S.B.adil rahman
14 June 2019 at 19:47
Whether the act of bigamy by a public without any Hindu rituals but registered under Special Marriage Act could end in dismissal of the public servant, if proved in disciplinary proceeding? Any safe guard to the dismissed employee or ruling of SC in such cases?
S.B.adil rahman
21 February 2019 at 22:07
I am engaged as a Defence Assistant for the delinquent in a departmental proceeding which is 2 years old. There are two prosecution witnesses. Out of which one officer in the rank of Assistant Commissioner of Police had denied any knowledge about the charges brought against my clients. The prime Prosecution Witness is an IPS officer whose posting is about 70 km away from Kolkata as S.P of particular district. When the said IPS officer was posted in Kolkata, the Enquiring Officer did not examine him as the prime prosecution witness no.1. The venue of alleged misconduct is Kolkata where the cause of action arose and is being inquired into by the E.O in Kolkata. Though the prosecution witness i.e. IPS officer visits Kolkata twice in a week but he is reluctant to face the inquiry and cross examination. The Disciplinary Authority was informed of his reluctance, when the Disciplinary Authority ordered the Enquiring Officer to change the venue of departmental proceeding from Kolkata to the place of posting of the IPS officer and examine/cross examine him in his SP office in a different town. In the meantime without knowledge of the delinquent or his defense assistant the E.O surreptitiously went to the office of the IPS officer to his town and examined him in absence of the delinquent and his Defence Assistant. The S.P has told to the Enquiring Officer to issue notice to the delinquent for going to the town where he is posted on a particular date. E.O has also not provided the copy of the examination in chief of the said IPS officer. I had sent a representation to the Enquiring Officer requesting him to use his power by issuing notice to the prosecution witness(I.P.S officer) under section 4 The Departmental Proceedings (Enforcement of Attendance of Witnesses and Production of Documents)Act 1973 (West Bengal Act XXIV of 1973 but the Enquiring Officer is so much terrified that instead of using his power, he has issued the notice to the delinquent to come to the office of the said SP for inquiry. I have protested in writing and personally believe that in this departmental proceeding the IPS officer on whose report the proceeding had been started with the help of his counterpart in Kolkata who is the Disciplinary Authority, wants to create a psychological pressure on the delinquent. Moreover, neither the department will provide any vehicle for to and from journey of the delinquent nor will give any Travelling Allowance to him. I would like to ask to my learned friends that when the cause of action has arisen in Kolkata and half departmental inquiry has taken place in Kolkata, then what is the legality of the notice issued to the delinquent ordering him to appear in the office of SP(erstwhile DCP in Kolkata)? Kindly guide or advice me as to what should be my role as an advocate/defence assistant of the delinquent? Can anyone provide me the rulings of courts in this regard. What should be an course of action and whether it should be placed in writing before the Disciplinary Authority of the delinquent(Who is directing the E.O from behind the curtain to take the venue to other city for holding inquiry) or should approach the Applicant Authority for his orders with request to change the E.O or issue direction upon the prime witness no.1 i.e. IPS officer.
Athi Vishal HD
01 May 2018 at 21:55
Everyone in this system are on women supporters.
Respected Sir/Madam, My wife has lost her memory completely, she is physically and mentally abnormal due to the side effect after outcome of suicide attempt(hanging herself). Now she is living with her parents. My in-laws filed a case against me u/s 498(A), case is under trail in court. All this happens in 2013.
They kept My twins girl childs from 2013 to for 2017.
In May 2017 they sent my childs to my custody.
I admited them in prestigious school by giving huge donation.
But on 28. 04.2018 they suddenly kidnaped my childs without my knowledge when I'm in off.
I complained PI ACP DCP CP but they all r rejected to file fir and asked me to go to family court .
But as per my knowledge and knowledge obtained from LCI (lot of thnx to LCI experts) it is 100 percent cognizable.
If I go to family court it will take some time to get my chins.
Pl guide me wt shud I do next.
1. Pvt Complaint in court ? Or
2. Habeus corpus or
3. Put case in family court?
Or all of them ? Pl guide me
Consumer Complainant
01 May 2018 at 16:45
Respected Sirs and Madams,
I have been defamed in an affidavit filed by the OP party who is a Law College in Bangalore City in a Consumer Forum case against the college which I filed stating deficiency of service as college never started the classes and only took money,
The false allegations in the affidavit which the opposite party college authorities are baseless and the opposite parties have not provided any proof of the same.
When asked to the consumer fora president, he has told to file a criminal complaint in regular court regarding the false accusations made in the affidavit.
I have enquired with many advocates in Bangalore.
What they say is:
HOW CAN WE FILE A CASE AGAINST OUR OWN PEOPLE?
WE CANNOT MAKE THE COLLEGE AUTHORITIES CLIMB INTO WITNESS BOX AND CROSS EXAMINE.
SOME ADVOCATES SIMPLY REFUSED HEARING THE NAME OF THE COLLEGE.
SOME ADVOCATES SUGGESTED I FILE THE CASE MYSELF AND FIGHT IT.
In this case would it be advisable for me to publish an advertisement stating the above asking any advocate to take up my case in local newspaper?
Is this the only reason advocates not willing to take up my case? Do not advocates really want to help me get justice??
Any inputs and solutions will be of much help from LD ADVOCATES and Alike.
S.B.adil rahman
20 April 2018 at 21:36
I am confused so this question. Whether for exemption of husband from appearing personally to face the proceedings under section 125 Cr.PC before the Magistrate in Kolkata (after traveling from Lucknow where he works) , application to the Magistrate should be filed u/s 205 Cr.PC or u/s 126(2) Cr.PC. Kindly guide as to which one would be better?
Fateh
18 December 2017 at 14:08
Can a wife claim on husbands property and pension after getting divorce on mutual consent. Even if she has received money as one time settlement.
Is there any court order which stops wife for such claims
Anonymous
17 December 2017 at 11:38
I have filed following cases against my husband u/s 498A/406/420/120B/500/506/34 of the IPC and S 4 of D. P. Act. His bail is rejected from lower court as well as high court. Now, the office of the lower court has manipulated and issued a bailable warrant instead of bailable warrant to delay the process and is unnecessarily delaying the process of his arrest. Please suggest what can be done to expedite this process.
akanksha pali
17 December 2017 at 02:03
Dear sir/mam,
My father was a lecturer in govt inter college and got retired on 31 March 2017.10 years ago,my father filled a case in Allahabad High Court regarding his promotion.After so many years our case has not finalized.The lawyer that we hired,has not done anything to case and has taken the fees already.Now the condition is that if we call him to know the status of our case,he always says that your case is finalized,only judge's signature is left and demand more money to put the case in front of judge.One day he even started abusing us and said if we ever called him again he'll never finalize our case.please help us what should we do now
Anonymous
16 December 2017 at 22:13
Dear Sir,
I am preparing for UPSC.
Sections 506 and 509 were filed on me due to some love issues. I went to court for 5 trails and later we have compromised, case was closed in 2013. Hear I have two questions.
1. Do I need to mention about this while applying for UPSC?( Case was not filed in my Hometown/ District)
2. Am I eligible for IAS, IPS and IFS?
Thanks for your support.
Member Strength 9,46,698 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Preponderance of probability of electronic evidence
Whether in a disciplinary proceeding an electronic evidence of the prosecution without any certificate u/s 65 B of the Evidence Act or the original instrument from where it was copied can be relied as a proof of misconduct of employee under the doctrine of the preponderance of probability? If not so then what are the parameters to prove the electronic evidence in a disciplinary proceeding. I am finding no judgment on the admissibility of the electronic evidence in a disciplinary proceeding on the basis of the preponderance of the probability. Experts to kindly resolve the problem based on settled laws.