saurabh kaushik
06 June 2009 at 21:29
how do court interpretate the law embeeded in decision of court themself and through which method do court develop such law?
yogesh
06 June 2009 at 17:44
Please read the following
"The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which a person is appointed. "Vacancy" means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As consequence the percentage of reservation has to be worked out in relation to the number of post which form the cadre-strength. The concept of 'vacancy has no relevance in operating the percentage of reservation. - R.K. Sabharwal and others, Petitioners v. State of Punjab AIR1995 SC1371"
My query pertains to the selection of applicant on the basis of the following:
Employer advertised 2 posts under the Unreserved category. Selection committee recommended 2 names against the Unreserved post and the Applicant was placed second in the waiting list.Suddenly one seat was vacated ,the Number One candidate was placedin the waiting list was given appointment against the Unreserved post
Then one selected candidate who was appointed against the Unreserved post resigned from the services with in year.Since the waiting list panel was valid for the period of one year.The concerned Employer did not fill the seat ('vacancy') from thepanel but kept vacant
When the concerned applicant made his representation , the concerned employer replied the vacant seat was floated to the Reserved category
Please justify whether the employer had made correct decision in the light of such circumstances?
yogesh
04 June 2009 at 14:13
Please read the following
"The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which a person is appointed. "Vacancy" means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As consequence the percentage of reservation has to be worked out in relation to the number of post which form the cadre-strength. The concept of 'vacancy has no relevance in operating the percentage of reservation. - R.K. Sabharwal and others, Petitioners v. State of Punjab AIR1995 SC1371"
On the basis of above, I seek the opinion if an individual/applicant who was placed in the waitlisted candidate under Unreserved category. Can Recruitment body transfer the resultant "vacancy" of any individual (who was appointed under Unreserved category) by keeping its seat vacant and later transferred to the Reserved category by debarring applicant rights if the waitinglist panel is having in its validity period
Regards
A.Mohamed Thaheer
03 June 2009 at 08:32
What is the course of legal action for getting natural justice, when contradictory judgments were delivered by two different High court, namely Delhi High Court judgment dated 04-07-2008 and High Court, Chennai dated 30-09-2008 respectively on the very same issue of criminal misappropriation of money to the tune of Rs, 25 lakhs ( BENCH OF THE Delhi High Court Judgment), and for Rs.11,255/- (BENCH OF THE Chennai High Court Judgment, under section 13 (1) (c) of the Prevention of Corruption Act, 1988.
In the above said two judgments, Delhi High has given a very detailed judgment according to the statutory provisions of the relevant under the Central Civil Service Pension Rules, 1972, 80% in favour of the Accused for releasing all the retiral benefits due on the date retirement, EXCEPT UPHOLDING THE PAYMENT OF PROVISIONAL PENSION TILL THE FATE OF THE ACCUSED IN THE CRIMINAL CASE for the alleged misappropriated amount of more than 23 lakhs, read with 34 IPC>
But, the Bench of the Chennai High Court has given the judgment ADVERSELY AGAINST THE ACCUSED BY QUASHING THE CAT order which is very much similar to the Judgment of the Bench of the Delhi High Court dat
ed 04-07-2008.
The further pity in this case is the alleged misappropriation of amount is ONLY
R.11,255/- in which case also, it is pending yet to be proved in the court of law.
What is the legal remedy for the injustice done by the Bench of the High Court, Chennai?
d
PRAKASHCHANDRA MARU
01 June 2009 at 23:29
hello all learned expert
i wnat the full details in the descending order from the top to bottom designation of the all members of the rajysabha and loksabha with the power and duty pls inform
Kamal Grover
01 June 2009 at 15:34
We are Advocates in Punjab and Haryana High Court at Chandigarh. We require associate lawyers from all over India with a motive to refer cases each other. Plz send your concent for association. We are group of advocates expertise in various fields of law in Chandigarh and surrouning area of Mohali, Shimla, Panchkula, Punjab and haryana. WE deals in different courts and tribunals also.
Regards
Adv.kamal.grover@gmail.com
M:09814110005
Chandigarh
PRAKASHCHANDRA MARU
31 May 2009 at 00:41
hello all learned experts
i read that under the article 226 writ can be filed in the highcourt while under the article 32 writ can be filed in the superem court both have writ power then what is the material differnces,in the both tpes of writ
pls inform me
PRAKASHCHANDRA MARU
31 May 2009 at 00:38
hello all learned experts
what is the difrence between the loksabha and rajyasabha pls inform
Satish
29 May 2009 at 22:49
Resp Sirs & Mams.
Who appoint the election commissioners in India? What is term for election commissioners?
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Foreigners Act
There are many overseas Indians who adopt the nationality of the country where they live. They thus hold foreign passports and need a visa to visit their motherland where they often have very close family, religious and cultural attachments.
The present government has vastly improved the amenities available to this category of people by introducing Person of Indian Origin and Overseas Indians cards that certainly make travel and residence in India far easier, even though to obtain this card is a big hassle.
Even so, a person born in India is liable for prosecution if for example, he overstays his visa.
My question is, does a person of Indian origin have a right to territory, what the French call "droit au sol" and whether a criminal prosecution of such persons is legally and morally right. Because the right of a person of Indian origin to return to his country of birth should be considered a part of natural law.