LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Abhinandan   30 September 2018 at 21:57

Vigilance clearance for promotion

This year on 17 may 2018 I appeared for the assessment interview for promotion, but my result was not declared reason being my vigilance clearance is withheld by Ministry of Defence and result was kept in sealed cover.
I was served a Show Cause Notice in april 2016 for some irregularities.
I submitted a reply to this SCN in june 2016. after that, I did not receive any correspondence in this regard. means no charge sheet issued to me.
my result was to be declared on 30 june 2018. but still it is in sealed cover.
am not under suspension and no criminal proceeding is there.
Can sealed cover procedure be followed based on show cause notice only.
As per supreme court decision in Jankiraman case and followed DOPT orders, vigilance can not be denied merely based on preliminary investigation.
a SCN is treated as preliminary investigation only or more than that.
In 2016 and 2017, vigilance clearances have been given to other officers, who also got show cause notices in the same matter, and their results were declared. Also, there is no further progress has been made after declaring their results.
Should I approach CAT or other court in this matter?
we are 7 employees in this case, can we all file single case?
Is it essential to give notice to department before approaching court.

Anonymous   30 September 2018 at 21:10

Property

Respected Sir,
My father along with his brothers and his father divided ancestral property among themselves with the help of partition document.
Then my father's father gifted to my father one property which he acquired through above mentioned partition document via gift deed. I have acquired this property through Will of my father. "What is the nature of this property? i.e. whether this comes under ancestral or self acquired category."

kalpesh   30 September 2018 at 20:43

Query about IPC 406

Wife filed false dowry complaint against me my mother and my sister. police submitted chargesheet against us and court framed charges under section 498a and 406 ipc .we desired trial as we are totally innocent and now the procecution side witness are over and the case is in defense side where crpc 313 statements has been completed too.now I want to know that how strong we are in defense of IPC 406 where 2 important facts are now available on record regarding 406 IPC and these facts are - (1)- No any common signed list of article was made ever and the list was put in case was prepared by girls family and lawyer only when they decide to file complaint .... (2) No any bills of articles has been exhibited by procecution side though they were available in court file. Please suggest me any defense judgement too of Rajasthan high Court or supreme Court .

Anonymous   30 September 2018 at 20:31

General query

Respected All,
Please provide me by which mode subsistence allowance is given to a suspended nationalized bank award staff employee as per Award/BPS?
After how much time of suspension period non-employment certificate is submitted to get subsistence allowance as per bank laws? Please provide time limit in words and figures both as per Award/BPS?
Whether this is necessary to give monthly declaration that employee concerned is nonworking anywhere for getting subsistence allowance? After getting 10 months subsistence allowance can employee submit it after 10 months?
Thanks


Lancy Menezes   30 September 2018 at 19:58

Documentation for CHS

As per model bye laws what is the minimum documentation required to be maintained at a CHS? At our CHS being a nominal member I have suggested that we need to have copy of all the sale agreements on the file as well as documents like share certificates, electricity bill, gas bill, details of the CHS members family, etc. but I am afraid as the Secretary and Chairman are least bothered. Please advise and assist. Thank you.

Lancy Menezes   30 September 2018 at 19:48

SUPREME COURT JUDGEMENT FOR STILT AND OPEN PARKING OWNERSHIP

I understand there has been a subject judgement issued by the Supreme Court of India in regards the CHS Ownership of STILT and Open parking area in the building compound. Isn't the sale purchase of STILT/ parking area between the builder and CHS member illegal, null and void? Is the MC of a CHS not responsible to issue notices and take control of the STILT and Open parking area and make it available for every CHS member for equal use. Please share the copy of the Supreme Court Judgement and let me know if the same still stands valid and enforceable at Mumbai CHS units. Thank you.

Vision academy   30 September 2018 at 19:39

Franchise

I wanted to buy a franchisee of training institute. I want to know legal formalities required.and how know about the if it fraud or not

Lancy Menezes   30 September 2018 at 19:37

CHS AGM Minutes Submission to Members

After a MC of a CHS conducts a AGM what is the cut off date for submission of the Minutes of Meeting to the CHS members? There was a AGM held last year in Sept 2017 but the MC failed to finalize the meetings of the AGM and the same were never issued to the CHS members. I am a nominal member on the MC and my request to have monthly meeting of the MC falls on deaf ears? How often the MC members are required to meet ...is it monthly to discuss and resolve CHS issues? What is the recourse for this? I request the experts to please advise and assist. Thank you.

Lancy Menezes   30 September 2018 at 19:24

ALLOCATION OF WATER CHARGES IN A CHS IN MUMBAI

In AGM concluded in mid Sept 2018 the office bearers of our CHS (all 01 BHK Flat Owners) have tried imposing water charges to be allocated among CHS members as per area of the flat. There are very few 2 BHK flats wherein the occupants per flat are 1 to 3 only. Majorly the CHS has 01 BHK flat s wherein the occupants per flat are 4 to 8 persons. Please advise as being a 2BHK flat owner and 03 occupants only feeling minority and oppressed by the majority. Please advise and assist to have this resolved in the right CHS spirit.

Anonymous   30 September 2018 at 18:36

How to file a complaint against corrupt judge of jmfc ?

Respected Experts,

Its been now more than 5 yrs that my husband has not paid a single amount of Interim maintenance.
I have put two applications to issue Distress Warrant against my husband.
But the Court neither directing my husband to pay the amount nor issuing warrant against him.
When I requested to the Judge to direct my husband to pay the interim maintenance then he said that he has other cases to work on and he has no time.
Please advice me now,
1) How to transfer the case from his court to the other ?
2) How and where to file complaint against him ?

Thanks in advance.