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V.N.K. MENON   26 May 2018 at 11:08

Fabrication of docs. by i/o &acmm avoids audi altrem partem

SHALL BE GRATEFUL TO EXPERTS FOR WISDOM, I AM PLANNING TO PRACTICE FROM AUGUST.

NECESSARY HISTORY OF THE MATTER
=================================
My wife had purchased a property {in agricultural land area/ Lal Dora area where regn. was not mandatory in Delhi} by way of GPA/Affidavit etc. for running a school. The owner died before registering the transaction. He was a member of governing body of the school. His heirs, after his death, alleged forgery of documents and by influencing the police filed FIR.
(1) The FIR was transferred to Economic Offence Wing [EOW] with the label of land-grabbing whereas my wife has been in possession of the property. [The I/O was later arrested in graft cases in a sting operation by a channel in some other case].
(2) EOW took up case contrary to parameters and guidelines. There is RTI reply from Police HQ that EOW takes up cases of more than 2 crores. The property admittedly of 80-90 lakhs value [ as per case diary] and according to circle rates declared at that time by Delhi Govt. it is about 30 lakhs.
(3) The documents (as Questioned Documents) were sent by I/O to FSL alongwith some manufactured documents including specimen writing of my wife.
(4) About Standard Documents [i/o’s forgery]:
(i) Though Lease Deed admitted as genuine by heirs [ wife of diseased by way of affidavit] of late owner was seized from them by I/O was never sent to sent to FSL as a Standard Document.
(ii) The heir had admitted in deposition that her husband had no bank account.
(iii) Whereas I/O presented some cheques purportedly made by diseased alongwith specimen signature card, and it is judicially noticeable that the signature on the card grossly differs from signature on the cheque and bank made mockery of specimen signature card system.
(iv) According to Forensic rules only similar class of docs can be compared: “Bob cannot be compared with jack”. “Comparison can only be apple-to-apple”.
(5) I/O before filing charge sheet arrested my wife from school on the charges of absconding since he allegedly could not find her at residence during school hours.
(6) Without presenting the court the FSL report he in connivance with ACMM remanded her to Judicial custody saying that FSL report has confirmed forgery which is false. Request for location of mobilephone of I/O was ignored by ACMM. Principle of audi alterm partem was given a go-by. After about four days, she was released by the order of Sessions remarking that the matter is of a civil nature.
(7) Afterwards only, charge sheet was presented alongwith FSL report. The charge sheet and FSL report clearly exonerated my wife in terms: “ it is not possible to fix authorship” of Questioned Documents on my wife.

QUERY
======
[Matter has not reached finality in trial court]
(1) Can I approach Supreme Court as spouse u/A-32 COI for infringement of fundamental rights and for taking action against I/O and ACMM? Guidance shall be highly appreciated.
(2) Who should be made opposite parties:
(i) whether I/O and Police Commissioner.
(ii) How can I make ACMM as party, what is the rule.
(iii) Is there any limitation in filing SLP . As there is a case law that order obtained by fraud can be challenged at any time to bring culprits to book.

thank you once again.

vallabh_raut   26 May 2018 at 10:01

Deliberately extending evidence in crpc 125

Hello Experts,
We (brother,father, sisters and me) are fighting DV filed by brother's wife. She has also filed 125 on my brother. The CrPC 125 case is in evidence stage. Her cross is over. She has asked the court to send summons to the Talathi of our native place claiming we have ancestral property there ( as he (allegedly) refused to give her 7/12 records ). This is just to extend the evidence. She has already produced the 7/12 records in the DV case an year before. Now, can we ask the CrPC 125 court to accept the 7/12 records she has produced in the DV case so that time gets saved?

Karishma Sadhwani   26 May 2018 at 08:50

Licence required for starting a Studies Abroad Consultany

Hi, I want to start a Studies Abroad Consultany, where we would be providing guidence, coaching and also visa assistance. Want are the legal requirements for this

Brijmohan Khadia   26 May 2018 at 07:54

Marriage with foreigner in foreign

Good morning.
I am Indian and my passport is from Delhi.
I am living in Japan and want to marry a Japanese here.
Marriage officer here asked me to get the unmarried certificate and a certificate from my parents stating that I am unmarried from India.
Indian embassy in Japan can issue bachelor certificate but they said i need to ask my parents to get an affidavit (there is no such certificate).
My parents have moved to Gurgaon from Delhi.
Please tell me how should my parents proceed with affidavit and where can we get this attested from.

Regards

Jaswanth Adapa   26 May 2018 at 07:53

Discrepancy in recruitment

TSSPDCL has recently conducted exam for the Post of Junior Accounts Officer for 100 Marks (Part A for 80 marks and Part B for 20 Marks).

I have got 70 Marks (56 Marks in Part A and 14 Marks in Part B) and I was ranked 93rd. My Date of Birth is 22.05.1987

For the same 70 Marks, a Candidate whose Date of Birth is 30.07.1995 was given 69th Rank, becasue he scored better marks than me in Part A. (His scoring was Part A 62 marks and 8 Marks in Part B).

As per my understanding and time tested principle, which is usually adopted by UPSC/ TSPSC or any other Institiution in case of a Tie of Marks is that, The Person who is Older in Age is given better rank than Candidate whose is younger.

But in my case, first preference in ranking was given to that candidate who secured better marks in Part A , instead of Age being given first preference.

Had the Selection of Candidates been made on the Basis of Age (in case of equal marks), I would stand a chance to get Selected and find a place in the Selection List.

Even the Notification inviting application for the Job, never mentioned the fact that Weightage will be Given to Part A while ranking Students. Not even the Service Regulations of TSSPDCL speaks about Tie Breaking Principle.

Very recently I have got to know that the entire Selection Procedure (including Certification Verification, Executing Bond etc) has been completed by TSSPDCL and is in the process of issuing Appointment Letters in a day or two.

During these Vacations, my Case could not be accepted by the Telangana High Court, because Service Matters were not taken up by the Judge.

In View of the above Situation,

1. I would like to know my Legal Position.

2. What is the Settled Law Position with respect to giving priority to age over marks in Part A.

3. Do I stand a chance in getting/ winning this case and secure a seat in TSSPDCL.

4. Do I need to worry because the entire Selection Procedure will get over, by the time Courts Resume on 04.06.2018.



I am giving links to the following for reference, as i am unable to attach the same.

1. Notification: https://www.tssouthernpower.com/ShowProperty/CP_CM_REPO/Pages/Careers/Direct%20Recruitment%20to%20JAO

2. Merit List: https://www.tssouthernpower.com/ShowProperty/CP_CM_REPO/Pages/Careers/JAO%20Results%20Qualified

3. Service Regulations adopted by TSSPDCL: http://apsebea.org/files/APSEB%20Service%20Regulations%20final.pdf


Any help is highly Appreciated !!

Manish Tripathi   26 May 2018 at 07:47

About health insurance tpa ofindia limited

Madam/Dear sir,
Health Insurance TPA of India limited is a joint venture Company with 4 Public sector Health Insurance Companies-United India Insurance Company, New India, National Insurance and Oriental Insurance Company. Each company have 23.75 shareholding in concerned JV named, Health Insurance TPA of India limited it means 95% shrareholding with 4 PSU and rest 5% is with GIC. JV Company, Health Insurance TPA of India limited has been audited by auditor appointed by CAG.
Whether it is a Government Company or Government subsidiary Company or PSU or a Private Company. Please share the exact status of the Company.
Do JV Company will follow Government rules and regulation regarding their employees benefits?

Anonymous   26 May 2018 at 04:05

Obc category and permanent address

My surname is Yadav and it comes under OBC category in UP and in Center. I have been living in Mumbai from my childhood for past 26 years. I have my birth certificate from Uttar Pradesh but all other documents are from Mumbai as a Permanent residential. I have domicile of Maharashtra. I have a property and residence in UP but my family is living in Mumbai permanently. As no one in my family have caste certificate so till now I have applied everywhere as unreserved candidate. Now I want to make caste certificate.

Please let me know if I make my caste certificate from UP will it be any problem considering all my goverment IDs have Mumbai's address . Also my caste comes under obc in center so is it possible to get a caste certificate directly in central format.

Sravs   26 May 2018 at 01:02

Property

http://www.lawyersclubindia.com/mobile/experts/property-681711.asp

Sandeep Shrivastava   26 May 2018 at 00:25

I have section 498, 376 and 377 and looking for a job change

Sir,
My wife has made false allegation on me under section 376, 377 and 498 on me. I have also spent 4 days in jail under judicial custody while I was seeking for bail.
Similar section 376 and 498 was charged on my brother.
My Parents, brother's wife and Uncle have been imposed with section 498.
Except me rest all have got proceeding stay while I have got the bail.
For bail, I have got the instruction from Supreme court. I have the bail for me now.
My passport was also got impounded by the passport office, when other party informed the passport office.

My question is - I have got offer from two good private companies. it is in the final stage and they would go for background check and police verification before asking me to join.
Are there any chances that they would drop my offer because I have a criminal case pending.
I have already told them that these cases are on me.
Also they may not be happy finding that I am not ready with my passport.

Do you think this all would let them to reject job offer to me?
Can I do anything in this case?
Please help me I am very tensed with this all?

I have not done any crime. Just because, my wife is using these things I have to bear a dent in my career.

Thanks

best regards

Kadambari Upadhyaya   25 May 2018 at 23:27

Spelling mistake in surname

There is a spelling mistake in my graduation marksheet the surname is misprinted of me and my father only the surname.whereas all details in class 10 ,12 marksheet pan card ,aadhar card, passport are correct.the surname in all my documents is upadhyaya where as in my graduation marksheet it's upadhyaya what can I do?will it cause any problem in future