SANJEEV
24 June 2014 at 20:07
IF A PERSON GOT IMPRISONMENT UNER SECTION 323,506,34IPC IS HE ABLE TO DO GOVT JOB ater comletion of imprisonment.
Khumana Ram Jangid
24 June 2014 at 19:50
The Governor of Rajasthan, in exercise of powers under proviso to Article 309 of the Constitution, has promulgated a rule to the effect that no person who has more than two children on or after 01.06.2002, shall be eligible for appointment to any post under the State.
Article 16 cl. (1) of the Constitution mandates that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. None of the various clauses of Art. 16 permits disqualification for appointment on the basis of number of children a citizen has.
Cl. (2) of Art. 13 provides that the State shall not make any law which takes away or abridges any fundamental right and any law made in contravention of this clause shall, to the extent of contravention, be void. Undisputedly, Governor is "State" and rule made under the proviso to Art. 309 is law within the meaning of clause(3) of Art. 309.
Is the rule constitutionally valid?
SANJEEV
24 June 2014 at 19:32
RES EXPERTS
IF A PERSON(GOVT EMPLOYEE) GOT IMPISONMENT UNDER SECTION 323,506,34 IPC ,CAN HE ABLE TO DO HIS GOVT JOB AFTER COMPLETING IMPRISONMENT.
SANJEEV
24 June 2014 at 19:17
RES EXPERTS
IF A PERSON(GOVT EMPLOYEE) GOT IMPISONMENT UNDER SECTION 323,506,34 IPC ,CAN HE ABLE TO DO HIS GOVT JOB AFTER COMPLETING IMPRISONMENT.
UTTAM SINGH NEGI
24 June 2014 at 18:12
Dear Experts,
Please note that around 12 years back, my late father purchased around 1/5 bigha of land in Dehradun on my name from a member of ST community. At that time, it was not known to us that the land belonged to ST community since the deal was done through our distant relative (that relative is now no more in this world). However, his son and daughter was witness to the deal. The deal was signed and stamped by local gram pradhan. Now, recently, we came to know that land purchased by my father does not either belonged to that ST member. Rather, it seems to be a govt land. Also, the said area of land was sold to different peoples. Now, I wish to file a criminal complaint against that member of ST community in Uttarakhand. Is it possible to file criminal case against that member and my distant relative under IPC along with the law of torts.
Dear experts, please suggest the legal remedies. It may be noted that Justice J. S. Khekar and Justice H. G. Ramesh in Writ appeal no. 512/2011 (SC/ST) (Karnataka High Court) has directed the competent authorities to file criminal case against the member of SC/ST communities involved knowingly in alleged transfer of land to non-SC/ST community.
Should I feel the case with the revenue authorities of the district or file the case in district court or should I file the writ petition in high court. Please suggest appropriately.
Regards/U. S. Negi
PS: Dear Experts, please note that a large land bank in particular area has been sold to the members of Non-ST community and many educational trusts neglecting the SC judgement that SC/ST land cannot be sold to non-ST/ST community or companies. Moroever, it is suspected that many land has been purchased by these so called trusts and educational institute through the medium of ST community. It is very likely that revenue authorities may be involved in this game. I have seen the land papers of a member who is a member of non-ST community but he has purchased the land from ST community and he had got that land registered with the sub-registrar office although the land purchased from SC/ST community cannot be registered in the name of non-SC/ST community.
Kindly suggest the suitable legal remedies. Should I file the writ of mandamus directly to Supreme court or high court so that suitable actions be taken against the erring persons against the law of torts. Please guide.
druvvasing
24 June 2014 at 18:07
My friend in South India City, owed around Rs 3 lakh to a Delhi based Company. Company's branch staff (South India)and Police came to his house, took him to Police Commissioner's Office (South Indian City). Police Commissioner made my friend give 5 post dated cheques to Company.
Cheques got bounced.
Delhi Company filed case under 138 NI act in Delhi. He did not appear in Court. NBW has been issued. Notice for attachment of property has been issued by CMM. He does not have any property.
Next hearing date is during August.
2 Delhi Police Officers visited his house in South India last week, informed about Warrant to his parents.
He has made part payments before 6 months and nothing recently.
Cheque case is for Rs 1.5 lakhs, and he has made part payments of Rs 1.5 lakh.
Kindly guide him how he can handle his case.
sony
24 June 2014 at 17:55
HI ,there
if there is no will left by father and the property is self acquired property of father.There are two sons and two daughters and mother.what will be the right of son and daughters in the property?And what will be the share of daughter in the name of one of his son i.e house is in the name of his son?
singh
24 June 2014 at 17:01
sirs,
I am an NRI.(merchant navy)I had sold my plot for Rs 13,50,000.The purchaser registered the plot at Rs 4,00,000 which was the govt.circle rate at that time as he wanted to save money on registration.
I deposited the entire Rs 13,50,000 in my bank account.
at the time of finalizing the deal i had taken Rs 1,00,000 as a token money and the balance 12,50,000 was paid to me at the time of registration by the purchaser.
In the assessment year 2008-09 Income tax department sent me a notice stating that out of Rs 13,50,000 only Rs 3,00,000 is the amount realized by the sale of plot but the balance Rs 10,50,000 is liable for tax as according to them it is an unexplained income.
They have considered just 3,00,000 and have ignored Rs 100,000 which was an advance received as a part payment of the plot.
They are asking for tax on the amount of Rs 10,50,000.
they taxed me of around Rs 3,50,000 apprx and as i didnt pay that now adding interest to it the amount has come up to Rs 5,00,000 as tax payable.I had requested for installment which they have converted into 6 installments but I wish to make an appeal and request for exemption of all the tax amount as i am not at fault.please help
Raouf
24 June 2014 at 16:53
Hello Every one,
I need to ask you experts that some 06 months back a vehicle owned by me had an accident with a tourist. My driver was driving the vehicle at that time. i took the tourist to the nearby hospital and treated him ( Fractured Arm ) for two days. After 02 days he left for his native saying that he will continue his treatment in his native place. in the mean time he lodged an F.I.R. with the local police. Driver was arrested and later released on bail. Now the same tourist is threatening me and asking a ransom of 08 Lacks through his lawyer. His lawyer even send me a ( Without Prejudice Notice ) asking for the money. I am in a fix what to do.
Kindly Suggest.
The Police is yet to complete Charge sheet.
My Vehicle is already insured ( Third party as well as self )
Thank You
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