Pushpa
08 May 2018 at 15:16
Mr. Wintson Brown has been appointed as Ambassador to UK in India and assumed charge in India. He wanted to visit some important places in India, hence he decided to tour in North India in his individual capacity not as holding the post of Ambassador. Accordingly Mr. Winsten Brown took a car belonging to Mr. Kuldeep Yadav at Samitripur, Bihar so as to visit some historical places in Bihar. Mr. Wintson Brown accordingly engaging any person to drive the car himself started driving the car. Mr. Wintson Brown, while driving the car rashly and negligently dashed against a child aged about 8 years. The child was crossing the road innocently. In the said accident, the child died on the spot.
On seeing the scene Mr. Gurudev a Police constable, who was on duty at the spot arrested the driver of the car and registered the crime 222/18 against both driver and the owner(i.e Mr. Kuldeep Yadav) and submitted Fir to the jurisdiction Police station for the offence punishable U/sec. 304A of IPC. Later both were released on bail by the Police.
Being aggrieved by the same, both Mr. Wintson Brown and Mr. Kuldeep Yadav have preferred the criminal petition separately before the Hon’ble High Court of Bihar U/sec. 482 of Cr.P.C against the state.
Mr. Wintson Brown challenged the FIR in Criminal Petition No. 248/18 on the ground that he being the Ambassador to U.K. in India, is protected from Law and there is immunity, hence the registration of crime in No. 222/18 is illegal and the same is liable to be set aside. On the other hand, the state of Bihar justified the action on the ground that he committed the alleged offence in his individual capacity.
Mr. Kuldeep Yadav also challenged the FIR in Criminal petition No. 223/18 on the ground that he is not criminally liable to be punished for the offences punishable U/sec. 304A of IPC as he has not committed the alleged offences. The state objected that he being the owner of the Car, is liable for criminal action.
Hinaben
08 May 2018 at 14:10
Sir I have filed maintenance case against my husband in 2014 and in February 2018 order passed by chief judicial magistrate of rupees 5000 p.m. then next day I applied for arrears of maintenance of 45 months round about 230000 and notice was served to my husband. My husband is government servant with salary about 30000. Now he intentionally trying to delay recovery by submitting RS 5000 on third date of CrPC 125(3). And on the other hand the regular maintenance amount of Rs 5000 p.m. is getting pending. So what I should do to get arrears of recovery as early as possible and to get my monthly maintenance amount within time. My husband says he is financially weak. He doesn't have any responsibility other than me and in maintenance order it has been agreed by magistrate. So please guide me in this situation. And I want to know how much time my husband can get from court to pay me arrears of maintenance as he is well earnings government employee
minaxi
08 May 2018 at 13:31
Gm sir.
I am pesuing law..llb student.i have a query about property right
My dad has made his property will.
After frst wifes death he married with my mom.
Dad has a son and daughter by his frst marriage.
We are 3 sister of his second marriage.
All the childern from the fsrt marriage are well settled and there is a huge age difference between them and us.
My dad fulfilled all the formalities of their study and marriage.
But after marriage they started ignorance to my dady.
We all 3 sister very young to understand this all.
As my dad gets older and becomes seek oftenly he made will.
In his well he mention that i declare that my all the property will be on my wifes name after my death.
I remove them all from my property.
Now there are approx 5 yrs of death of my father.
They all demanding their portion from the property.
My mom wants to sell the house.
So pls tell me are they all liable for rupees which are collected from ghe sell of house.
Member (Account Deleted)
08 May 2018 at 13:16
I want to surrender my cast certificate because we don't belong to any of those classes. Without any knowledge & consultation my father applied for cast certificate. Now we have cast certificate but what i have found that we don't belong to any of those classes. I explain to my father that their is some kind of mistake we don't belong to those classes but he didn't listen to me. so can you tell me the procedure for how to surrender the cast certificate.
Ankit
08 May 2018 at 13:08
Dear Sir
I was Compulsory retired from Union Bank of India. I was working as Manager.
my question is :�
Suppose, an employee was suspended on 20th feb 2008 and got compulsory retirement on 10.08.2010. Now, in calculation of his leave encashment, DA at what rate will be taken into account, rate prevailing as on 20.02.08, ie on the date of suspension or as on 10-08-2010 ie the date of getting the CRS?
And which salary will be taken into consideration for leave encashment, salary on the date of crs or salary at the time of suspension?
Some person has told me that presumptive pay and d.a is taken for calculation but i need expert advice so please guide.
Thanking you in anticipation
Sathya
08 May 2018 at 12:39
Hello
As am AADI THIRAVIDAR (SC) my husband belongs to MUDALIYAR (MBC). yet we didn't register our marriage... How to get inter caste marriage certificate. One of my friend got govt job with intercaste marriage certificate. Is it possible... If yes kindly give details regarding that.
Rucha Pawar
08 May 2018 at 11:16
Dear Sir,
If the property is situated in the flood zone , and the same is acquired by the govt for public project, in that case can the valuation of the property be deducted by 50% .as it is in the flood zone if so then is there any Govt.directions or case laws for the same..
2. once the award is declared by the Collector in the land acquisition case , will it be revised in any situation..
Indu
08 May 2018 at 10:51
How a girl can launch this dhara 377,
As now, girls are misusing this, ,Is evidence is required for this or not. Or by a simple complaint a girl can file the case under this section??
And how to overcome with this problem??
If evidence is required. Than what evidences are required, if a wife is staying apart from her husband for almost 4 months , is she can file the case under this section??
K K Jha
08 May 2018 at 08:53
Good morning and greetings of the day,
I am K K Jha, working as a Senior Manager (Public Relations) with Shree Maheshwar Hydel Power Corporation Limited in Indore (Madhya Pradesh) since 1999. Work of the project had stopped from 2012 to 2016 and employees were not being paid salaries since months. In May 2014, the then CGM of the project issued a temporary transfer order in my name through email directing me to join at the project site from Indore on temporary basis. Thereafter, I went on a leave of one month and after I returned from my leave, I verbally talked to the CGM (who had issued my transfer order through email) whether I should move to the project site or remain in Indore, keeping in view closure of project and nonpayment of salaries. He verbally allowed me to work from Indore. From June 2014 onward, like earlier, I continued to send my attendances from Indore and the same was duly verified by the CGM himself till January 2015 and thereafter, by other competent authority at the project site till March 2016. In the meantime, like other project employees, I was paid my salaries from June 2014 to December 2014 (post my temporary transfer order). From Jan 2015, the then project management stopped making payment of monthly salaries to the project employees on account of fund constraints. In June 2016, the power finance corporation took over the project from the promoter and started paying regular salaries to the project employees, barring me on the plea that I had not joined at the project site following my transfer. I continued to send my attendances from Indore in the absence of any communication from the project management but it was only from October 2016 onward, they allowed me to work from the site. In the meantime, the new management released pending salaries of the project employees of nine months but I was denied the same on the plea that I had not joined by duty at the project site after my temporary transfer order. My submission is when the previous management had approved and verified my attendances (post my transfer order for 21 months starting from June 2014 to March 2016 and also made payment of six months pending salaries, can I be denied my pending salaries on the plea that I had not joined at the project site. If the management had verified my attendances of the given period and also made payment of six months salaries during that period, does it has any right to deny my pending salaries of the remaining months simply on the ground that I had not joined my duty at the project site after my transfer order ? I want to know if the authority concerned processed my attendances and salaries from Indore post my transfer order, that means transfer order was not executed by the authority and the same stood quashed as the same authority who had issued transfer order, had verified my attendances in subsequent months post my transfer order.
Anxiously waiting for your valuable suggestions.
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Civil - problem caused by neighbor's
Dear Sirs,
I am looking out for a better solutions for the below.
I am located in Austin Town, Bengaluru Ward 111.
We are being mentally harassed by our neighbors for almost 8 years now, by purposely letting their sanitary water toward our home walls damaging almost 10 to 15 feet of our home.
The wall is completely drenched and is smelling like a corporation toilet which is hazardous. We are living in the same house where we cook, eat and sleep. There were so many instances that my 2 children were suffering from cold and fever very often. We never knew this was the reason until recently.
Since January the water started leaking inside our home and now it is always filled with sanitary water in a corner of the room. When tried to inform the neighbor they argued saying that it is not their mistake and if needed we repair it ourselves. Also said “Go complain to whomever you want to, we know people in BBMP and support of some politicians.
We tried to inform Viveknagar police, and ASI – Ramakrishna + 2 constables visited the place and confirmed the leakage and went to the neighbor’s house to inspect, after about 10 minutes he walks out and comes into my home and re verifies and said “The leakage is not from their house, instead it is leaking from your own house. I explained him saying that we don’t have a water or sanitary line inside our house but he never listened and walked away saying “Don’t fight with them else, we will have to take you in”.
I raised a complaint with the BBMP office and the issue was assigned to EE Vijayanand Prasanna who sent 2 of his sub ordinates to check, they confirmed saying it is the mistake of the neighbors. They even suggested to come down to the office and talk to the senior officials. I went to Public Utility Building and met AEE Ganesh, he said it is not their departments work and to consult BWSSB. I went to the BWSSB ward office in Johnson Market and wrote down my complaint in a notebook as the EE Rangaiah was not in office. Next day I called him and spoke to him and sent images through whatsapp, he said he will come down and check himself and later in the evening said he is busy and sent his driver. The driver checked and even he confirmed that the leakage if from neighboring house however they cannot do act upon it and to consult BBMP office.
After a tough time talking to the BBMP AE, somehow convinced him to visit the house by sending images through whatsApp. He checked for the leakage and wanted to talk to the home owner and visited my neighbor. Again he went inside their home, after 10 minutes he comes outside and starts shouting at my family members saying that he inspected and he found that the leakage is not from their house, it is leaking from the ground and he cannot do anything about it and walked out of the house never to return.
We went a gave a written complaint with the Joint Commissioner responsible for our ward, they said the will act in 3 days and it’s been months now. Don’t know when the house will collapse on us.
Finally we had to approach the Lok Yukta office and file a complaint against the BBMP EE and AEE along with BWSSB EE. They said they can take action against the government officials who don’t do their job but cannot help in solving the issue.
Once the water leakage was too much, I thought will approach media and went and met an executive from TV 9, Shantinagar office. After listening to my grievances and watched the video he says he cannot help me as no one will watch sanitary leakage in TV.
Recently went and spoke to the Sub Inspector for Viveknagar Police Station, even he says this is Civil issue and he cannot help us un any ways.
I even complained to the ward councillor’s office, the assistant just spoke to the EE to take care after which he said not to disturb him as it not his job. Later went and complained to the MLA, and he suggested AEE Ganesh to look into the matter but he never showed up.
These people have destroyed our house completely. Everyone who comes to the house, takes money from them (neighbor) and vanishes. I pay property tax, Income Tax and all Utility bills, still I don’t get any justification from the concerned departments as no one is taking any action against them?
Every day we go inside our house which stinks to the core, we are forced to eat and sleep there with 2 kids.
Best,
Sanji-Paul Arvind