural guardian and having remained unmarried with the sole aim to bring up the child in a congenial atmosphere was better suited to be entrusted with custody. according to him the remarriage of the wife is detrimental to the welfare of the child. moreover,it is the case of varun that he is a stock broker and usually operates from home and ahs acquired enough movable and immovable property.
argue on behalf of geeta.
need to know as to whether there is any specific format to be followed for application for alteration or modification of consent decree??
Ramesh panwar
14 October 2016 at 12:36
Sir. Good afternoon all of u.
My client(husband) is member of schedule cast and he married to a lady of schedule tribe. She filed a divorce petition in sec. 7 family court act.
I want to know is sec. 7 family court is a correct remedy she availed.
SAA_Bombay
14 October 2016 at 11:18
Dear Experts,
Our Hsg Society is in Arbitration with developer for some redevelopment issue from last 1 years almost. We want to bring this arbitration under new laws of arbitration. Please guide us what we need to do for same? Is it possible?
Thanks
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Divorce file by Men
My brother and his wife have been going through a bad phase of relationship for last 2 years because of some personal issues. They got married in 2013. Now hus wife and in laws have been troubling my family asking for assuring her future by writing some property in her name and has threatening us that they will file dowry and other cases against my brother and us. Now 2 days back my father was invited for a function and was harassed by her family. Her sister held his collar and slapped him and my uncle. Now my borther after being pissed with all this happening very often, is filing a divorce appeal. Is it safe for my brother to do so?