Sudhir Kumar, Advocate's Expert Profile

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MAAJIS says : RIGHT'S OF THE COOPERATIVE REGISTER
Do any of the cooperative register head in charge have the decision or power's alone to set up a joint memo in the court for the civil suit settlement when there are no elected members or director's for almost 6 months being almost defunct Do they need any future approval of the least members in case pls lighten us Few words would be thank with prayers

Khanna says : Forced wife on not meeting husband
I am struck with very huge problem, is there a way where in i can chat with you?

Madhu Goyal says : Implementation of Court order
Dear Experts, I was a Primary Teacher on regular basis in a private unaided school. I was dismissed from service on false charges in 2012. Then I challenged the termination order before Distt Session Judge by filing civil appeal as per judgment passed by SC in TMA Pai Foundation case. In the appeal , I also prayed to the court to direct the respondent school to give me back salary since date of my appointment as per CBSE Bye Laws according to which I was entitled to be paid salary and other allowances at par with state govt teachers but the school was paying me less salary.The court set aside termination order and directed the respondent school to reinstate me with full back wages with 8% simple interest along with continuity in service within one month of date of order.But the court did not pass any order wrt second prayer i.e back payment as per CBSE Bye Laws. Further when I apprached to the respondent school , the school authorities refused to reinstate me on the pretxt that they will move to High Court. I have filed CAVEAT in High Court. I am pleading my case in person with the valuable advices of experts like you. My questions are as under :- 1. Can I file fresh civil suit in lower court for back payment since date of appointment to till date ? Will the appeal filed as stated above affect filing fresh suit in the lower court ? Here it is pertinent to mention here that as per judgment of SC in TMA Pai Foundation case , SC has held that in states where there is no educational tribunal , an employee of private unaided school can file appeal before Distt Session Judge against the penalty of dismissal. 2. As the respondent school is not obeying court order wilfully, then should I file execution application or contempt of court petition or both ? In which court should I file execution application or contempt of court petition and under which sections of the concerned act ? 3. In case , if the school has filed CWP prior to filing my CAVEAT, will court grant me opportunity to hear me while deciding the writ filed by the school ? 4. What other remedies can school obtain to stop me from reinstatement ? 5. What kind of prayer should I do while filing execution beside prayer for implementation of court order ? Should I pray for imprisionment of faulty respondents ? 6. Can I file Execution and Contempt Petition simulateously ? Kindly advise me so that I may draft the appeal accordingly. Regards Madhu Goyal

Member (Account Deleted) says : question on probation period in govt job
respected sir i want to know detail about probation and police verifacation in govt psu job at time of joining. my problem is that i joined a psu as executive engineer on the basis of interview. after 6 yrs of mgt of psu chargesheeted me of GIVING FALSE EXPERIENCE CERTIFACATE. during departmental enquiry my previous employer deposed that he has given certificate. and by RTI application it is proved that firm exist and has worked on various works but my psu mgt is now saying what is proof that i worked in that firm..my employer told them that after police verifaction he destroyed all documents.. plz advice me what i shd do

Devesh Yadav says : Execution of Court order
Dear Counsels, I was working as teacher in a private unaided private school affiliated to CBSE since 1994 on regular basis. I was suspended on 22.07.2010 on false charges and later on I was terminated from service on 09.05.12. I moved to Punjab and Haryana High Court Chandigarh to get the termination order quashed but High Court directed the appellant to file appeal to Distt Session Judge /Addl Session judge as there is no Educational Tribunal . The court quoted judgement of apex court in TMA Pai Foundation Vs State of Karnatka 2002(8) SCC 481. Consequently I filed appeal to Additional Distt and Session Judge (ADJ) and ADJ set aside the termination order directing the respondent school to reinstate me and pay full back wages within one month of . Here I tell you that I myself appeared in person before the court and I argued in person before the court . The respondent school disobeyed the court directions willfuly and refused orally to reinstate me . The respondent school has not got any relief from high court to stay the order passed by ADJ. My question -Can I file execution or Contempt of Court Petition or both -execution as well as Contempt of Court Petitionagainst the respondents for not obeying the court order and before which court -either the court who passed order or before High Court ? Under which section of Contempt of Court Act 1971, I wiIl have to file Contempt petition before trial court? Under which section of CPC , I have to file execution and before which court -trial court or High Court ? I have gone through minutely provisions in Contempt of Court Act 1971 but could not find relevant section under which I may file contempt petinition before trial court.Kindly advise me so that I may get relief. ,

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