Aaqib Ansari
28 October 2022 at 12:15
Attaching the problem as below: In the village of Mylapore in Tamil Nadu there is an eminent businessman turned politician Rahul Raghuvanshi. He has been elected to Tamil Nadu assembly successfully 3 consecutive times. Rahul a management graduate from Annamalai University was an active student in Youth Politics. He was The President of Janata Morcha Youth wing and thereafter he joined Janata Morcha, he held several posts within the party and at a young age of 31 became MLA. Rahul is a 2nd generation politician and son of renowned industrialist Bhargav Raghuvanshi, Shri Raghav Raghuvanshi has been a 2 times MLA and 3 times MP from Mylapore constituency, he also held the portfolio of Minister for Urban Development when Janata Morcha was in power in 1987.Rahul Raghuvanshi being an Industrialist owned several factories which had huge manpower and Trade unions with political affiliation. Rahul after procuring a degree in management from Annamalai University chose to pursue his family business, in the course of his business he had to grapple with many problems relating to workforce such as absenteeism, low productivity, and acrimonious disputes as the trade unions had differences within themselves. A strike broke out in Mr. Raghuvanshi’s factory on account of denial of bonus and incentives. There was labour unrest, sloganeering and chaos. The Trade Union Leader Babu Shankar was affiliated to Samaj Saghatan the party which was in the opposition and arch rival of Janata Morcha the Party in power. Rahul Raghuvanshi was in a fix and catch 22 situation as the labourers besieged the bunglow of Rahul Raghuvanshi at the behest of Babu Shankar on account of political rivalry there was wide media coverage of the issue. On the 2nd February, 2012 situation was extremely turbulent hence the local police imposed Section 144 of Cr.PC and also detained a few labourers U/S 151 of Cr.PC. The detention of many labourers exceeded the prescribed time ordained by Cr.PC. As Rahul Raghuvanshi used his clout and influence to suppress the agitation, the family member of a worker filed a Habeas Corpus petition on 6th February, 2012 Under Article 226 and 227 of Chennai High Court challenging the detention of several workers and also claimed compensation. The Chennai Bench consisting of Chief justice allowed the petition and gave relief to the prayers of the petitioners and also awarded compensation. The Trade Union leader Babu Shankar urged the leader of opposition in Tamil Nadu assembly to broach a debate on Rahul Raghuvanshi’s undue influence and causing loss to poor labourers. This led to furor in the Assembly demanding resignation of Rahul Raghuvanshi was the post of standing committee for Education and Environment. Rahul Raghuvanshi did not relent. This lead to social unrest and there were protest marches across the city, agitation which led to Gheraos and Bandhs. The Home minister tried to control the situation with Rapid Action Force and Local constabulary. In the course of this chaos Rahul Raghuvanshi made a public speech at Tradulai Swamy stadium on 14th May 2012 in the course of his speech he called the agitators of Samaj Sanghtans as ‘wild creatures’ and urged the Janata Morcha workers to give a ‘fitting reply’ to the protesters. This caused a furor and there was law and order problem which resulted in casualties and damage to property. Rahul Raghuvanshi was held responsible for whatever transpired and he was compelled to resign from the committees he was part of and the portfolio he held. There was round the clock coverage of the incidents of violence by the media. The opposition demanded an inquiry of the incidents and insisted on setting up a commission. A Commission was constituted in August, 2012 by the Ruling Party i.e Janata Morcha under the auspices of retired judge, Justice Vishwanath to enquire and investigate into this matter. The commission submitted its report before the House on 17th August, 2013 of the incidents of February, 2012.There was elections hence the commission report was debated fiercely then kept in abeyance. Samaj Sanghatan captured Power and Muthuswamy Nair became the Chief Minister in 21 December 2013 and the commission report was again debated with disruptions in the House. The speech delivered by Rahul Raghuvanshi was regarded as a hate speech causing enmity between two communities hence he was booked under sec 153 A of IPC for which Punishment in 3 years, after a lot of pandemonium the Commission report was implemented on 31st December, 2013. The home minister demanded arrest of Rahul Raghuvanshi and Rahul Raghuvanshi was arrested and produced before magistrate on 11th January 2014. The magistrate took cognizance of the complaint and convicted Rahul Raghu Vanshi for 3 years imprisonment. The order was challenged in court of sessions/district court, in May, 2015 the order was upheld and eventually it was challenged in Chennai High Court. The High Court admitted the appeal and overruled conviction on 16th November, 2015 of Rahul Raghuvanshi and found that lower courts made gross error in passing such orders. State challenged the High Court order of acquittal in the Supreme Court of India. Issues 1) Is he said appeal maintainable in the Supreme Court? 2) Is the High court justified in setting aside the session court’s order? 3) Does the case have anything pertaining to limitation act or has time barred as per the relevant legal provisions? 4) Is sanction required for prosecution of Rahul Raghuvanshi as he is member of state assembly? 5) Is the government bound by the findings of Justice Viswanathan commission as regards its implementation or not?
Anonymous
28 October 2022 at 12:13
I gave an interview recently and after that I got an email with a list of documents the company requires, before giving me an offer letter. In that list is a requirement for Police Verification. I communicated with the company to provide me with a letter stating that the company requires a Police Verification. The HR said, it is company policy that they will not be issuing any letter on their letterhead for a person who is not an employee.
The Police require a letter from the company asking for a Police verification(compulsory document, even mentioned on the website), but the company is refusing to give a letter on the basis that it has not yet given me an offer letter.
I have 2 questions...
1. Can a Police Verification be done without a letter from the Company hiring? Is there anything called a Police verification on an individual basis(the HR emailed me telling me I should do this, even though the website for Police Verification does not have an option for this)?
2. What alternative if any exists?
I have read through a few documents and I cannot find a way out. Requesting your help.
rama gopalkrishnan
28 October 2022 at 09:36
Our Society had received refund from Municipal Corporation Greater Mumbai in the year 2016 with interest.
Our Secretary and Chairman have been harassing few members and we have not received our Property Tax Refund till date.
Recently a new Committee has been formed who have been working on this and have promised to give our Property Tax Refund but, WITHOUT intetest.
After 7 years we may be getting our Refund now. How will we accept without interest? Society has intentionally held our monies and they have been earning interest on our monies retained in the form of FDs as Society cannot hold Cash.
The new Secretary says there is no provision in the Bye-laws to give our interest.
Bye-laws will never mention about how to misappropriate other's funds and how not to pay interest.
It's our hard earned monies and how can we bear this loss? Why should Society retain our interest? Please advise what has to be done.
Thank you.
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Nagarajan
28 October 2022 at 08:26
I was married in 2016. Wife left to her mother's home for delivery in Nov 2017. Thereafter I filed restitution for conjugal rights in April 2018 after child was born in Feb 2018. Wife filed private complaint to Judicial magistrate under CrPC 156(3) and upon orders FIR was registered on me and my parents. Criminal charges under 498a/406/506(2) was framed in Aug 2019. Thereafter she filed Maintenance under CrPC 125 in 2020 and same is pending. Meanwhile, I not pressed the restitution for conjugal rights as the situation was not encouraging to continue married life with her. Now in 2022, the criminal case trial was completed and we were acquitted. After which I have filed a divorce case under section 13 (1) & 13 (2) under HMA. Now after all these my wife filed DV case against in the same court where the criminal trial was conducted. How to handle this situation?
Is section 300 CrPC applicable for the same incidents. One is criminal charges under 498a/406/506(2) and being acquitted. Another new DV case upon same incidents.
Please suggest way out of this repeated litigations
Anonymous
27 October 2022 at 20:22
Sir,
I want to take divorce what are the step should i have to follow before processing.
Anonymous
27 October 2022 at 18:37
Hello lawyers the plot I live in was purchased along with a colleague who sold it last year. Now the new residents are asking us for NOC but my mother refused as we dont know of their income source.
So they came at our house and threatened my mother saying they would demolish a part of our house and they are claiming that we have encorached the land. The wall is not built yet and we have only made a temporary boundary of barbed wires they are refusing the intervention of revenue department. Also their sale deed is in the name of another (father)and 7/12 in the name of another (the son and one other person) is it possible in maharashtra. What should we do?
Anonymous
27 October 2022 at 10:50
Respected sir/madam,
A case was registered against my older uncle, his two sons, my father, me and my minor brother ( 15years) on the complaint of my younger uncle under sec.341, sec.323, sec.325.
In charge sheet police didn't find case true against me and my brother and other four persons got police bail. No one was ever arrested.
But, SDPO recommended everyone and cognizance has been against all six people.
In appearance stage, (before trial can start), my younger uncle filed to withdraw the case and case was closed within a month of his mercy petition.
Have you ever been prosecuted ?
What should I write, Yes or No ?
Thanks.
Anonymous
26 October 2022 at 18:18
My apartment MC wants to incur Rs 25 Lakhs for STP/WTP plants repair works and replacing the parts. It's been 4 years since the first installed and a few services were done in the past. It's working well in the senses that the flush water is fairly good and uninterrupted. There's been no issues so far but our Management Committee (MC) insists to do without owners approval. What's the procedure to get this done by MC
Please advise
Nagraj K V
26 October 2022 at 16:41
Have purchased a property in August 2021 in Hyderabad and on request of the seller allowed him to stay in the property for one year on rental basis. Now in the month of August 2022, the seller has vacated the house and his parents are not vacating the house in pretext of dispute between the seller and his parents.
They inturn are demanding money either from us or his son to vacate the house. the seller is showing his inability to vacate the house as parents has lodged criminal complaint against him.
Police are not filing any case and are telling that this is a civil matter and we have to go to court.
Please suggest if we have to file eviction suit as the seller has paid rent from August 2021 to August 2022 or suit for possession of property. Can i file criminal case against parents and son as i feel they are doing it purposefully.
Further they are from SC/ST Community and threating us with filing of case under atrocities of SC/ST.
Its more that 3 months now and i am not getting any solution as to how to deal with these aggressive people
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Look out circular cancellantion
Hi. I have an FIR in my name under prohibition of dowry harassment 498a. For this, there was an LOC issued and I was caught at the Hyderabad airport when I was returning from Dubai. I was handed over to the respective police station and got station bail on the same day. Now after 90days FIR logged against me was closed. Later, I checked with the police station and they are orally confirming that they have sent an application from district SP office to Delhi to Cancel the LOC. Now, I have to travel back to abroad and I am not sure is that mandatory to have LOC cancellation letter with me while boarding in Airport. Request an expert suggestion on this. Thanks and advance.