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Anonymous   09 August 2017 at 22:56

Judiciary

What happens when there is tie among the judges of supreme Court in India on particular case

Ajjay Tavaadia   09 August 2017 at 11:09

Legality of employee tracking

One of my friend is working for a one of the biggest corporate houses in India.
He has resigned from his job due to the differences with his superiors. He is currently on notice period till 31st October 2017

Now the issue is
He has been working with them since last 6 years with full integrity and nobody can question it,
Now his two superiors are all out to defame him so that his notice period can be terminated and he leaves immediately
They have even put his official mobile number (provided by the company) on tracking. They are tracking his movements without informing him or taking his permission

This he came to know through one of his friend in corporate HQ and he has shown him with proof.

My questions are very simple

1. Can the notice period of any employee be terminated? if yes, under what circumstances
2. Can the Organisation track his location (through mobile tracking) without his information or permission? If No then what is the punishment under the law for the organisation and/or the people responsible for tracking him/his mobile









Gunasekaran Chandran   31 July 2017 at 23:13

Indian constitution

Good evening Friend's

My query is one school in Chennai wrongly printed 14 th of August is independence day instead of 15th August in their school students dairy. In their school there are 2000 and above students studying . Has the school commited any wrong as per Indian constitution ? Can I take any legal action or there any way to rectify it ? Kindly enlighten the issue plz

JIGYASU: Legal Analyst   30 July 2017 at 07:18

What can be the major causes of heavy delay in judgments?

It is seen that many court cases take 10, 20, 30 or even more years to settle.

What can be the major causes of extraordinary delay in proceedings and final judgments?

Layers/ Experts community are requested to throw light on this aspect.

Anonymous   23 July 2017 at 18:45

Legal validity of an order

Accused released on regular bail on 3-12-2013, under section 354, 323, 504, 506 and section 3(1)(x) of SC ST Act. Since then accused was continuously appearing before the court but prosecutors failed to comply with provisions of CrPC 207 for 16 months till 23-03-2015.

Judicial Magistrate passed an order to issue NBW on 03--8-2015 without recording any reason as to why he reached a conclusion that accused will not voluntarily appear before the court on next date.

But Judicial magistrate never handed over this NBW to the police and again passed orders to issue NBWs on 23.09.2015, 21.11.2015, 21.01.2016, 26.03.2016, 04.05.2016 but non of these NBWs were sent to police for execution.

accused moved recall applications on 27.06.2016, 19.07.2016 and 10.08.2016 but JM dismissed and passed orders to issue NBW on 25.07.2016, 16.08.2016, 09.09.2016, 26.09.2016 and 82 & 83 on 26.09.2016.

Accused approached HC and HC stayed all proceedings. Opposition contacted the counsel of the accused and counsel of the accused prayed for such a relief which was not prayed in petition (and without consent of the accused and without informing the accused )

HC passed following order-
1. Accused applicant shall appear in person before the trial court ..........;
2. When the applicant appears in person before the trial court and moves an application for substitution of surety, same shall be considered on the same day;
3......
4.......

Now, I want expert comments on the following question of law-
1. Whether the counsel of the accused committed criminal breach of trust in the light of Advocate Act or not?
2. Whether JM magistrate committed contempt of Hon'ble Supreme Court's guidelines or not?
3. Whether the order passed by the Hon'ble HC is legally valid in the light of Article 22 and advocates act or not?
4. Where is entire proceeding against the accused infringement of his fundamental Rights under article 21 or not?

durgaprasad   05 July 2017 at 13:25

Can i a s or ips make the rules or laws, if yes are constit

DEAR
EXPERT RECENTLY I COME ACROSS SO MANY SITUATIONS LIKE THIS.

ONE OF OUR D.S.P MADE RULE IN THE CITY THAT NO MALE PERSON SHOULD GO ON ROAD. AT 8 AM TO 10.30 A.M AND 4 PM TO 70PM

REALLY DOES SHE HAS RIGHT TO MAKE SUCH RULE EVEN THAT PLACE IS COLLEGE AREA? WITH HER WORD POLICE OF LOCAL HAS EARNED PLENTY BY ARRESTING AND THREATENING THE COMMON MAN.


RECENTLY TWO DAYS BACK DEPUTY DIRECTOR OF UIDAI(ADHAAR) ANNOUNCED THAT 25000/- ADHAAR ENROLLMENT ENGENCIES SHOULD BE SHIFTED TO GOVT. PREMISES? ACTUALLY THEY HAS OUST SOURCED TO COMPANIES SOME UNEMPLOYED MAKE IT AS THEIR SELF EMPLOYMENT,

DOES OFFICER OF THE UIDAI HAS THE RIGHT TO SUFFER THE THOUSANDS OF PUBLIC WITH JUST A ORDER?

THE ENROLLMENT AGENCIES ARE PRIVATE ONLY. LAKHS OF UNEMPLOYED MAKING THEIR BOTH ENDS MEET THROUGH THIS. ENROLLMETN CETER LIKE INVESTED 200000/- RUPEES NOW HE ASKED TO SHIFT THE CENTER TO PUBLIC PLACE LIKE M.R.O OR COLLECTOR OFFICE.

THE REASON THEY ARE SAYING IS THAT SOME OF THE ENROLLMENT AGNENCIES ARE TAKING MORE THAN ACTUAL PRICE SUJESTED BY UIDAI.

k. antony   25 June 2017 at 11:40

Gaming

There is a game based totally on chance OR comes in a category of a betting game .....BUT doesn't involve currency/money ....In-fact involves virtual gaming score/points....Is the game legal ?

Vansh Malhotra   19 June 2017 at 12:40

Pre-admission status_writ petition on contempt matter

Hi,

I have filed a writ petition through my advocate on a contempt matter in the bombay high court in oct 2016 which has not come up yet for admission and is under status 'pre-admission'.

I have supplied every document & details of the judgement to my Advocate for the enforcement of which the WP is filed but on asking he always says that 'date is not yet given by the court'.

Why this status is there for so long?
Do I need to provide any further document or details to get the hearing date?
Is my advocate giving me right answer about the case status?

Please help as I have been suffering alot due to this prolonged litigation.

Thanks,
Vansh Malhotra

kavksatyanarayana   16 June 2017 at 12:59

Notary

Dear Experts, namaskarams.

This is my friend’s case and the details are hereunder:

My friend is an Advocate & Notary in Andhra Pradesh. His Notary commission is expired by 30-11-2015. He has submitted an application with challan for Rs.1000/- (renewal fees) for renewal of Practice of Notary Certificate from 01.12-2015 and notary records verification certificate.

But the Government of Andhra Pradesh in its Memo No.31617/Regn.II/A1/2012-4, dt.31-08-2015 have instructed to withhold further sanction of Notaries afresh and also renewal request of Notaries.
After receipt of Government memo, some Advocate & Notaries have filed a case in W.P.No. 9655/2016 in the A.P. High Court, Hyderabad against the orders of the Government and the Hon’ble High Court of AP set-aside the orders of the Government. But the Government have not issued instructions regarding the renewal of Notary Practice Certificate for further period of 5 years. The District Registrars are returning the renewal applications as per Government memo dated 31-08-2015.

But some of the Notaries are doing practice though their commission (the period of their Practice as Notary) is expired. My friend is telling that the Advocate cum Notaries may continue practice as Notary though their period of practice is expired.

Whereas I am of opinion that the Notaries cannot continue practice as their period of practice is lapsed and further period of practice is not renewed.

So I request the experts to offer your valuable opinion in the matter.

Thank you sirs in advance.
kavksatyanarayana.

V.N.K. MENON   07 June 2017 at 18:37

Writ of prohibition

can any expert please give Specimen writ of prohibition format as i have a false criminal case in trial court.

Thanks in anticipation.