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PRATIK DEBROY   30 September 2015 at 12:27

Quashing deaprtmental proceedings

a bank employee was show caused on ommission and commision of fraud running into lakhs of Rupees. A FIR was lodged and subsequently a departmental proceedings was initiated against him. the employee brought a stay from the high court on the ground of same sets of carge in departmenal chargesheet and fir chargesheet. the departmental proceedings could not be completed. the employee has reached superannuation.

Now i seek your advice is it legal to quash the departmental proceedings initiated against the employee and issue a fresh departmental proceedings or to file a petition u/s 482 of Crpc as defacto complainant against the state to expedite the criminal proceedings.

Your advice is highly solicited in this matter, if possivle with relevant citations.

HSJAIN   30 September 2015 at 11:42

Coop hsg.society

Our Managing Committee of the Coop Hsg. Society after completion of the Agenda of the AGM in the last before conclusion of the AGM due to some hot discussion on allegation by few members present announced enmass resignation to which one of the member said " on behalf of AGM we accept the resignation" and no other member passed any remark, either positive or negative, to it . Does it amount to valid acceptance.
If yes Who will prepare minutes of AGM. Is it necessary to submit the minutes of this AGM along with the intimation to be given to registrar regarding enmass resignation by the MC. How the time limit for intimation shall be calculated since draft minutes are to be circulated to the Members calling for their objection.

Can member residing outside the society premises contest the election of the MC as he has given out his flat completely on rent to third person.

Irfan Mulla   30 September 2015 at 11:08

RCR is in HMA what is for Muslim in sunni Muslim act

Im a sunni muslim and married to Muslim girl. Can you help me to know if my spouse is failed in her duties and left my home without reason what should I file in family court and procedure of the same. My wife didn't come since 20 months and now threatening me to lodge false cases against me.

Sanjeev goski   30 September 2015 at 11:01

Extra marrital affair

Dear Sir/Madam,

I am married since Dec 2010. My wife's behavior was very rude with my family.My wife is having unethical relation till now with 2 boys from 2008 out of them 1 is his lover. Now she has unethical relation ship with 4 boys.I came to know all these things before 3 months from her mobile call recording & gmail chatting.
So I left her at her mother's house at the same time. She admitted that she had sex with her lover & 1 other boy after marriage. I have recorded all her statements in my mobile. She told me to not disclose this to her family. Can you give your mobile No.?.
I told to their family that I will accept her on the condition that she will give me a bond writing all these unethical relation & If she commits any thing to her my family will not be responsible for her.

Her family is not accepting to give this on stamp paper. What should I do. Can I use this recording as a proof against her. Its my earnest request to give me correct opinion.

Sanjeev 07709482039

Dr. Shekhar   30 September 2015 at 10:46

When judge has different view on evidence as exh. or mark

I have filed CD as Exhibited evidence along with 65B certificate. Still if the judge is of the view that this evidence should be put as MARK and not as EXH. can he reject the affidavit to be accepted or at the most he can himself consider it as MARK at the argument stage?

NILESH   30 September 2015 at 10:31

Post dated cheque discounting registration process

Dear Sir,

I would like to know that how to become register authority to discount post dated cheque well in advance. Please guide me the registration process in India.

BHARTI KOTHARI   30 September 2015 at 10:14

Ex parte decree

Hello
Experts.
I filled summary suit and same was decreed ex-parte. I have also filled affidavit of service and there was due service. Now the defendant has made application for set aside. the defendant has already insolvent as so many bank has taken out attachment of his various property. even the defendant has given me threatening that I can not execute the decree as he has already out of any thing. now my query is that if he make set aside application can i ask him to disclose his property detail. that is conditional order. can I ask him to deposit some amount. also suggest me some judgement if you have.

Dr Meenakshi Sood   30 September 2015 at 09:53

Inheritance of property without a will

My husband has some property in his name . I have two sons. But there is no will. In such a case if I outlive/survive my husband what will be the distribution of his property? My husband feels it will automatically go to me only. Can my sons ask for their share in case there is no will?

Chanabasappa B Ganji   30 September 2015 at 09:42

Destroying the complete records of cc file on the day of dismissal of the case by the hon'ble judge

Dear Sir,

I am hereby furnishing the details related to the case as demanded by the experts Adv. Aniruddh and Adv. Sainath Devella. I request them to kindly take note and reply.


CASE HISTORY.

Place;Hubballi, Karnataka State

Cheque bounce case.

PC filed in Aug.2006.
CC filed /converted in Aug.2007 at JMFC II Hubballi Court.
Case dismissed for default on 24/09/2008.
Files destroyed (as per RTI in Nov.2014) on 24/09/2008. Sl. No. of disposal 716 as per Register of records in the Central Record Room.

Cr.Rev.Petition filed at HC Bench at Dharwad in 2008 and by Order dt: 03/04/2009 allowed to file Cr. Appeal.

Cr. Petition filed in 2010 and by Order dt; 25/08/2011 HC Ordered” Remanded to file of trial Court with a direction to proceed from where it is stopped”

I am the Petitioner.

The order copies were sent by HC Bench to the lower court on 29/09/2011. Though the same were recd. as learnt later, by the Office of the JMFC on 4/10/2011, I during my consistent follow up was repeatedly told that they had not received the same!.The above facts were collected by me during my personal visit, fed up of the delay , to the HC at Dharwad in June 2014. I then approached a couple of Senior Advocates at Hubballi Court but they refused to accept the case.

I am hence at the cross roads and need your Expert advice as to what is the future effective course of action I should initiate and whether I can file a case on the Office of the JMFC court for destroying file and for the appropriate compensation.

C.B.Ganji


Sujana raj gurung   30 September 2015 at 09:10

Unfulfillment of notice period

Hello...I was working for a magazine wherein before joining I was asked to submit my original documents which I complied. After six months of work...I submitted my resignation and was supposed to fulfill my notice period of a month. However, by the 18th day , there was a personal emergency at home so I had to leave the office and go back home for twenty days. Now that I have come back my boss is not ready to give me my documents back unless I pay him for the days I missed which is a total of 12 days of my notice period. I do not have the money so I have asked him if I can give my service in return. He has refused. I would like to know..if he has any legal grounds in holding my orginal documents and my relieving letter. I also want to know if I can get some legal compensation as I had to leave on family emergency. I have signed no bonds other than my offer letter as a trainee. Please let me know.
Thank you