Anonymous
03 November 2009 at 22:26
hello all learned experts
leave in relation ship is not applicable in the gujarat as per my knowledge but i am not sure there is ambiguity pls clarfy it regards
Anonymous
03 November 2009 at 20:21
in what circumstances a police inspector can arrest a civilian. one time i file fir against a person on normal dispute that time police taking me to police station by saying only for signing on fir completion but they donot allow me on the excuse that there may be restart fight between me and that person.give your valuable opinion
Anonymous
03 November 2009 at 20:15
how can we removed the corruption from police ,sales tax, income tax, mcd , dda
Anonymous
03 November 2009 at 19:51
i have visited the isbt consumer court for filing a case by asking helpline number of consumer that where will be my case file against a inverter battery dealer of address n.g.c services delhi chamber delhi gate new delhi-2. that clerk misguide me to say that this will file in tis hazari.tell me what should i do .i think that clerk is corrupt person.
hkc
03 November 2009 at 15:41
in 2006 one vigilence case was registered regarding wrong settlement of claim against my department and me. the vigilence officer took a year and submitted report concluding wrong settlement of claim on technical ( acadmic/administrative ) ground. chargsheet was issued to officials who processed the file, recommended the file and me who approved the file. all of us submitted explanation citing the reasons that claim file was approved rightly as per correct interpretation of the policy conditions. we also collected the technical opinions of highest ranked faculty in insurance. the management issued administrative warning "censure" to all other 3 officials before the promotional excercise and they were considered for promotion and infact one was promoted. i was not communicated any thing and case was kept pending.i didnot get my promotion though i was one of the sr most as well had quallified the written exams for promotion.
after one year,departmental inquiry was set up and first hearing was held after 4 months. the IO concluded the inquiry on first hearing as i stood on the point taken by me earlier i.g. the claim was rightly approved and the charges were bad vis a viz the law & principle of insurance.
after conclusion of inquiry the IO didnot submit the report till the next promotional exercise was over. i was again not promoted though i was rather the sr most and again quallified the written exams for promotion.
till date i have not been communicated any thing and i am afraid the management want to keep the matter pending till next promotional exercise which is due in april'2010.
please advise me
01. there is any law or provision under CDA rules where i can challnge the delebrate delay in disposing the matter?
02. whether management can impose any penalty more than warning which was given to other chargesheeted officials.( charsheet was same in all the cases).
03. whether i can claim my promotion from retrospective date.
i would like to add that i had bad relations with one of the high ranked official who happened to be the competent authority in this case, as i was associated with union actiities.
kindly advise and oblige.
Himanshu
03 November 2009 at 11:44
Is it nessessary as per the law to have cleaner or assistant with the driver of heavy motor vehicle like truck, tempo or bus and if yes then under which act or rules or section number. Please give details of any one applicable state or city, we use our trucks all over India. Please Advice.
Thyagarajan
03 November 2009 at 10:02
Dear Members,
An article posted by Mombi Grahak Panchayat blog that is given below is worth a reading by all members of the club. I am sure many of you will join hands with Mombai Grahak Panchayth in making a review petition in Supreme Court.
R.Thyagarajan.
Consumer Protection Act is in need of Protection
B.S.N.L.Calicut had, in August 2001 disconnected the telephone of one Mr. Krishnan due to non-payment of a bill of Rs. 17103/-.Mr. Krishnan pursued his grievance about the bill with B.S.N.L. but was unsuccessful. He filed a complaint before the District Forum (D.F.) Calicut.The latter by its order dt. 16-11-2001 directed B.S.N.L. to restore the connection and pay the complainant Rs. 5000/- towards compensation along with 12% interest.B.S.N.L. then moved the Kerala High Cour (H.C.) - A single Bench of the H.C. dismissed B.S.N.L.'s Plea and directed it to approach the Kerala state consumer Disputes Redressal Commission. (C.D.R.C.) Failing to be 'educated' by this rebuff, the B.S.N.L. appealed before a Division Bench of the Kerala H.C. The latter referred the appeal to a full Bench. The Bench dismissed the petitions on 14-02-2003. B.S.N.L.then moved the Hon. Supreme Court (S.C.) and challenged the judgement of the Kerala H.C. The S.C. Bench. comprising of Hon. justice Markandey Katju and Hon. Justice A. K. Ganguly allowed the appeal. They observed that there is a remedy prescribed US 7 B of the Indian Telegraph Act. of 1885 for resolution of all disputes regarding Telecommunication, through arbitration.
Since the Telegraph Act is a special law, its provisions would prevail over a general law likeConsumer Protection Act (C.P.A.) - "It is setteled law that general law must yield to special Law. The remedy under the C.P.A. is barred by implication" they held. This, in effect, will take away the jurisdication of the consumer Fora to entertain disputes relating to telecom services. With due respect to the judges, one cannothelp observing that the judgement shows lack of application of judicial mind. In the first place, thereis no reference whatsoerer to the relevant From the Consumer Courts Consumer Protection Act is in need of Protection A more serious implication is that if the logic of the judgement is to be stretched further, all
services including professional services for which special legislation is available, eg Airlines,Railways, Insurance,Banking, medicine, Law etc.will be out of the
jurisdiction of the C.P.A.This will defeat the whole purpose of creating a special
legislation for a single window system for speedy,simple and inexpensive redressal of consumer grievances.provisions/clauses of the C.P.A. whose jurisdiction it has set to define. The definition of service states "service of any description which is made availableto potential (users and includes, but not limited to,the provision of )facilities in connection with banking...., but does not include the rendering of any service free of change or under a contract of personal service. Telephone service does notqualify for either of the exceptions to the definition of a service. No where is it indicated that services which are ruled by a special legislation will be exempted from C.P.A.On the other hand, clause 3 of C.P.A. clearly states that "the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force." This should clear any doubts about the applicabitily of C.P.A. in case of services for which special legislation is in force.Surprisingly, the judgement completely ignores and infact,
contradicts two earlier judgements of the Hon. S.C. viz. i) Fair Air Engineers VS. N. K. Modi and ii) Secretary,Thirumrugan Co.op. Agriculchral Credit Society Vs. M. Lalitha. In both of these judgements, the Hon. S.C. has held that above mentioned sec.3 of the C.P.A. imparts jurisdiction to the consumer Fora even in those cases where special Acts are in force. To quote from the judgements. "The Act (C.P.A.) intends to relieve the consumers of the cumbersome arbitration proceedings or civil action. ......... The Act creates a framework for speedy disposal of comsumer
disputes and an attempt has been made to remove the existing evils of the ordinery court system... The Act being a beneficial legislation should receive a Liberal construction." On the other hand, the Hon. judges have relied on an earlier Judgement of the S.C. Viz Chairman, Thiruvallurar Transport Corp. VS. Consumer Protection Council, which is far from relevant in the instant case. The judgement is not only controversial and illconceived but its implications are disastrous . The
immediate effect of the order will be that all complaints regarding telephone services pending before the Consumer Fora throughout the country will be dismissed. The complainants will have to file them afresh before the arbitrators appointed by the Govt. Telephone service providers on their part will not only keep compliance of the orders of the fora on hold, but also apply for a review of the cases already disposed off by the Fora.A more serious implication is that if the logic of the judgement is to be stretched further, all services including professional services for which special legislation is available, eg Airlines, Railways, Insurance, Banking, medicine, Law etc. will be out of the jurisdiction of the C.P.A. This will
defeat the whole purpose of creating a special legislation for a single window system for speedy,simple and inexpensive redressal of consumer grievances. This reminds me of the early 1990 s when various professional bodies and service providers tried their best to be exempted from the C.P.A. However, thanks to the efforts of the consumer organigations and judicious interpretation of the Act by the National commission and the Hon.supreme court. The jurisdiction of the C.P.A. has not only remained in tact but has actually expanded. Since the instant judgement may start a regressive trend by making inroads in the jurisdiction of the Comsumer Fora, consumer organisations in the country must take up this issue and make an unequivocal demand for a review of the judgement. M.G.P. also plans to approach the
Central Govt. (Dept.of Consumer Affairs and Dept.of Law and Judiciary) to take a lead in the matter of review of the judgement.
- Lalita Kulkarni
Ex-member Mumbai District Forum
Monday, November 2, 2009
Anonymous
03 November 2009 at 04:06
Some in my family bought shares in my name in 1965.The value of those shares purchased for about Rs.1000/ has gone into lakhs.He has availed the dividends on shares for almost almost 30 years. Can I ask for those shares which are in my name.
Anonymous
02 November 2009 at 13:46
i want to change my name through ap gazette . so pls tell me the procedeure and also tell me to whom i have to send an application . means address of the official which i have to send the application form . pls reply me to my mail . sandasivakumar@gmail.com
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How to rectify the Date of Birth filed wrongly by mistake
How to change the Date of Birth when it is wrongly filed in the High School Certificate in 1986. Actually My date of birth had been wrongly filed when the examination forms was submitted to attend the exam in 1986, but after a big time gap it was realized that there is almost 2 years gap in between the Date of Birth filed in the examination forms and later on it has become the bench mark and in the T.C. (Transfer Certificate) issued by the Village Primary School.
My actual Date of Birth is 01/03/1971 (in Primary School Transfer Certificate) and it is in High School Certificate 05/01/1969.
Dear all Experts now, I want to know that if there is any way to rectify this mistake.
It would be great help for me.
Regards
Sanjay Sharma