Kvijay12345
28 November 2014 at 07:03
A Non Banking Finance Company (NBFC) has forcibly and illegally towed away a car without prior intimation to the borrower or the local police station just with the help of an arbitration award passed unilaterally against the borrower in his absence.The NBFC did not get any permission from any court to execute this arbitration award . The NBFC did not inform the borrower about this arbitration award either. Can this arbitration award be challenged?I have heard that NBFC has to approach the court to execute this arbitration award Where the court calls the borrower to put his say.What are the legal remedies available with the borrower to challenge this arbitration award and fight the matter? what is the time limit available to challenge this arbitration award?
premchand
28 November 2014 at 06:36
Sir how to do LLB. And when will be the exams will be held...? Plz notify me...
Bhimreddy
28 November 2014 at 06:35
I want to apply for AB at Hyderabad under 498A etc., What are the expenses involved in this. My son at USA booked under ASSAULT ON FAMILY MEMBER under false complaint by my daughter-in-law who have been married 3 months back in INDIA. Arranged marriage only.Please guide in the matter. Thanks for the guidance in advance.
Dhirendra Singh
28 November 2014 at 02:20
i am working in Airports Authority of India(AAI),a public sector undertakings.AAI has its own Recruitment & Promotion rules i.e. R&P rule 2005 in which it is mention that ratio of DP & DR will be 3:1 and seniority rules are true copy of DoPT order 1986.
it is noted that last direct recruitment was done in 1998 after that they have not recruited any single DR managers however released departmental promotion regularly by ignoring direct recruitment.
till oct 2007 it was around 1065 total sanctioned post but none was the Direct recruits.
finally ,AAI has advertised recruitment for E-3 level (Group A) manager post in october 2007 for vacancy of 2005 & 2006.however no details of DR quota vacancy from 1998 to 2004.
Now AAI has taken about 32 months to complete this recruitment process & in between given 475 departmental promotion with intention to keep DR juniors to DP.
AAI have declared the final result in feb 2010 for 171 post& published in AAI website .next day AAI withdraw the result from website & have done a blunder to reduce DR by curtailing the seats by 50% of advertisement without any justified reasons.however after the litigation & intervention of the court it was resumed.
after our joining i.e. may 2010 AAI stopped publishing seniority list of Manager(Elex) however releasing promotion regularly & even from retrospective dates to give maximum advantages to DP's under stagnation relief etc without publishing seniority list.
we have represented many times for releasing integrated seniority list of DR & DP and to stop promotions without releasing seniority list.but no response from AAI till date.
AAI is assuming that as per R&P rules which are true replica of DoPT order 1986 actual joining date i.e. may 2010 will be taken for seniority consideration therefore all DP's promoted before may 2010 will be seniors to us.so they are giving promtotion as per rule & no need to issue seniority also.
However AAI is misinterpreting their own rules & DoPT rule 1986 also. as per this rule "the relative seniority will be determined as per roster/rotation of vacancy for that year ,if to the extent direct recruits are not become available in any particular year,the promotees will be bunched together in the bottom of the seniority list below the last person from direct recruitment".
here if AAI is assuming actual joining of DR for consideration for seniority & taking advantage to delay the recruitment so that DR will not become available n particular year till all DP's promoted. like in our case AAI has taken 32 months & promoted 475 DP's in between.
Apex court in his milestone judgement dated 27.11.2012 in N R Parmar case truly interpreted the DoPT 1986 order & said that " the Availability of DR is the date of initiation of the process of the recruitment that is the date of sending requisition to recruiting agency for recruitment" .
after this judgement DoPT has also issued an order dated 4th march 2014 for true interpretation of the 1986 order & said that effective date will be 27.11.2014 (Judgement date) and settled case with whatever the interpretation of 1986 order taken befor this may not be reopen.
However AAI is adamant to not accepting apex court judgement by saying it as a case specific and not accepting DoPT order by saying that as an public sector undertaking they have their own rules & seniority will be govern by this only by their own interpretation.
we have given many representation but AAI is acting as a dictator & adamant to listen.
some of our friends already filed an writ petition in High court of delhi but it was mishandled by our advocate,case went for regular hearing without any interim relief. only single hearing was done in the court & in this also our advocate was absent & petitioners was outsider so they were also not present thus not a single word from our side in court therefore this case went for regular list of hearing.
now new 367 post have been created & promotions may come any time ...
pls suggest suitable action ...
dhirendra singh
Manager(elex)
Airports Authority of India
Abhijit
27 November 2014 at 23:59
Dear Members
I would like to know about the steps to be followed against the complain made neighbour at local police station.
FACT:- we are constructing our residential RCC G+2 building but the same has already started one year ago and the construction still going on. But one day our neighbour has made a complain against us i.e. 1. Due to illegal construction his properties are damaged 2. due to construction few theft has been incurred at his property.
And for point:-1 The neighbour has never communicated about any particular losses from our construction.
2. The neighbour has never communicated about any particular theft from our construction.
Note that:- we have already demarcated with the construction net all across the building.But we have visit 2-3 time at local police station for met the concerned but we are not able to met them.
Please advice me what steps i have to take to settle down the Complain.
Ritika singh
27 November 2014 at 23:30
my clients a bank have been offered pledge of shares as security by a company wherein a director is barred by SEBI under section 11 B of the SEbi Act for his misdoings in respect of another company. the sebi order specifically mentions his name. can we get the pledge agreement executed from some other director and validate the same?
jitender
27 November 2014 at 23:22
dear members i wish to file 482 petition in high court for quashing of an FIR u/s 288,304A,336 IPC in which a labourer died in accident on construction site and the FIR was lodged by co labourer. Now we have compromised with the victims family and signed a deed and they have no objection to quashing
please guide who all will be the petitioner and who will be respondents in 482 petition
thanks
BANDISH
27 November 2014 at 22:46
Dear Sir/Madam,
i bandish kothari, living in mumbai,
some time for now, we get meeting with society secretary & chariman. my wife has applied for passport & she get verification of police, she required noc from society,
My society is saying that as per society rule if member has unpaid due of society.
he will did not get noc from society, & she is not member of a society.
please help in this matter
bandish kothari 9146716707
Nancy
27 November 2014 at 21:42
my friend,a girl filed a fir in gurgaon police station stating that mobile got stolen u/s section 156 Cr p.c .The fir contained sec 356 and 379.A few weeks later police called tat mobile was put on tracking and she was found guilty of possessing the mobile and hence she got statement recorded that she did by mistake and SHO said they will the FIR.Now 1 year later,same ASI called her and said she needs to go to court in front of magistrate or else she will get legal notice of lodging fraud FIR.
Experts,please suggest as she made a mistake and wants to rectify .
2)what is punishment magistrate can give.
3)will she convicted or is there some fine.
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