satish kumar
27 January 2015 at 13:25
Brief of proceedings of the case OA 1025/PB/2013 in CAT:
1. Legal notice dated 18.11.2012 was sent to secretary, railway board, new delhi and to GM & GM(P), RCF, Kapurthala by the counsel for applicant Sh. Arun Singla against the order of promotion to the post of AEDPM (B group) of three candidates dated 17.07.2010 passed by GM(P) and were earlier appointed in Nov. 1991 to the post of AP & DPS without fulfilling the eligibility criteria (without PGDCA computer degree) and not giving chance for promotion to the genuine candidates who appointed with completely fulfilling the eligibility criteria although the eligibility criteria was remain the same throughout the recruitment years 1988 to dec. 1998 except in experience. Not only the three candidates but others also appointed without computer degree. The post AP & DPS was merged as Sr. Engr./IT after implementation of 6th pay commission. Reply time was given within 1.5months to GM(P).
2. After end of 1.5 months, the counsel for the applicant filed a case in CAT, Chandigarh with OA no. 243/PB/2013 in the 3rd Feb, 2013 before the reply of the legal notice by GM(P) dated 06.02.2013.
3. Order dated 01.03.2013 passed by the Hon’ble Tribunal to give the reply of the legal Notice by the GM(P) to the Hon’ble Tribunal in which the GM(P) rejected the claim of the counsel of the applicant.
4. The reply of the order dated 01.03.2013 was given by the GM(P) on dated 31.05.2013.
5. Against the order dated 31.05.2013 of GM(P), the counsel for applicant filed a case in the CAT, Chandigarh with OA 1025/PB/2013 in june, 2013.
6. The counsel of the applicant demanded from the Hon’ble Tribunal to give reply of the OA 1025/PB/2013 by the counsel for respondents.
7. A written statement was filed by the counsel for respondents as reply to the OA 1025/PB/2013.
8. Replication on dated 14Feb, 2014 was filed by the counsel for applicant as a response to the written statement of the counsel for respondents in the Tribunal.
9. On hearing dated 15.10.2014 and on objection of the counsel for respondents, the Hon’ble members order the counsel for applicant to make party of the concerned persons for further proceeding of case.
10. On hearing dated 20.10.2014, the Hon’ble members ordered not make party of the concerned persons but to file an affidavit on the basis of order dated 20.10.2014 that the following candidates have not possessing the required qualification for appointment to the said post.
11. The reply of the order dated 20.10.2014 was submitted by the applicant and the affidavit will be submitted after arguing on the said order. The Hon’ble members told the counsel for applicant first to file an affidavit.
12. On dated 01.12.2014, the affidavit as well as reply of the order dated 20.10.2014 was submitted by the counsel of the applicant to challenge the appointment, seniority and promotion of the candidates of the respondents.
13. On hearing dated 04.12.2014, Hon’ble members asked client verbally to bring his educational certificates on next hearing date 23.12.2014.
14. On hearing dated 23.12.2014, argue was made in Hon’ble Tribunal by the counsel for applicant. The Hon’ble members did not asked the client to show his educational certificates although the client along with file of his educational certificates was standing with his counsel before the Hon’ble members to show his certificates.
15. Without pronouncement of decision date, the Hon’ble members sent judgment to the counsel for applicant.
16. has CAT power to vrify the certificates of the candidates against whom case is lodged?
jagdish
27 January 2015 at 13:24
for criminal application u/s 125 of C.R.P.C.how to send summons to the opponent who stays at Newsiland and frequtely changes his address. Now how to send this summons viwa indian embassy ?
pls reply me..
thanks.
my email-id is jp24cj@yahoo.com and my phone no- (m)-9825893746.
vishnu
27 January 2015 at 12:55
Hi sir,
while registering property on minor can i put a clause that no one(including natural guardian) should be able to sell the property till the minor becomes major even with court permission.
Pratik Jain
27 January 2015 at 12:04
Hi,
I have purcashed a Sennheiser PMX80 Sports II Wired Headphones , which is delivery to me but it is a fake product, which has been checked from the Sennheiser company and flipkart also accepted the same.
Now I want to file a case against Flipkart and the seller who has been sell the duplicate product to us through Flipkart.
I would like to know the section under which i can file the case on Flipkart and the seller, and upto what amount i can get a compenastion through a consumer court.
Email from flipkart.
We wish to mention that Flipkart Internet Private Limited (Flipkart) is an online marketplace, engaged in the business of providing platform/technology and/or other mechanism/services to facilitate transactions, electronic commerce, mobile commerce, by and between respective buyers and sellers; enables dealing in various multiple categories of goods. As an intermediary, we are not involved in the sale transaction but only provide the online platform. We do not sell any products on our own on the website.
We would further like to clarify that we only provide an online platform where third party sellers; sell their products and visitors/buyers purchase such products from the respective sellers on the aforesaid website. This contract between the seller and buyer is a bipartite contract and Flipkart is not a party to this contract. It is noteworthy that at no time does Flipkart hold any right/title to or interest over the Product nor even have any obligations or liabilities with respect to such a contract.
In the instant case, since the Sennheiser PMX80 Sports II Wired Headphones (for short the “Product”) is sold by a third party seller, Flipkart being a mere intermediary cannot ascertain your claims of any alleged issues with the Product. Please note that as an intermediary we do not have any service centers or the knowledge to ascertain or resolve the alleged issues with the Phone.
Nonetheless, we have escalated the issue to the respective seller and the seller has informed us that they are willing to refund the amount paid for the Product. We request you to confirm your acceptance of the same so that pick up of the Product can be arranged and refund can be processed to you. Once the Product is received, we can take up the matter with the seller as against the claims alleged by you. Further, we understand from your mails that you have received confirmation from the Brand stating that the Product is fake, we request you to share the said communication so that we can access the issue and take appropriate action against the seller. We assure you that we believe in the highest standards of customer satisfaction and the matter shall be dealt with appropriately. We shall keep you updated in this regard. We once again request you to confirm your acceptance for refund and pick up of the Product.
We reiterate that there is no claim against Flipkart in this entire transaction and hence you are requested to not to initiate unnecessary legal action against Flipkart. If you still wish so, same shall be suitably defended. In such event you shall be solely held responsible for cost and consequences thereof.
Kumar Chandan
27 January 2015 at 11:50
Sir,
How to claim my pending payment to a company? I am a business man, I have sent some material to a company. But they are not response me.
Y Singh N Rajput
27 January 2015 at 10:54
I am having NA Land - I want to do green house farming. Can I avail Govt subsidy and other benefits?
abhishekchaudhari
27 January 2015 at 10:25
Hi, I want to sale flat which was purchased from a builder in 1997 in pune.
Following documents are with us
1. Sale deed
2. Registration Receipts
3. copy of Form No.8 given from grampanchayat to the builder.
4. Index No.2
5. Possession Letter from builder
6. Property Tax Paid receipts till current year.
We do not have sanctioned plan and permit letter for the construction from grampanchayat given to the builder.
Gunthewari of the flat is also not done.
Earlier flat area was under dhankawadi grampanchayat, now it is covered in Pune municipal limits.
No home loan was taken.
How can we get it done or above documents are enough?
sanjiv
27 January 2015 at 10:06
Actually, some years back, one of my Unmarried colleague approached me requesting me to be an Co-applicant in Housing Loan saying that bank agent has told that the "loan limit will be enhanced" only if she includes her husband as co-applicant. Just to help her, i submitted my KY papers alongwith her application for loan.
Now in bank record, we r husband-wife and accordingly sale deed of property mentions that i am her husband.
Now my wife knows it all and disputed a lot.
what remedy can i do now???
pleasehelp
27 January 2015 at 03:29
My wife has been involved in an extra-marital affair with one of her ex-colleague for long. She has left her matrimonial house 2 years back. Of-late I came to know my wife has been living-in a rented apartment (rented agreement signed in the name of my wife) with her paramour along with and her mother.
I tried to file complaint against them in my local police station. They simply received my complaint without registering any FIR. Since then they have been sitting tight on my complaint. Subsequently the officer who was looking after my complaint suggested the action (living-in with paramour) on part of my wife should not be treated as tantamount to any criminal offence. He added that police should not initiate any investigation against her paramour either. He then advised to lodge a complaint in the police station where my wife rented the flat. While I tried to lodge a complaint in the police station where my wife rented the flat, they asked me to lodge the complaint in my local police station.
I also approached a lawyer. He suggested only paramour can be indicted not my wife as per Indian law.
In this context I am looking for expert advice on the following questions. Can experts please help me?
1. Can I lodge FIR against my wife and her paramour?
2. Can I initiate a criminal suit against both of them? If I can, would I initiate the criminal case?
3. Would that criminal suit fructify in the absence of police investigation?
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Sending court petition to husband who resides in us
Dear Lawyers,
I got married in 2011 Nov to a divorcee who is Greencard holder and residing in US. After marriage he came back in 2012 and 2013 and promised me to take to US after he gets citizenship. This he is been telling from the day he has got married. Till he got married he promised to return to India after marriage. He had not kept his promise and also he has stopped receiving calls. Later i contacted my lawyer and he had send a restituition notice to US residence and Company address. One send to his company address was received and i got the acknowledgement. Later to that, He send me divorce notice through a local bangalore lawyer. i had accepted it and then filed a case of restituition in Family court. Three court hearings is over and all the court petition send to his residence and company address is not received by him. Then lawyer took permission for a email notification.Even that is served and till date he has not responded to any court notices.Now Court has given permission to send the notice through Embassy.Can someone let me know how this court petition be served through Embassy. My lawyer told he will submit all the information to the court and from court it will be served to Embassy in New Delhi and the same will be send to the consulate in US. I am not sure if this is the rightway or is there any alternative to serve the notice to him in US. Please help me on this. Regards, Nisha