MUMTAZ
25 October 2014 at 13:53
I am working in Railways since 14 years as a ministerial staff. I have qualified in LAWCET 2014 and accordingly applied for study leave. As per Railway Board Instructions, the competent authority has sanctioned study leave for a period of 24 months w.e.f.10.11.2014 and a memorandum to this effect was issued. Accordingly, i have executed a bond prescribed and submitted. The bond was sent to Accounts department for certification. And as per SOP the Accounts concerrance is not required. Whereas the Accounts department rejected stating that ministerial staff are not eligible for prosecuting LLB Course on his own perception, who is not a competent authority overriding the discretion of the authority granted leave and against to the Railway Board Instructions. I have obtained information from Railway Board under RTI that the effect that no guidliness are issued by the directorates in regard to the particular course of study is eligible for study leave. I have taken admission into college for 3 years LLB relying on the study leave granted to me and informed the Administration. Till now , i did not recieve official communication of the cancellation of study leave. The department in which i am working do not take positive action and simply cancells my study leave, i cannot complete the course doing regular job and regular study and also that i will incur financial loss. In this context, please guide me what action to be taken legally so that the study leave granted to me does not get cancelled and avail the study leave granted w.e.f.10.11.2014. Please suggest me.
N RAMASWAMY
25 October 2014 at 13:13
I UNDERSTAND THAT THE POWER OF ATTORNEY EXECUTED BY A NON RESIDENT INDIAN WHEN HE VISITS INDIA IS NOT ACCEPTEDIN RECENT TIMES.
THE REGISTAR WANTS THE POA TO BE MADE IN THE COUNTRY WHERE THE NRI RESIDES- NOTARISED THERE- ATTESTED BY INDIAN EMBASSY OFICIAL AND THAT ONE ONLY IS ACCPTED FOR TRANSFERRING IMMOVABLE PROPERTY IN TAMILNADU.
iS THE STATEMENT IS TRUE?
M Chaturvedi
25 October 2014 at 11:48
Hello Experts:
Need your Valuable Suggestions & Advices on following:
Domestic Violence Case Withdrawn by Wife.
Divorce Granted by Family Court in 2012.
Wife agreed to Co-operate in whichever way possible in 498A. But Case still going on since Divorce in 2012. No Progress at all.
498A Case is lying in same situation as it was 2 years back. Only Judges & PP have Changed.
No Articles (Streedhan) Pending with us as the Wife & her Father had Already taken it with them without our knowledge.
Everything (Terms & Conditons of Divorce / Consent Terms) is Clearly mentioned in the Order of the Honorable Court of Divorce.
But, the Ex-Wife & her Parents keep on saying to Each PP (3 Public Prosecutors have Changed) that they have not received their Streedhan, whereas it is clearly written in Consent Terms that 'They have nothing to Receive (Streedhan or Money) from us.
We spoke to PP & showed all related documents (Consent Terms, Court Orders), But, the PP says that the Wife & her Family are not agreeing that they already posses their Streedhan.
Recently The Honorable Judge (Majistrate) suggested us to approach HC for Quashing after learning that the Matter is settled & Divorce is Granted..
Is it a Workable idea to approach HC for Quashing 498A ? How long it would approximately take for Quashing in HC ?
Thanks & Regards
Prasad
25 October 2014 at 10:19
Thanks to all experts for their valuable reply . Enclose copies
Request to know furthur steps to counter this
Thanks in advance
Prasad
25 October 2014 at 10:08
Thanks of all experts who have helped me .
I enclose copies ( sorry i have erased address as well as others details for privacy)
As this is in this state , our family is in miserable conditions . Request to know how to counter this .
As this anticipatory bail is granted for 30 days so till then what all steps we have to take .
Member (Account Deleted)
25 October 2014 at 06:01
As per Property Card (Land record) , Land is given on Lease for 50 years from 1914-1915 , On property card it is said lease is registered between Lessee and Lessor (Goverment) in 1928. Some thing very suspicious . There are few other points too. So we are demanding Inquiry of title of land of state under MLRC 20 (2)
Lease Land can not be sold , but I found one old entry in property dated 1932 where Sister in law sold Land to her Brother in law.
Since Govt. Land selling is illegal their are chances they will cancel all transaction after that as per law , They did this with neighboring plot who had 60 years old entry.
Solution
1) File Suit for adverse possession
2) Whether anyone knows any Government resolution to regularize such land in Pune city
3) Any other practical solution
Dr C Suresh
25 October 2014 at 05:33
At the time of final hearing of stay petition against a decree can the same court change the deposit amount, which had after hearing both parties directed a deposit of certain amount while issuing interim stay. The initial order was complied and amount deposited.
Bhani Athreya
24 October 2014 at 22:28
Hello Learned professionals...
Regarding My Father's share of property which he received by way registered partition deed of 1958. My father received his share from my grandfathers share of property. He jointly hold the property with his unmarried brother (my uncle-C who died in 1969.)
They have other 2 brothers also (my uncle-A & my uncle-B). My father, uncle-A & uncle-B are all died since. My father, uncle-A & uncle-B are married have family & children.
As suggested by professional experts here, we almost settling the shares with families of Uncles A & uncle B, in respect of portion of deceased unmarried brother C,
Calculation we did is like this: 1/2 (half) of the joint property for my father. Remaining 1/2 (half) to be divided equally among 3 brothers ( my father, uncle-A & uncle-C)
Now another problem pops up...
In the registered partition deed of 1958, only brothers were given shares and sisters ( total 2 sisters who were alive then) WERE NOT GIVEN ANY SHARE or they are not parties of the deed ( no relinquishment or anything is said in the registered deed)
These sisters have family and children who are alive.Now the family of these sisters are asking shares for the portion of deceased unmarried uncle C. Not only that they are telling since their mothers were not given anything at the partition of 1958, they are threatening that they will dispute and cancel the the registered partition deed on 1958.Or they are telling that the joint property which needs to be partitioned now should be divided equally among all 5 ( ie. Equally among 3 brothers & 2 sisters)
Do we need to give share for sisters' family in the deceased brother C.s portion of property?
Or should we equally divide the whole joint property among all 5 ( ie. Equally among 3 brothers & 2 sisters)
Can the sisters' family dispute and cancel the partition deed of 1958?
We are confused, how to proceed further in this matter?
Please guide us
T. Saranvelu
24 October 2014 at 22:11
Sir,
The wife filled 125 crpc case and now is pending. At time of filing, she was worked and mentioned in the petition, later she resigned the job and transferred and told in the court as not working. But she was worked that time also in IT company. We got evidence by sending lawyers notice to the working address in some other matter. Again now she resigned and informed the court as not working now also, but she is presently working in famous IT company. Kindly clarify that how to prove the working condition of the person in the IT company, because the company got thousands of employee. Shall I ask under RTI that named person is working or not in the company and her salary. Is RTI act is applicable for private IT company or not?
Kindly give ways to prove the working nature.
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Custody of child 15 months old
suresh one of my friend got married with neelam on 21/01/2012. both had this as second marriage. suresh is working in govt sector and neelam a housewife with merely low qualifications i.e.10+2.
after marriage some problems started and one day she left home wsithout informing in laws n husband over a family issue. she was taken back by suresh and her parents were informed. she, neelam, is so ignorant of her duties and starts shouting in street and picks up fight without any reason.
she feels that she is treated as maid. she never cooks for any one and just manages her meal only.
she gave birth to a baby girl around a year ago and since then she had changed a lot and grew more insensitive towards the family.
once she lifted the infant who was just a month as if it were a year old. and there are such instances. she never feeds the baby as per doctors or inlaws she goes her own ways.
around three and a half months ago she had a fight and she was slapped by the husband resultantly she left the inlaws. her father and brother came in and took her with all her ornaments.
husband after some days called her and asked her to come back. she had a condition that she would live separately which was agreed by the husband though she didnt return and was adamant to live at her parents.
now suresh wants to know when can he file a petition for the custody of his daughter who is just 15 months old.his wife is not educated enough to support herself and daughter ofcourse not she is educated enough to bring up the child in a right way...
what are other legal courses for him he wants both his wife and daughter to come home. please suggest.