T.P.Shukla
25 August 2017 at 23:34
Whether a writ can be filed in high court if order of an authority is void and initio but the issue has not been raised in civil appeal before tribunal and high court and civil petition has been dismissed
Ashok K Gupta
25 August 2017 at 21:54
I am a confirmed employee (after completing the requisite period of probation) of autonomous body (AB) under MHRD. I have forwarded my candidature for selection in other AB against their advertisement through proper channel. While forwarding my application, my employer stated that "in case of your selection, you will have to resign from the post you are holding", which is written for administrative reasons as per OM No. 28020/1/2010-Estt.(C). The consolidated instruction is available on http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/28020_1_2010-Estt.C-17082016B.pdf.
Now upon my selection I have tendered my resignation with the request to grant me lien (As learnt it is a right, which is enjoyed by all the confirmed employees), but my employer citing the reason of manpower crunch is denying granting me lien. As I could learn, serving an institute with 6+ years, an employee's loyalty needs to be paid better way and that's why the GoI have framed policies for service matter. Most of the times, these service matters are followed properly by all the ABs, but there are some who enjoys the authority of misinterpreting the same. Coming straight to my query, I may like to put the same as under
"Whether an autonomous body (which follows the rules of government on all service matter) has the discretion to not grant lien to its confirmed employee upon his selection in other autonomous body for higher post. Can really granting lien be denied by the institute citing the crunch of staff? Is it not a violation of fundamental right?
I believe such discretion has been given to the ABs with the aim to look for the welfare of the employee as well as other stakeholders, not to harass the employees.
It would be of immense help, if you could enlighten me with the positions so that I can have some peace of mind.
Looking forward to receiving valued input from the expert in the area.
Ankit
25 August 2017 at 20:48
I am petitioner in civil case in the court of Civil Judge Junior Division . In the case evidence of one witness is complete and almost done for second witness. The evidences were going against the defendant so defendant filed an application for amendment in his cross pleading( jawab dawa).
Judge passed an interim order and allowed his application for amendment under order 6 rule 17.
Now I want to go for revision, so where can I file the revision District Judge or High Court?
santosh kumar
25 August 2017 at 19:57
Sir, I have purchased a land but I am unble to get record my name in mutation because seller sold his inherited land means his mother,s land ,when I demand for legal heir ,he ignored me. Now what can I do to get mutation done???
kishore patel
25 August 2017 at 18:54
Our landlord is a Trust. Property is in Mumbai. The Trustees have been randomly transferring premises without entering and registering Tri party Agreement and thus pocketing the huge Transfer Amount without showing it in trust account/income. Apart from Charity Commissioner, which are the other Government Authority offices with whom a beneficiary can file a complaint against such unregistered transfer of Tenancy?
nishant
25 August 2017 at 18:51
Hi Around 1 year back i resigned from my organisation and the notice period over there is 3 months. i served 45 days notice period and remaining 45 days will be settled by money they told me for next 45 days you have to give Rs 40300 to get the reliving letter, but i was not in a position to give money at that time , i told them that i will give money later when i have. In between i joined an organisation and told them i dont have relieving letter, they are ok with that so i joined , now i have money and i am ready to pay the full amount but HR team is saying your case is closed we can not give you reliving document...is this legal or is their any way that i can get my reliving letter, please help i dont wont to ruin my 3 year experience, i need to join new organisation on 31st Aug 2017 please help me.
akumar
25 August 2017 at 18:29
Respected Experts,
As it is not group for information, however i have an query about Rape case. Experts can you reply on it.
1) After punishment from a lower court, can a rapist go to high court against order of lower court.
2) can he apply for a bale during trial in the high court.
Please reply.
Rgds,
Amit Kumar
Anonymous
25 August 2017 at 16:48
MY DAD was forced to SIGN the MOU while i was in police custody in ipc 498a .my wife had taken cheque from my father as alimony and maintenance .mou is an understanding between my dad and her dad (in law) . i have not signed the MOU. The MOU WAS SIGNED UNDER INFLUENCE . MCD HAD TO BE FILED / FIR HAD TO BE QUASHED . BUT WIFE DIDNOT APPROACH FOR QUASHING NEITHER I WENT FOR MCD AS THE MOU WAS SIGNED BY MY DAD AND NOT BY ME NOR DID THEY FILE FOR MUTUAL DIVORCE. STOP PAYMENT OF CHEQUE DONE , NOW NI 138 APPEARENCE SUMMON . WILL IT ATTRACT NI 138 OR CAN MOU BE TAKEN FOR LEGALLY ENFORCEABLE DEBT OR LIABILITY . I (HUSBAND) HAS SIGNED NO MOU / NEITHER ANY MAINTENANCE OR ALIMONY SIGNED BY ME. NEITHER ANY ALIMONY HAS BEEN GRANTED BY COURT . THE ALIMONY HERE IS DECIDED BY THE WIFE FAMILY AND UNDER DUERESS TOOK CHEQUE FROM DAD WHEN I WAS IN CUSTODY. . I HAVE FILED FOR SECTION 13-A AS WELL AS FOR EXTORTION / THEFT / ROBBERY / FORGERY ON HER AND HER DAD AFTER I WAS RELEASED ON BAIL 2 MONTHS BACK , COGNIZANCE TAKEN , THEY APPEARED . I REQUEST FOR SUPERIOR AND EXPERTISE GUIDANCE REGARDING CHEQUE BOUNCE CASE .
Alihd
25 August 2017 at 16:27
Hi, I am looking at this property for purchase.
the present owner is living for more than 10 years, the documents are valid on his name.
1 issue in the documents is that when the present owner (Mr B) bought the property from the previous owner (Mr A), mr B registered the sale deed, but the GPA at the time was unregistered.
What would be the advise.
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Is GST applicable on amenities of flat
Dear sir/madam ,
I had purchased flat in Nagpur last year, basic price is Rs. 26,19,000/-
I had Disbursed amt 25,00,000/ including service tax and vat (5.5%) , remaining amt will be paid on during possession , he also charged me amenities of amt Rs. 300,000/- ,and he had not mention any service tax on quotation on amenities,but now he is charging me 12% GST on amenities. I m refusing to give that extra charge. If there is no service tax on amenities thn y builder forcing me to pay GST .
Please suggest , if any GR is regarding this issue please provide