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subhash chandra   18 January 2018 at 19:08

Fundamental right u/a 19(1)(g) trade & busness

Sir, i have purchased share of my mother from agriculture land .
land mutation & title have transferred in 2004 after death of my father in 1997 through court. My sister after purchasing my mothers share. she had filed a suite in ADJ court in 2010 demanding that registered sell deed canceled because i have a share in my fathers land.
she has not challenged mutation or title.she has not she holder that land either in mutation or not have title.
now i am a trader .
Sir , My Question , this is violation of my fundamental right u/a 19(1)(g) trade & business.

please read statement whole and question with illustration.
thanks with best regards

JIBAN C   18 January 2018 at 18:38

Gratuity

Madam/Dear Sir,
I have resigned from central govt organisation after continuous service of 6 years 7 month and joined in central govt. PSU. As i have joined in psu, so my past service is not carry forwarded. However, they rejected my gratuity application, simply mentioning that i am not eligible for this benefit. Please suggest me whether i am eligible for gratuity with proper goverment order.

PRATEEK   18 January 2018 at 17:07

marriage with second cousin

My friend want to marry his second cousin.
That mean she is the grand daughter of his grandfather brother.
Is he able to marry with her and his marriage is valid.
He is from uttar Pradesh India from a Hindu family.

PRATEEK   18 January 2018 at 17:02

Marry with second cousin

My friend want to marry his second cousin.
That mean she is the grand daughter of his grandfather brother.
Is he able to marry with her and his marriage is valid.
He is a from uttar Pradesh India a Hindu family.

Anonymous   18 January 2018 at 15:54

Restituion of conjugal rights under mohammedan law

Before which court of law, a Muslim husband can file restitution of conjugal rights and under which provision of law the said court will have jurusdiction to entertain the restitution of conjugal rights suit????

Anonymous   18 January 2018 at 15:28

Withdrawal of resignation after effective

I worked as Examiner of Patents and Designs at Indian Patent Office, New Delhi under the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry. I appointed by president of India on 13th March, 2016.
I applied for technical resignation on 25th September, 2017 and a consequence competent Authority accepted my Technical resignation on 13th Nov., 2017. I got relieved of my duties from the post of Examiner of Patents & Designs on 22th Nov., 2017 to join Indian Oil Corporation Limited (IOCL) for one year probation period.
There are several difficulties I am facing here at IOCL and due to same I am not able to support my family. I am the eldest son in my family and have multiple responsibilities. Nature of duties in IOCL is completely different form the Patent office.

I was applied for repatriation request to the Department of Industrial Policy & Promotion on 4th December, 2017 (after 10 days) (Annexure-I). In continuation of my previous request again I request on 1st January, 2018 to department give me some relief in this matter. (Annexure II)
Department followed the guideline of the DOP&T and according the Rule 26 ccs pension rule 1972 is. (Annexure III)

The procedure for withdrawal of resignation after it has become effective and the Government servant had relinquished the charge of his earlier post, are governed by the following statutory provisions in sub-rules (4) to (6) of Rule 26 of the CCS(Pension) Rules,1972. This corresponds to Art. 418(b) of the Civil Service Regulations:-
(4) The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely:-
(i) that the resignation was tendered by the Government servant for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request of a material change in the circumstances which originally compelled him to tender the resignation;
(ii) that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper.
(iii) that the period of absence from duty, between the date on which the resignation became effective and the date on which the person is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days;
(iv) that the post, which was vacated by the. Government servant on the acceptance of his resignation or any other comparable post is available.
5) Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body” controlled or financed by the Government.
(6) When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order’ shall be deemed to include the con-donation of interruption in service but the period of interruption shall not count as qualifying service ;”
6. Since the CCS (Pension) Rules, 1972 are applicable only to holders of permanent posts, the above provisions would apply only in the case of a permanent Government servant who had resigned his post. The cases of withdrawal of resignation of permanent Government servants which involve relaxation of any of the provisions of the above rules will need the concurrence of the Ministry of Personnel, Public Grievances and Pensions, as per Rule 88 of the CCS(Pension) Rules,1972.

Rule number 26(5) not allowed for the withdrawal of resignation of a person to join the Corporation. I have Joined IOCL with the proper permission of the department. My resignation is a technical resignation means my past service is not forfeit. RTI request number is
“DP&PW/R/2018/50032” clearly mention that ccs pension rule no. 26 is not applicable in my case.
.


Anonymous   18 January 2018 at 15:20

Withdrawal of resignation after effective

I worked as Examiner of Patents and Designs at Indian Patent Office, New Delhi under the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry. I appointed by president of India on 13th March, 2016.
I applied for technical resignation on 25th September, 2017 and a consequence competent Authority accepted my Technical resignation on 13th Nov., 2017. I got relieved of my duties from the post of Examiner of Patents & Designs on 22th Nov., 2017 to join Indian Oil Corporation Limited (IOCL) for one year probation period.
There are several difficulties I am facing here at IOCL and due to same I am not able to support my family. I am the eldest son in my family and have multiple responsibilities. Nature of duties in IOCL is completely different form the Patent office.

I was applied for repatriation request to the Department of Industrial Policy & Promotion on 4th December, 2017 (after 10 days) (Annexure-I). In continuation of my previous request again I request on 1st January, 2018 to department give me some relief in this matter.
Department followed the guideline of the DOP&T and according the Rule 26 ccs pension rule 1972 is.

The procedure for withdrawal of resignation after it has become effective and the Government servant had relinquished the charge of his earlier post, are governed by the following statutory provisions in sub-rules (4) to (6) of Rule 26 of the CCS(Pension) Rules,1972. This corresponds to Art. 418(b) of the Civil Service Regulations:-
(4) The appointing authority may permit a person to withdraw his resignation in the public interest on the following conditions, namely:-
(i) that the resignation was tendered by the Government servant for some compelling reasons which did not involve any reflection on his integrity, efficiency or conduct and the request of a material change in the circumstances which originally compelled him to tender the resignation;
(ii) that during the period intervening between the date on which the resignation became effective and the date from which the request for withdrawal was made, the conduct of the person concerned was in no way improper.
(iii) that the period of absence from duty, between the date on which the resignation became effective and the date on which the person is allowed to resume duty as a result of permission to withdraw the resignation is not more than ninety days;
(iv) that the post, which was vacated by the. Government servant on the acceptance of his resignation or any other comparable post is available.
5) Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body” controlled or financed by the Government.
(6) When an order is passed by the appointing authority allowing a person to withdraw his resignation and to resume duty, the order’ shall be deemed to include the con-donation of interruption in service but the period of interruption shall not count as qualifying service ;”
6. Since the CCS (Pension) Rules, 1972 are applicable only to holders of permanent posts, the above provisions would apply only in the case of a permanent Government servant who had resigned his post. The cases of withdrawal of resignation of permanent Government servants which involve relaxation of any of the provisions of the above rules will need the concurrence of the Ministry of Personnel, Public Grievances and Pensions, as per Rule 88 of the CCS(Pension) Rules,1972.

Rule number 26(5) not allowed for the withdrawal of resignation of a person to join the Corporation. I have Joined IOCL with the proper permission of the department. My resignation is a technical resignation means my past service is not forfeit. RTI request number is
“DP&PW/R/2018/50032” clearly mention that ccs pension rule no. 26 is not applicable in my case.

Any relief available in my case. or How to go back in my parent office.

sidheshwar ingavale   18 January 2018 at 15:15

Sell of agriculture law

we have 168 gunta agriculture land on the name of X and Y ,84 gunta each. Internal boundry of land for persons X and Y are not decided/fixed still, person Y selled 60 gunta land to some other person mentioning boundry of selled land is it legal? can person Y sell his land without permission of person X.

Naimat Ullah Khan   18 January 2018 at 13:26

Equity

Sir.if there are two different accused in a case.One has full control over certain things and other has not,in such circumstances is there any principal of equity decided by Indian High or Supreme court,Once I found a citation in a book but lost it now.That was a City Bank case.One employee had full control to save the customer interest and the other had not.It was observed that a person who had the full control would be punished and the other not.Can any one find this citation.

Anonymous   18 January 2018 at 11:25

Arbitration award obtained fradulently

Sirs, the bank has without giving notice to the borrower obtained arbitration and filed darkhast before district court. How can it be challenged and before whom. Please enlighten.