Ranbir
22 November 2016 at 20:44
Dear sir
If a person files a FIR in the concerned police station and gives the copy regarding same to the concerned SDPO and the SP of the district but no step is taken from the police what are the legal rights of that person for his safety
ASHWANI GAGNEJA
22 November 2016 at 20:20
As per instructions by expert R.K. Nanda,I am stating detailed facts. I have filed a recovery suit against a Gurgaon based company in 2001, in Tees Hazari Court. The defendant filed Written Statement without any authority by Board Resolution.At the cross examination their representative carry any P.O.A and told the court that he will submit it later, which he never did.
Both my lawyer & Judge ignored. Now the case is in arguments stage.
1. Can we raise this point & can the ex-party proceeding can be initiated against defendant.
2. If not, there is a doubt of the bar of limitation as the last bill comes under limitation time but is on plain paper & is un receipted but never acknowledged or disputed by the Defendant
Thanks
Ashwani Gagneja
sachin
22 November 2016 at 20:01
No.36012/11/2016-EStt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel and Training
North Block, New Delhi 110001
Dated the 30th September 2016
OFFICE MEMORANDUM
Subject: Contempt petition (C) NO-314/2016 in SLP (C) N,o.4831/2012-Samta Andolan Samiti through its President vs. Sanjay Kothari & Ors.
Reference: 1. SLP(C) No.30621/2011
2. SLP(C) No.31735/2011
3. SLP(C) No. 35000/2011
4. SLP(C) No. 2839/2012
5. SLP(C) No.4831/2012
6. SLP(C) No.5859/2012
7. SLP(C) No.5860/2012
8. SLP(C) No.30841/2012
9. SLP(C) N0.6915/2014
10. SLP(C) No.8327/2014
11. SLP(C) No.16710-16711/2014
12. SLP(C) No.23344/2014
13. SLP(C) No.23339-23340/2014
14. SLP(C) No.21343/2015
15. SLP(C) No.33163/2014
16. Contempt Petition (C) No.314/2016 in SLP (C) No.4831/2012
The undersigned is directed to invite attention to this Departments 0M. No.36012/45/2005-Estt (Res) dated 10th August, 2010 (copy enclosed) on the subject reservation in promotion — treatment of SC/ST candidates promoted on their own merit
2. The OM No.36012/45/2005-EStt(Res), dated 10.8.2010 was challenged in the High Court of Punjab & Haryana in CWP No.13218/2009 [Shri Lachhmi Narain Gupta & Ors Vs Jarnail Singh & Ors ] The Hon’ble High Court Punjab & Haryana vide its judgment dated 15.7.2011 quashed the O.M dated 10.8.2010.
3. Against the Order of the Hon’ble Punjab and Haryana High Court dated 15.7.2011, an SLP was filed by Jarnail Singh & Ors. The Union of India through Department of Revenue also filed SLP No.6915/2014 in this case.
4. The Hon’ble Supreme Court vide order dated 03.02.2015 passed the following interim order In SLP No.30621/011- Jarnail Singh & Ors. Vs Lachmi Narain Gupta & Ors:-
“Let the matter be listed in the second week of March 2015 on a non- miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.
3. Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued. The matter came up for hearing on 29.9.2016 before the Apex Court.
4. In order to preclude any interim order in the contempt case, as desired by the Honble Supreme Court. the Learned Solicitor General has undertaken that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010.
5.In the light of the above, till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.The main matter along with the contempt petition is likely to be taken up for hearing on 22.11.2016.
6. These instructions may be brought to the notice of all concerned for information and necessary action.
sd/-
(G. Srinivasan)
Deputy Secretary
No.36012/45/2005-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi- 110001.
Dated the 10 thAugust, 2010
OFFICE MEMORANDUM
Subject: Reservation in promotion — Treatment of SC/ST candidates
promoted on their own merit.
The undersigned is directed to refer to this Department's
O.M.No.36028/17/2001-Estt. (Res.) dated 11 thJuly, 2002 which clarified
that SC/ ST candidates appointed by promotion on their own merit and not
owing to reservation or relaxation of qualifications will be adjusted against
un-reserved points of the reservation roster and not against reserved points.
It was subsequently clarified by this Department's O.M. No.36028/17/2001-
Estt. (Res.) dated 31.1.2005 that the above referred O.M. took effect from
11.7.2002 and that concept of own merit did not apply to the promotions
made by non-selection method.
2. Central Administration Tribunal, Madras Bench in O.A. No.900/2005
[S. Kalugasalamoorthy v/s. Union of India & Others] has set aside the O.M.
No.36028/17/2001-Estt. (Res.) dated 31.1.2005 and held that when a person
is selected on the basis of his own seniority, the scope of considering and
counting him against quota reserved for SCs does not arise. The High
Court of judicature at Madras in the matter of UOI v/s.
S. Kalugasalamoorthy [ WP No.15926/2007 ] has upheld the decision of the
Central Administrative Tribunal.
3. The matter has been examined in the light of the above referred
judgments and it has been decided to withdraw O.M. No. 36028/17/2001-
Estt. (Res.) dated 31.1.2005 referred to above. It is clarified that SC/ST
candidates appointed by promotion on their own merit and seniority and not
owing to reservation or relaxation of qualifications will be adjusted against
unreserved points of reservation roster, irrespective of the fact whether the
promotion is made by selection method or non-selection method. These orders will take effect from 2.7.1997. the date on which post based
reservation was introduced,
4. These instructions may be brought to the notice of all concerned.
(K.G. Verma )
Director
I WANT TO KNOW WHAT DOES THIS ORDER SAYS AS I AM NOT ABLE UNDERSTAND THIS LEGAL ORDER I SHALL BE GREATFUL IF YOU ALL EXPERTS GIVES THE ANSWER IN EASY TO UNDERSTAND LANGUAGE WHAT THIS ORDER HOLDS
THANKS
Jyot
22 November 2016 at 19:58
Petitioner has filed divorce through POA holder under cruelty ground. Respondent has filed written statement and requested mediation procedure from court. Court has referred the matter to mediation. On mediation date, petitioner was appeared through power of attorney holder and respondent appeared in person. On mediation date, Mediator has reported that he/she knows the petitioner, so he/she cannot do mediation. Then, on court date, respondent and his advocate presented and No one was present from petitioner side. On court date, the report of mediation center was not received by family court from mediation centre. On court date, Hon. Judge has framed issues and Hon. Judge told orally that the mediation centre would arrange other mediator for mediation for parties. In Rojkam (Roznama) it is mentioned that,” respondent and his advocate are present and no one is present from petitioner side. The issues have been framed; the next proceeding of the suit is on mediation report and on the stage of petitioner’s evidences”.
Que-1: Can Judge frame issues and direct the court procedure to petitioner’s evidence without completion / failure of Mediation procedure?
QUE-2: If no, then what respondent can do on next court date?
Que-3: What respondent can do on next court date, if P.O.A. holder /advocate of the petitioner tries to file petitioner’s evidences, though respondent wants to complete mediation procedure with petitioner in person?
Saloni
22 November 2016 at 19:36
Dear. Sir/mam
I. Am a girl. My age is 22 years old. Im in love with a boy who is 28 years old. We both live in same society. Can we do marrige with Arya samaj. Is it valid if we do marrige in March 2017. And if do in indore m.p.
ASHWANI GAGNEJA
22 November 2016 at 19:31
As per instructions by expert R.K. Nanda,I am stating detailed facts. I have filed a recovery suit against a Gurgaon based company in 2001, in Tees Hazari Court. The defendant filed Written Statement without any authority by Board Resolution.At the cross examination their representative carry any P.O.A and told the court that he will submit it later, which he never did.
Both my lawyer & Judge ignored. Now the case is in arguments stage.
1. Can we raise this point & can the ex-party proceeding can be initiated against defendant.
2. If not, there is a doubt of the bar of limitation as the last bill comes under limitation time but is on plain paper & is un receipted but never acknowledged or disputed by the Defendant
Thanks
Ashwani Gagneja
aananth
22 November 2016 at 19:14
Dear Expert
I want to buy a house property (Land and single storey) in Tamilnadu 3rd grade municipal area. The agreement is to buy the property in February 2017 for a consideration of Rs 10 lac. Agreement will be effected in November 2016. As per current legal position how much money I can pay in advance and the balance I can directly pay him until February 2017 and proceed. Kindly guide me.
Ankit
22 November 2016 at 18:51
A misc. revision petition is filed in Uttarakhand High Court against order passed by District court by the opposite party which got admitted. Now I am respondent in the said RP and I want to fight the same myself in person. What will be the procedure of the same? I am living in a different city so can I visit High Court on the date of hearing or shall I visit their earlier also for the proceedings of completing the procedure of fighting case in person.
haritha
22 November 2016 at 17:43
For my case, I am going to make a party in person for a writ petition seeking the order to direct the police & the accused's company who sent him to foreign to bring him back as the FIR proceedings are under process.
Please guide me what needs to be done from myside.& any draft version for this petition.
Thanks.
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Ab ordered
I got AB for my FIR in Sessions court. The order says "Anticipatory bail is granted wrt to crime no.". It doesnt say anything about that we A1,2,3 should appear in person to sign in any police stations. So i feel i am fleed from this case as of now.
Also charge sheet is pending & i heard that defecto complainant is yet to submit the documents for witness & any documents. I guess they wont turn up to provide all.
Can I free myself from this case thoughts?
Pls suggest me.