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Anonymous   20 May 2020 at 16:26

About fir and complaint

A complaint was deliberately filed against a public servant under prevention of corruption Act on a particular date. The grievance of the complainant is that public servant is demanding rupees 10,000/- for signing on some rice coupons in respect of just two works, whereas FIR, which was negligently filed on the immediate next day, contains the facts which are contradictory with the complaint which are as follows:
1. As per the complaint, demanded bribe amount is 10,000/- whereas FIR says demanded bribe amount is just 5,000/-
2. The complaint is in respect of just two works whereas the FIR filed by DSP states “accused is demanding bribe in respect of three works”.
3. Lastly, the designation of public servant is AEE but in the FIR the designation of the public servant is carelessly written as JE (which indicates dereliction on the part of DSP).

The question is under what acts and sections the public servant is protected from such deliberate and careless mistakes? How best the public servant shall proceed further in the relevant case?

Ankur Acharya   19 May 2020 at 20:25

Trust deed

We are having temple 400 years old my fourfthers were the founder they appointed pujari there.After that pujari claimed that they are the owner.Later my grandfather filed a case and also created a trust under public trust act at devasthan department in 1984 and won in DJcourt and court said that we are founder and the trust will work according to trust deed.
In trust deed there was a clause that managing trustee can appoint another managing trustee so my grandfather appointed my father as managing trustee in 1999 and my grandfather passed in 2003.Now pujari went to high court and the case was in due course from long time also he objected in devasthan for appointment of my father as managing trustee.
Now in 2018 the pujari withdrawn the case from high court and devasthan. Devasthan appointed my father as managing trustee.
1. My grand father wrote in trust deed that managing trustee can make other trustee and their time span is of five years after that trustee are no longer member of trust.
2. My grand father is the first managing trustee for the life time and he can appoint another managing trustee in his lifetime and no other persons or trustee can object. And no one can amend this clause.
3. All trustee can add or amend any other law but not the law for managing trustee appointment.
4. Managing trustee is having all power.

Now my question is one of trustee who was member of the trust when the trust deed was written, he wants to become managing trustee.
Also wants to amend the trust deed.
If not managing trustee than he wants amendment that he can become permanent trustee.
Can he challenge trust deed.
Can he become permanent trustee.
Can he challenge managing trustee position.
We are in operations since 9/2018 and had done CA audit for 2018 2019 and given audited report to devasthan.
We made new trustee and that is mentioned in our meeting register.
Please suggest

Anonymous   19 May 2020 at 12:45

Law realting cutting of trees

a debdaru tree causes annoyance to our house and neighborhood for several years.in winter time its leaves are fallen in our roof and various parts of our house.we requested many times to cut the tree or at least cut the branches of trees so that falling of leaves may decrease but they dont care at all.so what should i do now? please help experts.thanks in advance.
the tree is near about 14 inches far away from our house wall.

Quadir   19 May 2020 at 07:55

Revenue court of civil court?

Greetings experts,

In a town of U.P. the then zamindar leased out a piece of land through an unregistered document in 1949, reserving Rs. 6 as an annual rent. No duration of lease mentioned in the deed, no 4 sides of property given, only khasra number is given. Right to raise construction was given in the deed, tenant raised pacca construction. Land is in limits town area limits (now nagar panchayat). Later tenant got his name mutated in revenue records and sold a large part of the property to someone, claiming himself as the owner of the property. Possession of sold part handed over to the purchaser.

Now, what is remedy for the landlord to get back the possession ?

1. As the land is in nagar panchayat limits, should it be treated as an urban property and landlord goes to civil court? or small cause court?
2. U.P. rent control act applies here?
3. Since property is in nagar panchayat limits so Z.A. act does apply, still should the landlord go to revenue court?
4. Should the landlord plead to get the sale deed cancelled?
5. What about court fees then if landlord wants to get the sale deed cancelled?

Thank you in anticipation.

Athi Vishal HD   18 May 2020 at 18:13

Obtaining of passport while criminal case is pending in cour

Dear Sir/Madam, im working in State Govt. Im facing 498A, 504,506 Ipc case which is under court trial since past 7 yrs. im planning to visit German by Dec-2020 with my Sister. If I applied for passport, is it necessary to take permission from court? is it also necessary to take permission from court to travel abroad?

Ranvijay Chaudhary   18 May 2020 at 16:09

How to stop accused from leaving india

How to stop accused from leaving India.

Sanjay   18 May 2020 at 15:01

Eligibility for obtaining ncl obc certificate

Hello Experts,

I am Sanjay age 32 working in private company. I am getting confused is i am eligible to get OBC NCL certificate or not. I want to apply for Government exam and want to know that from you expert.

My caste listed in the central list OBC from UP state "Ahir, Yadav". My father was employed/joined in the Indian Air force as Airmen(lower rank) after 15-20 year of service he has been promoted to JWO(junior warrant officer) , which comes under group B officers with class-II gazetted status and later he retired in 2017 August holding same position.
He is serving on pension as of now. I am not sure his salary before his retirement is matter anymore or not while deciding for OBC NCL.

Now I would like to know whether I am Eligible to obtain OBC NCL certificate or not

Please advise.

Govardhan Varma   18 May 2020 at 09:25

Is it theft or not?

In the Restaurant, When a customer ordered food after he ate the food, Then he unable to pay the money.
So, Can I know how it will be punishable for this offense?
Is it can call theft or not?

Amit Joshi   18 May 2020 at 04:22

About second appeal in rti at state information commission

I am Amit Joshi from Maharashtra. I have filed second RTI appeal, against non receipt of requested information, to Maharashtra state information commission (nashik bench). I have filed said appeal in online mode. Original regular application and first appeal was also filed online. Ihad self attested all the pages of appeal documents. I want ask "whether I need to physical send those second RTI appeal documents to commission ?" Website of the commission doesn't mention any such procudere about filing thereafter processing. Website is as follow: www.sic.maharashtra.gov.in

Amit Joshi   18 May 2020 at 04:05

Second appeal in rti at state information commission

I am Amit Joshi from Maharashtra. I have filed second RTI appeal, against non receipt of requested information, to Maharashtra state information commission (nashik bench). I have filed said appeal in online mode. Original regular application and first appeal was also filed online. Ihad self attested all the pages of appeal documents. I want ask "whether I need to physical send those second RTI appeal documents to commission ?" Website of the commission doesn't mention any such procudere about filing thereafter processing. Website is as follow: www.sic.maharashtra.gov.in