Pritam singh
31 March 2016 at 23:28
I have techanicaly resigned from central govt job and joined newly converted central govt dept to cpsu having central govt ruling. All old absorbed extended the benefits of central govt while mine is not given. Can I claim central govt benefits like others. At the time of notification cpsu was fully under central govt rule. Even pay scale was in CDA. PL advice how to claim the benefits
deshpande
31 March 2016 at 20:05
Respected sir,
My wife filed dvc along with 498a case around a year back. I am presently living in Dubai.
In 498a case court has given me permission (order) to go and work this happend around 6 months back
Mean while, in dvc around 8 months back my wife has taken exparte order as I was not able to attend the court proceeding. Immediately (2 months from the order) I have appealed in sessions court against exparte order.
After several hearings court has dismissed my petition of setting aside exparte order stating they cannot interfere till the final order from family court.
Now, can experts advice what should be done at this present juncture in my dvc case.
Also , I would like to inform you all that my wife is a central govt employee and I have all the proofs , but I am not able to show this in the family court as I am exparte in dvc case.
Also, I would like to inform the experts that in 498 a case is almost in the closing stage , cross examination is already done, my wife is now telling court that she want to stay with me .
I am now planning to approach Hyderabad high court in my dvc case against expart order. Request experts guidance in it.
Regards
Deshpande
bhaskararao donepudi
31 March 2016 at 19:51
sir
i sold an agricultural land cost of Rs 700000-00, but i received 1050000-00 as per market rate, i deposited the amount in saving account. how tax liability imposed on us.
sreeram
31 March 2016 at 19:49
Hi Sir,
We are two brothers and we have two portions building. we have constructed building in 2009 with taking 10L loan from a bank.
the property is in my brothers name (to get loan) and now he is refusing to give my part, and he is not repaying loan from past 3 years (2012 on words). now the bank people came and asking to repay or they will go to auction.
while dividing our propertys we wrote one mutual 100rs stamp paper agreement to register property my name and the validity he putted 31-12-2012 but he didn't, again we met with a set of people and made agreement in white paper with witnesses.now he is in abroad and he not replying me and bank people.
Questions:
1) what all are the possibilities i can get my 1/2 portion in the house?
2 ) how to stop the bank auction?
3) is the white paper or 100rs stamp paper will work to get my part of property?
4) if auction held after deduction of loan amount the remaining amount will go to whom?
5) can my mother can do any thing to prevent auction or fight for share?
Thanks in advance.
Thanks & Regards,
Sreeram.
Pradeep
31 March 2016 at 19:33
Respected Sir,
Can husband give evidence in place of his wife in property related cases where civil case is filed against his wife.
pooja
31 March 2016 at 19:02
Meri shadi ko abhi 1saal bhi nhi hua h or hum dono k bich me itni problem a gyi hai vo mujhe har choti bat par marte h mujhe Jaan se maarne ki dhamki dete h ya vo khud apne apko Jaan se Marne ki dhamki dete h or kai bar unhone mera gala dbane ki koshish bhi ki hai or kabhi hum dono ke bich sab normal ho jata h mujhe samjh nhi ata me kya kru
Plz mjhe kuch suggestion dijiye mujhe kya krna chahiye
Rakesh
31 March 2016 at 18:25
Planning to start a eCommerce website where everyone can post to rent any of there personal products like cars,cameras,books,charging lights and everything no limitations anything can be posted for rent directly to the end users, end users who need the products for rent can directly get in touch with the owner and continue the deal, payment is also directly to the owner and end user
Please suggest if there would laws that we shouldn't go with this sort of website?
Rajesh Tandon
31 March 2016 at 17:46
An article on CRIMINAL MISCONDUCT U/S 13(1)(d) OF PREVENTION OF CORRUPTION ACT 1988 was posted on the lawyer club of India in the year 2009 by Mr AEJAZ AHMED.
2. In this article following was brought out :-
The Supreme Court in the case of Union of India Vs. K.K.Dawan AIR 1993 SC 1478 has mentioned the circumstances under which an inference can be drawn for initiating prosecution for the offences under Clause (iii) of Sec. 13(1)(d) of Prevention of Corruption Act 1988. They are as follows:
i) Where the Officer had acted in a manner as would reflect on his reputation for integrity or good faith or devotion to duty.
ii) If there is a prima facie material to show recklessness or misconduct in the discharge of his duty;
iii) If he has acted in a manner which is unbecoming of a Government Servant.
iv) If he had acted negligently or that he omitted the prescribed conditions which are essential for the exercise of the statutory powers;
v) If he had acted in order to unduly favour a party; and
vi) If he had been actuated by a corrupt motive however small the bribe may be.
The Supreme Court further observed that they are not exhaustive and only illustrative. In this connection, it can be further considered to make use of this Clause (iii) in a wider sense whenever it is found that the evidence is not sufficient to attract the offence under clause (I) and (ii) of Sec.13 (1)(d) of P.C. Act 1988.
Abuse has to be inferred from the following circumstances:
(a) Absence of power; (b) Exceeding jurisdiction, (c) Irrelevant consideration; (d) Leaving out relevant consideration, (e) Mixed consideration; (f) Malafide; (g) Improper performance; (h) Colourable exercise of power; (i) Non-observance of natural justice, and (j) Unreasonableness.
3. Taking clue from this article and similar reference of Union of India Vs. K.K.DawanAIR1993SC1478on http://bharatkalyan97.blogspot.in especially assuming that whatever reference of the Supreme Court decision has been given must be correct, I reported a matter about a public servant for investigations by CBC/CBI public police as per the CVC manual on the lines of the The Supreme Court in the case of Union of India Vs. K.K.Dawan AIR 1993 SC 1478 but subsequently when I could obtain the copy of the judgement through the Internet which was earlier not available, I found that nowhere in the said judgement the circumstances for drawing the inference initiating prosecution for the offences under Clause (iii) of Sec. 13(1)(d) of Prevention of Corruption Act 1988 has been mentioned. In fact these are the circumstances for initiating disciplinary proceedings as per CCS rules.
4. Could some body guide me as to how experts on this forum have concluded that these are the circumstances for initiating the prosecution for the offence under clause(iii) of sec 13(1) (d) of prevention of corruption act 1988. I would be extremely grateful for an early reply from the forum, otherwise my position would be taken as quoting a wrong judgement, since in the matter of complaint there were no direct evidence of taking the bribe for the matter of corruption. However, conditions i) to v) of the said judgement are being met.
The link for downloading jugdement(12pages in PDF format) in the case of Union of India Vs. K.K.Dawan AIR1993SC1478 is https://indiankanoon.org/doc/868781/
sorry attachment of judgement in PDF was not possible.
manishkumar
31 March 2016 at 17:21
Sir, in the 3rd year of my college I bought a mobile phone from olx and after using it for some days I came to know that it was stolen and the real owner of the phone came to my home with police we returned him money and his phone and took it written from him that he has taken back his FIR and want no further proceeding's and case was sorted out ,but after a period of about 6 months I have received a summon from the court about my presence on the mentioned date for enquiry before the megistrate.And the case is registered unde Delhi police act 103 . I want to know that what I can do regarding this ,I am in my final year of my graduation and preparing for civil services , will it affect my future, will I be eligible for government services?
Please do resolve this query asap as I am going into depression day by day.
P.s. I have never been imprisoned or detained, and I also checked online , there is no FIR lodged against me in any police station.
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