Adv M.D.Azhar
12 February 2015 at 21:51
sir, I need to ask that, During the procedure of no confidence motion, member of local authorities makes vote against the whip of the party, are liable for the disqualification.
Manoj Bansal
12 February 2015 at 21:10
Our marriage was placed in some hotel as per hindu customs + gifts . soon after marriage My wife has submitted in her complaint to commissioner office and police station(not converted to FIR) that she has given dowry in the marriage and filed multiple complaints against me like 498a, dv etc. Although we have never demanded any. CAN i file anti dowry case on my wife and her family members. CAN these may file under section 156(3). If yes then HOW, WHERE and WHAT is the punishment she will get and under what section. It must be NOTED that the complaint given in the commissioner office was referred to the women cell and the compromise for divorce has already been made in the women cell regarding this. I and wife has written that we will not pursue or file any fresh case against each other before any authority. I had already Paid 4lakh Rs. as the first installment of for compromise of divorce. Although the compromise was under pressure and 2nd statement for MCD is yet pending.
mala
12 February 2015 at 20:55
In corruption cases
Q1 . Who is called the maker of the recorded conversation ?
If the DVR is given to A and thereafter A called B in this case who is the maker
Q2. Who are those competent witnesses who can identify the voice while A converses with B on telephone
Q3. If A converses with B in a vernacular language and witnesses who were present donot understand this language
Q4. IF THE PERSON DENOTED AS 'A' IS NOT PRESENT IN THE COURT EITHER AS A WITNESS OR AS AN ACCUSED What is this evidence to be considered if A is not present
varun
12 February 2015 at 20:23
1. I appeared in entrance examination conducted by BSNL for the post of JTO in the year 2002. For which final year students were also eligible provided they were in possession of their final degree marksheets on or before 31/07/2002. But my marksheets were delayed. I was in possession of my marksheets at the time of declaration of results by BSNL which was declared on 16/09/2002. I was denied appointment by BSNL on this ground.
2. I approached in Hon’ble High Court, New Delhi in Dec-2002. Got judgment in my favour in Jan-2004 (CW 5181/2003 dt. 13/01/2004) (1)
3. BSNL appeal Hon’ble High Court bench, New Delhi. Bench upheld the judgment passed by single learned judge in Feb-2004 (WA 245/2004 dt. 27/02/2004 ) (2)
4. BSNL appealed in Hon’ble Supreme Court. Hon’ble Supreme Court admitted the case without granting any stay on the Hon’ble High Court Bench, New Delhi order. But still BSNL did not appoint the applicants. (Civil Appeal 4835/2005 dt. 30/01/2008) (3)
5. In 2008, Hon’ble Supreme Court pronounced judgment in my favour. Thereafter joining formalities were implemented by BSNL. But rather implementing Court order from retrospective effect, BSNL implemented it prospectively thereby treating me as fresher.
6. Now to come at par with my batch mates I again approached Principal Bench CAT, New Delhi for following:
a) My Seniority and salary at par with my batch mates.
b) eligibility to appear in departmental competitive exam for which 3 yrs length of service is prerequisite (Since all my batch mates joined in year 2002 batch. Hence they were eligible)
c) eligibility to appear in Management Trainee examination for which 4 yrs work-experience is pre-requisite (Since all my batch mates joined in year 2002 batch. Hence they were eligible)
d) functional upgradation which are provided after 4 years of service. Presently my batchmates are in grade E3 and I am still in E2.
7. In 2009, I Filed Court case in Hon’ble Principal Bench CAT, New Delhi regarding length of service, seniority and other benefits at par with my 2002 batch-mates (OA 2854/2009 dt. 03/06/2010)(4)
8. In 2010 Hon’ble Principal Bench CAT, New Delhi pronounced judgement partially in my favour. I was granted seniority and pay-fixation at par with my batch mates (point 5.(a)). But denied length of service which was required to appear in various promotion competitive exams for which my batchmates of 2002 batch were eligible. Judgement was silent on point 5.(b) and denied my entitlement for point 5.(c).
9. To implement the Hon’ble Principal Bench CAT, New Delhi orders issued in point 7, I had to file contempt after 6 month of judgment (5) (CP 956/2010 dt. 18/01/2011)
10. To challenge the length of service, I challenged the Hon’ble Principal Bench CAT, New Delhi orders to limited extent in Hon’ble High Court Bench, New Delhi. Hon’ble High Court Bench, New Delhi passed order to approach Hon’ble Principal Bench CAT, New Delhi again as there was no clarity on the issue. (6) (WP(C)-8704/2010 dt. 15/09/2011)
11. I approached Hon’ble Principal Bench CAT, New Delhi again in 2011 and got judgment in our favour in 2013. (7) (OA 116/2012 dt. 08/01/2013)
12. Again to implement those order, I had to file contempt in 2014 Hon’ble in Principal Bench CAT, New Delhi. (8) (CP 487/2013 dt. 17/01/2014)
13. Additionally, I filed caveat in Hon’ble High Court, New Delhi to avoid one sided stay to BSNL on Hon’ble Principal Bench CAT, New Delhi orders. (9)
14. BSNL challenged the Hon’ble Principal Bench CAT, New Delhi order in Hon’ble High Court, New Delhi and their case was rejected at the time of admission itself. (WPC 7175/2013 dt. 20/11/2013) (10)
15. I filed caveat in Hon’ble Supreme Court, New Delhi to avoid one sided stay to BSNL again. (11)
16. The Hon’ble Supreme Court, New Delhi admitted the case without granting any stay on Hon’ble Principal Bench CAT, New Delhi orders. Hence BSNL implemented Hon’ble Principal Bench CAT, New Delhi orders but not in totality. (civil appeal 3805/2014)(12)
17. In contempt petition Hon’ble Principal Bench CAT, New Delhi directed that applicants will submit their representations and BSNL to consider our notional joining date as joining date for all practical purposes with liberty to revive the contempt.
18. As BSNL was not granted stay order by Hon’ble Supreme Court, BSNL implemented Hon’ble Principal Bench CAT, New Delhi judgment but denied us functional upgradation at with 2002-2003 batch which is due in every four years on the plea that our length of service is less by 6 years.
19. I have again filed an MA in Hon’ble Principal Bench CAT, New Delhi for reviving the contempt. (13)
Now, My question pertains to whether I am entitled for harassment case against my employer and under which rule. Since I have to approach Court of law for each right. So many cases have put a lot of mental and financial pressure on me. I have to approach Court of law 13 times to claim my rights out of which 2 are still ongoing). Pl suggest and help what action should I take.
All judgments from 2008 are available on respective court websites
crusader
12 February 2015 at 19:13
Dear learned Seniors,
Application for AB has been filed in the
the High Court after rejection in the session court. And, date for hearing is not known at the moment. During this time period, can the police take the accused in the custody?
After the SC judgement of Arnesh Kr. Vs State of Bihar, police is still not following CrPC 41 and yesterday they came to my house looking out for me alongwith one of the girl's relative.
Kindly, let me know the precautions to be taken from getting arrested before the commencement of the hearing in High Court.
Best Regards,
#false 498A Victim
bhavesh
12 February 2015 at 19:09
is stamp franking valid for making dastavej ?
sunil attarde
12 February 2015 at 18:37
my father purchase 7000 sq feet plot with 4 no other partners. on purchase deal clearly mention plot of area abcd 1A of 2500 sq feet is buy to my father and remaining cdef 1B of 5000 sq feet other 4 no members.
now all partners decide to construct our own property in their respective areas and remaining all vacant plot they keep as common use for all 5 no members.
now all other 4 no members sell plot to builder for redevelopment but i don't want to redevelope my area. as per city survey plan they devide property in two part 1) my fathers plot area and 2) all other 04 no member area.
my father leave free area from all 4 side of my building.now this builder said my area as common land area and plot also common plot so he is going to construct new building very close to my building i.e. only 3 feet away from my building wall. also told me he provide me 10 feet open to sky approch road but not shown on his new plan which he recently passed.
please suggest me how i save my vacant area which mension on city survey as common use area and mentioned all parterns name on my vacant area.
Satyamev
12 February 2015 at 18:24
My wife of 15 days filed a Dowry cause u/s 498A,504,506,3/4 DP for which the impunged chargesheet was filed against the husband and his parents.She was actually a fraud who came with wrong intentions that we failed to understand.
I filed two petitions under 482 for stay and quashing for which I approached High Court and took Stay on Chargesheet for parents on very strong merit grounds but in my 482 petition the opposite party has asked time for filing a Counter Affidavit opposing my Stay and the next hearing is listed on 23rd Feb but the lower court had issued BW in the first appearing date on 3rd Feb and the next date is fixed on 26th feb in the lower court and if I don't attend it , the court will issue NBW. Moreover there is no guarantee that high court will give stay on 23rd Feb as the bench on that day as the bench is pro woman.
They are unlikely to file Counter on 23rd Feb as my grounds for Stay are extremely strong which actually cannot be countered, but playing delay tactics they will ask for more time and the petition may not be disposed off on 23rd Feb itself and next date would be given for listing but no relief would be given as the Bench is also not in favor of husbands.
I wont get regular bail in lower court because of my wife's family political influence in her city.
If I don't get Stay on 23rd Feb I have to attend date in lower court on 26th Feb and I will be arrested else NBW will be issued anyhow if I don't attend the court on 26th Feb.
Please advise a way out, no way I want to get arrested.
Is it possible to move a seperate bail application in high court for directing the lower court to grant bail even when the 482 application is pending in the high court. My high court lawyer says the court will not give you both the releifs, which i am unable to understand.
SURENDER REDDY
12 February 2015 at 17:46
Dear Sir/Madam,
I have a home loan in a private bank. since last 4 years they were bounces and I have cleared them. In the year 2013 i had bounces in August, november & December. And even in 2014 they were bounces and i have cleared some.
In 2015 the outstanding was around Rs.1,07,000/-. They asked me to pay Rs.50000/-. I told them clearly that i can pay 25,000 in jan & 25,000 in feb. But due to there force i have given them a cheque for Rs.25,000 & paid Rs.25,000 cash on 31st jan.
Even that cheque was bounced. I have asked them to give me time till 14 Feb so that I will pay 25,000 cash. But they are not listening to me. They are saying that they are issuing a demand notice and will issue an advertisement in the newspaper.
Myself a lady customer to the bank. I have been answering their calls, giving up to date communication. Asking them to give some time for the payment of the due amount. I have some financial problems that is the reason i couldn't pay them. But they are not listening to me. There is an officer from head office who is very rude & calling me continuosly and harrasing me. Not even listening to my problem.
So sir please help me in this issue. Is there any way to stop the process & take some time for the payment? I dont understand a thing why they are so rude and not even listening to me? Im paying them slowly the due amount. Im asking for some more time. But they dont.
Please let me know what i need to do. They said they had issued a demand notice today morning & will be issuing an add in 2 or 3 days in the newspaper.
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Where my wife can file maintanance petition??
hello sir/madam,
We filed divorce case in Bangalore that where me and my wife last resided together. Now my wife will stay with her parents in Andhra. We are expecting she can claim maintance petition very soon??? my question is from where she can file maintanance?? Is the law allows her to claim maintatnce petition from andhra ?? If it so is it my appearance is mandatory before court?? or she can file only from Bangalore.. Plz let me know