Member (Account Deleted)
27 January 2018 at 16:08
Hello experts
In 2014 a teacher from our school was booked under POSCO.. he was sent to jail then suspended from school. I was a member in that inquiry against him (not presiding officer ) and the board recommended his transfer so that the child could have a stress free life in school. In between the appellant's wife whenever she visited used to meet all the teaching fraternity including me. And was trying for out of court settlement with the family of the victim in which I and some senior teachers used to accompany her. In between me n my husband got us distanced from him when we heard him passing lewd comments on some lady teacher's character even we had a little argument with him also on that. Then the appellant got his headquarters also changed and I also got transferred from Himachal to Bangalore. Now today I have received a summon from session court Himachal (which was sent to the school in Himachal and from there it has been forwarded through fax to Bangalore)to appear as a witness from the appellant's side.
My query is
1.Without my consent can the appellant give my name as witness as I was not witness to the incidence just an enquiry member from school side as usually it's the presiding officer who is called as a witness?
2. Can I send my statement through post as now I am transferred from Himachal to Bangalore N moreover I don't even remember the inquiry we did?
3. Most important I am of no use to the appellant if I go as witness I won't be able to testify in his favour?
4. If forced to attend the hearing who will pay for my travel expenses from Bangalore to Himachal and how can I claim it and what about my absence during that time am I supposed to take leave or I will be considered on leave.
5. Please advise.
SUDHIR CHANDRA THAKUR
27 January 2018 at 15:32
Respected experts. Namaskar. I have applied for housing loan. My house is under construction. Before sanctioned of the loan I have taken cash from my relatives for const of house. Now the housing loan has been sanctioned. How I prepare documents which is legal. Now in which process I will refund the credit money to that relatives. I am govt employee. Please advice me
T.N.REDDY
27 January 2018 at 15:23
Dear Sir,
Tran-2 is to be filed only in the case where deemed credit is asked for in Tran1, but not for the credit that is asked through the excise invoices, in trans-1. Whether my understanding is correct ?
T.N.REDDY
27 January 2018 at 15:20
Dear Sir,
Now, Govt. of India has made mandatory that every assessee should link his/her PAN with AAdhaar. But NRI's does not possess the Aadhaar, in that case, what to do ?. Whether Govt.Of India, has prescribed any other procedure for such category of assessee's
Neeraj Jha
27 January 2018 at 15:18
Hi,
Recently I bought a car through a third party who deals with Banks for loans and Car dealers, I got connected with him while I was searching best deal for car online.
I was delivered the car and everything was fine but I mistakenly sign the loan agreement documents without feeling it properly and interest rate and amount columns were left blank. The loan amount to be taken is 2 lac on 8.89% but later I came to know he filled it with 2.2 lac with 9.26% and this information I came to know by his own, I started quarrel with him then but at that time the loan amount was not disbursed.
So I made a call to bank customer care and requested to cancel the loan and in this regard I sent an email to customer care of bank also mentioning that if bank disburse any amount then I would not pay any single penny as EMI.
But Bank passed the loan and 2.2 lac rupees credited to the dealer's account. Now I have the proof that in well advance I intimated to bank not to disburse the amount.
Now, Am I legally bound to pay the EMI of the loan?? inspite of I already intimated bank to not pay out any amount to dealer.
Now the dealer telling that the prize was fixed 5.7 not 5.5 and he is telling lie.
I am ready to pay EMI according to 2 lac which is justified but not for 2.2 and with higher rate of interest also.
Please help.
T.N.REDDY
27 January 2018 at 15:16
Dear Sir,
We have deducted the TDS from the foreign entity which does not have the PAN. Now, we have to file the eTDS returns, but without PAN of the deductee, we can not file the eTDS returns, hence kindly let us know as to is there any other procedure laid down under the Act, in this regard.
SUDHIR CHANDRA THAKUR
27 January 2018 at 14:56
Respected experts. Namaskar. I have applied for housing loan. My house is under construction. Before sanctioned of the loan I have taken cash from my relatives for const of house. Now the housing loan has been sanctioned. How I prepare documents which is legal. Now in which process I will refund the credit money to that relatives. I am govt employee. Please advice me
Muralikrishna
27 January 2018 at 14:41
The brief facts of the compassionate grounds of appointment, which is temporarily stopped with the HC’s Injunction Order, is clearly discussed here under, and requested the forum experts to guide us with ur valuable suggestions :
After the death of the deceased employee, the daughter of the deceased ie., the petitioner approached the employer for compassionate appointment. Mean the time the illegitimate son entered for the same. And tampered the records and it was proved as tampered, in the court. The Court entitled only the death benefits as partially to the illegitimate son and to his mother, and issued the Succession Certificate only in favour of legally wedded wife and to her daughters.
Family Pension is granted to the favour of the petitioner’s mother (ie., legally wedded wife). All this issues clearly expressed to the employer and the petitioner further approached the employer. Then the employer issued a intimation letter to the Petitioner, and directed the petitioner to submit the Succession Certificate along with her original certificates like Study Certificates, NOCs etc., Petitioner handed over all her originals to the employer. Employer conducted the enquiry process also.
At that instance, the illegitimate son filed a WP in HC, seeking the compassionate appointment, and made the legally wedded wife and her daughters as co-respondents. Hence, the present petitioner also filed a WP in HC as she only the eligible for that appointment, and requested the HC to direct the employer not to appoint the illegitimate son (ie, who was not obtained the Succession). The HC issued an injunction order to stop the appointment, until the matter is proved. Now this issue is pending in HC since a decade.
Now and then the petitioner’s financial condition is in BPL. Years together she is awaiting for the employment. She failed to get any other employment also because she surrendered all her originals to the employer and She crossed about 45 years, still she is bachelor only hoping her employment.
The employer is simply saying ... the petition is in pending in the court, so we can’t do any thing at this instance. (under subjudice HRC also failed to render the justice in this issue).
Recently the illegitimate son, (who intentionally made disturbance in this employment issue) was expired (dead).
For appropriate, immediate relief what sort of procedure the petitioner (she) should follow ??
Hoping once again, experts may extend their valuable guidelines / suggestions in this concern.
MahendraKumar.H.Trivedi
27 January 2018 at 14:28
Sirs
Please help me and read even if you find repeated.
I am in a soup my lawyer , not accepting fees, not defending at crucial stage, not resigning officially, others not taking over as lawyer is very prominent and I am an outsider. With you advise I had the courage to go to court and get my case papers.
Your advice has been very helpful. As the status of case is changing I am seeking your advice in different thread,
My lawyer not resigning saying I will continue till you hire new lawyer.
Difficult to get the file also as he says I don't want fees.
It is a open and shut case but I need to give my evidence statement to court. Dates are moving fast at defendant stage. I am defendant. I need to act fast.
Some facts.
1. Suit Plot with possession with plaintiffs by virtue of transfer agreement of my late Poa. Suit was for title only under contract act. Possession with plaintiffs confirmed by plaintiffs filed in 2006.
2. Defendant,( me) sold the plot to third party actual possessor( fact hidden by plaintiffs) despite injunction in 2009.
Was not aware of injuction, CO defendant poa died in 2008.
3. Suit comes on board in 2013.
4. Plaintiffs file contempt application in 2015 and seek to amend plaint seeking cancelation of registration of 2009. Add possessors as new defendant and names them also contemner.
5.As contempt is time barred and as suit plot stands transferred since 2009.
I need to at least file my reply / evidence which lawyer is stymying.
Although repeated to the chagrin of some xperts, your advice has been very useful do far.
With Regards
MAHENDRAKUMAR H TRIVEDI
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Judgement
respects sirs,
i want to file case in the high court. i have to submit one document which i do not have original even i don't know how i got that documents. can i submit that document to court.
Please provide me the judgment as it is not material where ever i found that document.
Thanking you