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Abhishek Mawle   25 March 2011 at 23:08

Relief from Bank

I have a Bachelor's in Mechanical Engineering with Distinction. I also have undergone certifications courses in MCSE 2003 and CCNA

In the year 2007,I obtained an education loan from State Bank of India to do my Master’s in Business Administration in USA.

I was in USA from 2007 - 2010.I was trying to get my Master's in Business Administration from Texas A & M University and one day while playing lawn tennis I hurt my back and had a torn meniscus in my left knee. I went to University hospital to get treated buy they would not accept my insurance (New India Assurance) from India.

I went to emergency room at Christus Spohn and they said it is not life threatening hence they would not treat it, but I was unable to walk and in deep pain.

I went and I complained to the International students advisor at the university about the state of affairs for foreign students and I told to her, informed my professors about my situation and left India for treatment. The professors gave me the permission for medical leave.

When I came back, I requested the professors to take the test, they refused and told me to take it in the next semester incidentally there were two professors, who were on one hand allowing me to take the test but on other hand threatening me in private by saying along the lines we will make your life miserable here. I subsequently sent a letter to the Dean of Business School at Texas A & M University, Kingsville requesting her to allow me to change my professors and was told by her “why do not you go back to India” and the next day she filed a false complaint stating that I am a terrorist who is trying to assassinate the vice president of United States Dick Cheney and also trying to blow up the Texas A & M University Building further this was statement given by the two professors under whom I was taking the course and not getting along, to the police and three students on campus through a sworn affidavit.

I was detained by the University Police and served a suspension letter by Dean of Student Affairs.

Here’s the link to that news

http://www.caller.com/news/2008/mar/06/am-kingsville-graduate-student-alleges-cultural/

I immediately faxed the copy of the complaint and the suspension order to Indian Embassy, Washington DC and subsequently I was able to talk to Ms.Aarti Krishnan, Community development officer and she told me to send an email to Mr S.S.Sinha, Community Affairs Minister which I did but I never received any response.

After Two Days I was expelled from the university.

Strangely the same university gave me an award for academic achievement 6 months ago.

I filed an appeal with the US federal court in Corpus Christi, Texas suing the University.

In the mean time I lost my immigration status. My lawyer who is of polish origin helped me. The Judge was biased and did not let the case go to trial and allow me to depose or cross examine witnesses and eventually dismissed my case in the court in spite of the fact university was not able to substantiate any of the charges leveled against me.

I did not appeal against the dismissal in the Circuit of Appeals since my lawyer was saying she does not have that kind of money to spend and neither did I have that much money, she already by then had helped me file an Initial appeal in the Federal Court for free, which was good on part of her. If Indian embassy could have filed an amicus curiae petition in the Federal Court and fought the case simultaneously putting pressure through other channels on United States Government the result would have been much different.

Similar Instances have happened to other students in USA.I remember of one famous that was of IIT Gold Medalist Vikram Buddhi who is right now serving time in Jail on the alleged charge of threatening to assassinate the President George Bush and his advisors, which is also unsubstantiated.

Recently I have heard about Tri Valley University students from India being ill treated by US authorities and tagged with Ankle Monitors.

My Lawyer and I wrote to the Minister for community affair at New York, USA several times but they never gave me any support or least responded. A junior officer at the embassy told me not to waste time and further stated you would receive help only if you are a son or relative of politician or a top bureaucrat.

Now State Bank of India has sent a notice demanding me to repay the education loan of Rs 15 lakhs taken from them to complete my Master’s Program in USA, which I could not complete

I want Educational Loan given by State Bank of India to be waived since Ministry of External affairs nor the then Indian Government did not support me, which resulted in discontinuation of my studies and return to India. All I got was trouble some under American Authorities and little more by Indian Authorities due to their willful neglect. How do I reply to their Notice?

I am paying for my nice behavior.

The bank as mentioned in its sanction letter had bought SBI Shield against me and my father hence can claim the loan amount from the insurance fund.



Further I intend to file a writ in High court against Ministry of Overseas Indian Affairs (MOIA), Minister of External Affairs (MEA) and State Bank of India for providing me much needed help during the above mentioned incidents thereby failing in its duty miserably to protect citizen of India abroad who is sovereign as per the constitution of Republic of India.

kuldeep   25 March 2011 at 22:49

land revenue code

i want format of application under section 114A MP land Revenue code for making KIsan Kitab/ Rin pustika . please send me format for above subject

Anonymous   25 March 2011 at 21:25

Indian Companies Act

How far liability is limited in pivate limited company? I paid big amount to a private limited company for providing software works. They failed to provide me the job works. The Gentlemen representing the company who orifinally signed the agreement periodically renewing the agreement. Finally acknowledged that he will pay me back and signed on behalf of the company. The company is not functioning since last few years. How can I recover my money or take an action? Even if I file a civil suit and get it decreed what can I do with it against a company without any assets? Can I make him personally liable and recover from his personal properties?

Anonymous   25 March 2011 at 20:43

Status in redeveloped buildings ?

Recently two builder have bought adjutant tenanted properties and have proposed to redevelope them due to notice issued to them by BMC and have filed petitions in High Court against BMC and tenants saying that we are not co operating as we want ownership rights in the redeveloped buildings. Pl. advice us in the following:

1) How we can make them agreefor ownership rights instead of perpetual tenancy rights ?

2) We doubt their intentions as they have criminal mind set and want to file consent terms once we come to a conclusion. Is it ok if we ask for bank guarantee of 2 Crores for timely comletion of buildings.

3) What happens if it is not possible to come to a understanding. Can High Court pass an adverse order and foricing us to vacate the premises ?

Pl. help.

Anonymous   25 March 2011 at 19:55

Websites containing Public Trust Case Laws/Coommenty etc

Can any one suggest webites that has case laws, Commentaries related with Bombay Public Trust Act with and without subscription? Thanks

Anonymous   25 March 2011 at 13:14

Illegal Termination.

Respected Sir / Madam,

I reside in Mumbai & was employed with the largest BPO company of the world in its Mumbai office for 2 & half months.

During my training I used to get harrassed by one of my batch mates, he use to harrass me daily in the training class in front of the trainer.

But the trainer did not use to pay any heed to it.I had escalated the issue twice to the HR & the trainer via email. But they did not take any action on that guy. Since i had escalated the issue so the guy wanted to take revenge on me.

On 19-1-11 when we were returning home in the same office transport,that guy abused me for no reason & started beating me inside the car & dragged me outside the car & severely beat me. Seeing this a large crowd gathered on the road & wanted to lynch the guy.

But I made the driver rebound the car back to the office & met with the training managers & HR upon returning to office. I sustained injuries in my rib-cage for which i had to visit the doctor, undergo X-Ray & medication.

The HR assured me that they will take action on that employee. But after 15 days they said they have done investigations & had found that I was equally involved in the fight (which was sheer untrue).

Even after the incident I used to go to office almost daily & once during my shift the HR called upon me & asked me to write a false statement, stating that I was equally involved in the fight so I want to resign on personal grounds, which was absolutely false.

When I denied to write that "false statement", they said if I do not write that statement, then I will be terminated.

Hence they sent the "termination letter" to my address on 3-2-11, as I was under "Probation period" as per the appointment letter.

Although the "subject" of the letter said "termination letter" but it did not mention neither the incident nor the reason for termination.

It only mentioned that I "was not found suitable for the job" & so they are terminating me. They have given 1 month salary as compensation, but I was entitled to receive joining bonus as per appointment letter, which they have denied to give.

Now, I want to sue the company for their gross injustice & the negligence of the HR to handle the issue effectively & also to get monetory compensation.

As evidence,I have the copies of the email complaints against that guy in my mail box, which I had sent to the HR & the trainer before the incident took place.

I also have recordings of the telephonic conversations with the HR after the termination.

The HR terminated me because even after repeated escalations they failed to control that guy & take necessary steps to ensure my safety in the office premises & office transport. As the HR was negligent, irresponsible, incompetent & failed to do their job appropriately even after multiple escalations. Hence to save themselves from questioning by higher authorities, the HR sacked me illegally.

So could you please advice me whether I have valid reasons to file case against the company or not & what else, as evidence I would need to defeat the company in the labour court to get monetory compensation or get re-instated.

I will be very grateful to anyone who advices me in this regard.


With thanks & regards,
Anonymous.

Anonymous   24 March 2011 at 12:59

Can we approach Hon'ble High Court for implementation of earlier regularisation decision, please

Sir,

I was working in the govt. autonomous body and in the year 2002 the high powered committee of the autonomous body in its meeting where the then Minister of the Ministry under which autonomous body was regulated, former president of india, former m.p. and renowned scholars being members were present and took a unanimous decision. The contents of the same are "it was decided that the persons who were appointed in the project since 10-20 years may face problem to get regular job outside and it is decided that their cases may be considered for regularisation without affecting the seniority of the regular staff of the institution. This decision came into black and white and circulated through minutes and Member Secretary also forwarded these minutes to the concerned officers for 'necessary action'. But this decision was not implemented and no order was issued except releasing of these minutes.


My question is - Can we go to the Hon'ble High Court for the implementation of the above regularisation of services decision.

Can we refer case of previous CVC - Mr. P.J. Thomas case where Hon'ble supreme Court mentioned that court is not liable for framing policy decision but is responsible for legality of the same.

Kindly advice me at the earliest, please.

Anonymous   24 March 2011 at 12:41

Can a new outsource agency reduce the salary of an employee who was engaged earlier and still workin

We are placed in a govt. statutory body through outsource agency. The govt. statutory body is paying the minimum calculated amount to the basic pay of the concerned employees to the outsource agency and the outsource agency in turn after keeping its delibterated amount with these employees pay the same to its employee. Now, a bids have been floated for the outsource tenderers and the lowest tenderer has been selected. Now, the new outsource agency is pressing for reducing the salary amount which was earlier paid by the previous outsource agency. My question is whether is there any rule where it is said that the existing salary can not be reduced by the new contractor. If there is any rule or govt. circular, the same may kindly be very helpful to us and please intimate the same to us.

Anonymous   24 March 2011 at 03:45

Change in PAN jurisdiction

I used to stay in Mumbai initially and my CA filed my returns from Mumbai Ward itself. I got my PAN also at the Mumbai's address. Now I wish to change my jurisdiction ward to Pune as I am residing in Pune. My queries are:
1)To change jurisdiction do I have to change my PAN address?What form is required?
2)Is there a different form for changing the jurisdiction or is it same as above(PAN address change)?
3)I don't wish to change my CA from Mumbai as we have v.good family relations. Is it alright or I have to compulsorily change my CA and find a new CA in Pune?
4)Does my PAN number also change if the address changes to Pune?
Plz advse
Thnx a lot.

Jitendra Shekhar Dutta   23 March 2011 at 23:31

LTC

SIR,
I AM AN ASI(MINISTERIAL) IN CRPF SINCE 2001.
CCS (LTC) RULE IS RUNNING IN MY DEPTT WHICH IS USUALLY USED BY OTHER CENTRAL GOVT DEPTT.
I HAVE BEEN SANCTIONED 4 YEAR LTC FOR 2006-09(EXTENTION 2010) DURING 2010 DECEMBER. BUT MY COMMANDANT HAS BEEN CANCELLED MY LEAVE WITHOUT ANY REASON SO I COULD NOT AVAILED LTC FOR MY WIFE, FATHER AND MOTHER.

I REQUEST YOU TO CLARIFY THAT IS ANY RULE SO THAT I COULD CLAIM FOR LTC COMPENSAITON WORTH RS. 14,000/-

THERE IS NO RULE OF AVAILING LTC AFTER 2010 (FOR 2006-09 PERIOD)


I AM WAITING YOUR REPLY WITH THANKS
YOURS..