4WhatIsRight
01 September 2018 at 10:41
I am a guarantor who is being made a scape goat by bank officers, by abuse of discretionary powers, acting in collusion with borrowers.
I stood guarantor for loan taken by my friend for setting up an industry.
Sensing that my friend had intention to default, I wrote to bank about his intention and sought revocation of guarantee given by me.
Bank didn't took notice of my communication and continued business for next 2 years.
Even before the account became NPA, bank allowed my friend to sell the land and building at a throwaway price which was even not sufficient to cover the exposure. Neither my friend nor the bank informed me the guarantor or the share holders of friends company about the sale of the land and building.
Even after repeated communications bank didn't provide me details as to how they could allow the sale which didn't cover their exposure or how they intended to recover the balance due amount.
The amount recovered from sale of land and building was deposited with bank.
My friend also sold the plant machinery and stock without informing or permission of bank and pocketed a sum which was more than the amount due to bank.
I informed and asked the bank if any permission was given or whether the amount was deposited with bank, but no reply was received.
Letters were sent through advocates.
Then the account was turned into NPA and sarafaesi proceeding of taking symbolic possesion initiated against my property.
From documents filed by the bank during proceeding I learnt that forged documents alleged to be signed by my representatives relating to extension of guarantee had been made after receive of communication of revoking guarantee.
I lodged a complaint case and after due inquiry court issued summons to bank officers.
Bank which was sitting silent for four years after taking alleged symbolic possession, has sprung into action and published a notice of auction in which they haven't given details of pending criminal case and simply stated encumbrances not known.
Bank has so far not even asked my friend about plant and machinery or stock, neither it has acted on personal property given as security by my friend as they are hand in gloves...whereas loss should fall where it lies.
Bank officers being in conspiracy with my friend are hell bent to recover the money by selling off only my property to recover their dues. They have not acted to sale the plant machinery and stock or even my friends property.
The bank officers are acting unfair and in prejudiced motivated manner.
Criminal case is pending against them.
I have been advised to approach DRT but lawyer says I shouldn't expect much relief as bank has discretionary powers. Isn't there any law against government servant who are acting unfair and prejudiced?
Anonymous
31 August 2018 at 09:23
iam currently running a coaching institute in jaipur but i want to get it registered what is process.
Shiva
30 August 2018 at 18:58
Sir,,can u please tell me this case details wp28325/2018 case...does the exam will be reconducted ...how many days does it takes to diposed
durgaprasad
30 August 2018 at 16:12
hello sir/madam, one of my colleague's brother name "Hari sai", by birth Hindu recently converted to christianity(unofficial), loved a girl of aged 20 years, and married her in christian customs, that girl follow hindu religion, after the marriage they approched to local police S.I, now the story turned over, that girls father and his followers took the girl from Hari Sai, and beated him frivolously, now he is in hospital, that poor boy still loves her the parents and the boy approached to police no of use, now the question is whether the girl will be called to hi-court, through any legal means? the boy believes that if she come and see him once she again turns back to him. is there any way to call her to court with out the interference of the police, give me best advise call me on this no: 9182871446. machilipatnam, andhra pradesh.
Gopal Ram
28 August 2018 at 11:44
Dear Sir/Madam, I am in need to get a sound clarification about non- compounding PhD increments given to those who have not finished the PhD but have done coursework and defended the Synopsis successfully and thus got the research proposal approved by the concerned body of a Central University i.e. JNU, New Delhi.It's about the interpretation of UGC Regulation 2010. As per UGC REGULATION 2010 (9.0. INCENTIVES FOR Ph.D./M.Phil AND OTHER HIGHER QUALIFICATION TO TAKE EFFECT FROM 01-09-2008 under 9.5) which holds that: "In respect of every other case, a teacher who is already enrolled for Ph.D. shall avail the benefit of 3 non-compounded increments only if the university awarding the Ph.D. has been notified by the UGC to have compiled with the process prescribed by the Commission for the award of Ph.D. in respect of either course-work or evaluation or both, as the case may be" Since, I was enrolled to Ph.D. at JNU from 22.07.2009 and joined Assistant Professor post on 26.12.2012 in another Central University. (it is on record). Before getting enrolled to PhD program, I was awarded two year duration MPhil from JNU from 2007 to 2009. How many non-compounded advance increments' benefit w.e.f. 26.12.2012 (Date of appointment) should I be given? (as I already had done coursework and defended the research proposal prior to joining the post of Assistant Professor as on 26.12.2012). As per the this document as mention on Part III, Section-4, Page number 7918 (The Gazette of India, September 18, 2010), Item no 9.5 (here goes the link ). I am eligible for 3 non-compounded increments benefit as per this document, but I have not been given the said benefit. Every time I wrote the UGC, but it refers to to me this document but with no interpretation. I need a great favor from you to interpret, specially point number 9.5 in relation all other points mentioned under 9.0 of the said document. With thanks, Sincerely, Gopal Ram
Utsav Singh Tiwari
17 August 2018 at 11:10
Dear Sir/ Ma'am,
Kindly help me in solving the following issues I am facing:
1. Whether the power of parliament under Article 262 is unfettered and it can pass any act or Supreme Court may use the power of judicial review under that circumstances.
2. Whether the structure of federalism as adopted by Indian Constitution allows the Centre to give directions to State with respect to sharing of Inter-State river waters.
3. Whether parliament under Article 262 can make an retrospective act which nullifies the judgement given by the Supreme Court.
4. Whether there is a difference between a scheme and the Act having presidential assent, passed by the Supreme Court.
Anonymous
07 August 2018 at 22:14
My case status shows the purpose of hearing as orders(with defect ),what does this means in the court of law
Ramandeep Singh
06 August 2018 at 18:28
A person having law degree but he is not enrolled with any state bar council, he is only income tax practitioner.
1. can he write himself as a non practicing advocate ?
2. can he use Advocate before his name.
3. if he published advocate before his name in a newspaper. Where complaint against said person can be made and what is the penalty imposed on him/her by that organisation.
Anonymous
03 August 2018 at 06:39
Respected Experts,
It is often found that the aggrieved party (Officers in government service) who wants to challenge an unfavourable order issued by an Administrative Tribunal in a service dispute, approach the High Court with an Original Petition (OP) and they get numbered as OP (KAT) or OP (CAT) even though the Administrative Tribunal Act does not specifically provide for any further petition or appeal.
Can anyone among the experts tell me the provision under which such an OP is filed?
Regards,
Querist
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Issuance of Caste certificate
Sir,
I belong to kammara ST community in Andhra Pradesh. I have applied for ST caste certificate through ME-SEVA portal in 2013 uploading all the necessary proof. After that I receivedy ST caste certificate issued by MRO. But according to the goms no:58 under SC, ST community certificate regulation act , the kammara ST caste certificate issued by RDO or sub-collector will be valid .So, I applied recently for caste certificate through Me-Seva recently with all the necessary certificates. But this time it was rejected with reply "necessary documents are not provided". So, I request you to give your valuable suggestions to proceed.