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Queries Participated

Anonymous   18 May 2024 at 21:48

Sc reserved muslim wife. contesting screserved mp elections

Respects Sir /Madam I am retired scientist, Government of India. submit the following for clarification. A Hindu SC Reserved lady married to a Muslim. She is contesting MP elections from SC reserved constituency, As per my knowledge, caste is applicable after the intercaste / Inter Religion marriage. But, in this case, the very purpose of providing reservations is defeated as it was provided for the upliftment of the society that lady belongs . Since our is Patrilineal society ( except Kerala State), the children of them get father lineage as Muslims and the children not available to very society the lady belongs. Muslims customs and conventions are different from hundus, Muslim children cannot understand and help the society the lady belongs to. If it is inter caste marriage between hundus, the customs and convections of all castes are same, then the children born to such couple can help respective communities / castes. can we challenge it in the supreme court to make it null and void to use the birth caste in assembly and parliament elections. Here both the issues are at stake. 1. very purpose of reservations in laws making institutions defeated and 2. Customs and conventions being changed. Hence the society to which the sc lady belongs will not get any help from her children and it is enriching others out her society

Maloji rao ghodkar   18 May 2024 at 20:51

Insurance

Mr A was travelling in his own car and stopped on the road behind a Government Transport bus, which was picking up passengers. Meanwhile, a lorry which was driven in a rash and negligent manner came and dashed the car of Mr A from behind and the car suffered damages. Mr A called the police and the police reached the site and registered FIR against the driver of the crime lorry for rash and negligent driving. Mr A requested the insurance company with whom the crime lorry got third party insurance for getting the car repaired, but in vain. Mr A also got his car insured with some other insurance company, who told him to claim the damages from the insurance company of the crime lorry. The insurance company of the crime vehicle insist that Mr A claim damages from his own insurance company. Now the question arises whether the insurance company of the crime lorry neglect to pay the damages to Mr A and whether Mr A is legally entitled to proceed against the insurance company of the crime vehicle or is there any bar under Law to claim the damages of the car from from his insurance company with whom his car insurance letting of the insurance company of the crime vehicle. Any such provision of Law or precedent by way of court judgment that Mr A is required to get the damages from the insurance company of his own car rather than from that of the crime vehicle.
Thanks
MR Ghodkar

MOHD YASIR   18 May 2024 at 20:24

Will by elder sister to his minor brother

CAN A ELDER SISTER MAKE A WILL TO HIS MINOR BROTHER
WHAT IS THE LEGAL FORMALITIES TO BE FOLLOWED IN MAKING A WILL

Sonu   15 May 2024 at 13:01

Obc ncl certificate query

Respected sir/mam
My father joined as a constable in crpf and recently he got promoted to the rank of head constable. My mother is a housewife.
And I think my father income from salary is above 8 lakh and we do not have any other source of income so my question is am I eligible for OBC NCL certificate
If the answer is YES
So If I get the certificate and gain employment
under central/state government will this 8 lakh above income cause any kind of trouble in background verification by the appointing authority
Please help

S Basu   15 May 2024 at 08:48

Upper floor owner refuses to repair

My dad owns the 1st floor of an apartment building. The 2nd floor was bought Mr s. Pal approx 6 years back. He polished his marble kitchen floor and damaged our ceiling which we got repaired. Last month he again polished his floor but the damage was much more severe. Our ceiling cracked and water started dripping on snd from 4.5.24. He refuses to repair his floor saying we should repair our ceiling. But without repairing his floor repairing our ceiling is pointless. My dad is an octogenarian cancer survivor. Please advise

Anonymous   14 May 2024 at 23:01

Ac duct heat direct to my house

Dear all ,
In front of my home , the house in front of me has installed the AC duct due to which the heat air directly come to my house the corridor is small and this outside heat and the AC heat causing a more problem we are sleep deprived.

When we politely asked them to off the AC the lady came and shouted at us why we have to off the AC . You are facing the issue install the AC at your home we are not going to do anything we can't sleep we don't care about you .

Kindly suggest what to do

Anonymous   13 May 2024 at 21:38

Regular degree completed while in government service

Sir,
I have joined as junior engineer in government electricity department on the base of diploma in engineering. While in service with prior permission, I have completed bachelor in engineering (B.E.) degree. On the basis of B.E. degree, I have selected in PWD department as assistant engineer and I have joined the PWD Department. If someone from my previous department, complains to PWD department that I have completed B.E. degree while in service, then can PWD terminate me from job or what PWD department will do in my case ?

Sunil Kumar   11 May 2024 at 23:08

Threatening by deceased brothers wife's

With due respect, it is brought to your kind notice that our father late Sh. Om Parkash has made a Property Will of 100 sq. yards home situated at Distt. Kaithal which is equally shared amongst three brothers namely Sunil Kumar, Anil Kumar & Rajiv Kumar. On 06.03.2021, one brother namely Anil Kumar has been died and his wife Mamta Rani & her son are residing at home. Despite knowing the fact of equal sharing in Property (Home) Smt. Mamta has illegally possessed over a big portion of home and this act of illegal forcible possession, their family members supporting her by using deteriorated, abusing and threatening languages towards us even Smt. Mamta Rani has threatened us for committing suicide only on the issue of distribution of equal shares of property/home. At present, it is very difficult for us to make understand to Smt. Mamta and their family members. The Market value of Rs.15 lacs of this home but she is not ready to take 1/3 share. The family members of Smt. Mamta using deteriorating abusing language and her brother want to threatening of killing both us brothers.
Kindly guide appropriate solution.



Anonymous   11 May 2024 at 08:02

Cancel nominee

Hello sir,
I have a boyfriend who is working in airforce and he declared me as his wife(nominee)if I have to breakup with him will there be any problem to him or me. If I ask him he's not saying anything about the legal procedure I want to breakup with him at the same time which should not impact his duty..please help me what can I do in this situation

a rastogi   11 May 2024 at 07:14

Ppf sbi cp act upto cc!

Respected All learned advicates,

Below are the point wise summary of the matter of PPF Account at SBI,

1. Open a ppf account at sbi at 2005.
2. Once for a year some 2008 not able to deposit Min Rs 500, due to which 2009 with penaltity made the account regular.
3. On 5.9.2022, i went to bank to deposit money re 4000. Bank denied stating irregular account and any debit/credit will not be after maturity i.e. 2020. Bank advised to close the account and invest in oher schemes.
4. On asking of statement on 5.9.2022, bank denied stating audit is going on.
5. Considering the fact that when no debit/credit will happen there is no mean to keep account, I given closure application based on several bank staff advises, on which
they closed the account and given the money.
6. On 7.9.2022 when i talked my CA regarding taxation, he asked to give statement then only taxation things can be decided.
7. Immediately i again vivited bank seeing the statement on 7.9.22, where they given statement, after getting same, i came to know that interest has been credited even after maturity year 2020.
8. Considering that further heavy money as interest will be credited into account if i have not given closure application, I immediately float the application to bank for reinstate account, so that future loss can be saved.
9. On asking question from bank, helpline, sbi-ho when bank staff denied for any credit why after maturiity interests has been credited, i got no answer from any channel.
10. I kept on asking why interest has been credited when u said nothing will be debit/credit in account, but they kept silent on this point and stating no interest on further deposit. In short asking for x and as they can't accept the mistake, so keep on stating y and ignoring x.
10. From researching on internet, I came to know that as per https://www.nsiindia.gov.in/(S(brblxhn5i255banxl3i0dk45))/InternalPage.aspx?Id_Pk=79 THE PUBLIC PROVIDENT FUND SCHEME, 1968 (9)(clarification 4) " As per proviso to Rule 9(3) the subscriber can retain his account after maturity without making any further deposits for any period without limit. For this purpose, it is not necessary to give option in writing. It is automatic. Form H has since been amended. The balance in the account will continue to earn interest at the normal rate applicable to PPF accounts. The subscriber can make one withdrawal in each financial year of any amount within the balance. Once the account is continued without deposits, for more than a year, the subscriber cannot opt again to continue the account with deposits for a block period of 5 years. " The account was continued and bank credited interest.
11. I raised same issue at different channel like SBI-HO, Ombudsman, Govt Executive all channel, all are keep on stating same.
12. I approached Consumer commission, where they dismiss the petition :
A. I didnt discussed that fact that complaint has received amount in petition even though I have attached full statement where clearly amount has been shown and closure of account cant be without receive the amount. Finally CC termed as supression of facts and considered as i complain with unclean hands.
B. At the time of recive of amount, I didnt accepted amount with protest, i.e. right of complainant to sue cases and privity of contract comes to an end when complainant collected the amount.When there is no contract exist between then , the question og initiating legal action under the same cause of action is not permissible.When no right and cause of action to sue op consequent by he has no locus-standy to file present complaint.

13. My point is no where our ground has been answered by bank or even mentined into order of cc.
My points were :
(i) Misleading information by bank that no debit/credit will happen after maturity but in two consequtive years interest has been credited.All are totally silent on this point branch, ho, govt executive, onbudsman, now cc too is nowhere answereing the fact even mentined in order passed.
(ii) Not providing account statement on demand on 5.9.2022.
I have not demanded any interest on the deposit done after maturity but whatever the amount were before same that deserve the interest as account is automatically extended by bannk as credting intrest after maturity without any closure.
(iii) Based on misleading information i.e. via provoking and pushing for closure by misleading advice i received money, when i am in bank, i will take the provided information is correct but that was wrong the same is commitment given by the bank. Hence taking acceptance based on misleading information and hiding account statement by no providing even on demand is clear cut case of deficiency of service. But neither anyone answered nor even Consumer Commission has given any reference in order.

Kindly hely by advising on the what next steps i may take further to save loss which i beared due to misleading information from bank.

Thanks & Regards.
A Rastogi



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