Adv. Santosh Mahanor
05 June 2009 at 15:22
Dear Friends,
Can you explain jurisdiction of Section 138 of N.I.Act, or any latest case law / guidelines regarding the same
PRAKASHCHANDRA MARU
04 June 2009 at 00:08
pls provide full information with example of contradiction,omission and addition
thanks to all learned in advance
sadiq
30 May 2009 at 11:44
sir, i was working with a mutimedia (advertisement agency) just 2 months after joining we got to know that the financial condition of the company is very bad and it started pending expense vouchers , salary etc etc , arounf 18 members have left the company dur to the same , and after 8 months of leaving the company our 2 months salary is pending , the owner just gives assurance that i will settle your dues, but no action now we are all fedup with these promises , and we have came to know that the PF deducted from our salary is also not submitted to the PF office as well as our TDS too, the company belongs to some film industry people and they have money too we dont know why they are doing this ,
please suggest what is the fastest and best mode to get our dues
hage nibo
27 May 2009 at 01:04
A central service employee drawing monthly salary of Rs 18,000/- per month deprived of his salaries for the last 32 months due to ulterior intention of his superior authority.
CK Nair
09 May 2009 at 14:41
Sir,
My name is CK Nair, I belongs to Kerala. We have a small house within a plot of 53 cents (more than 1/2 acres) which was purchased by my parents in 1968 and was in the joint name of my father & mother.
I have one sister also.
My mother expired in the year 1986. During 1993, my father had made a deed signed by my father, myself & sister, dividing the property as under:
Out of 53 cents & house:
33 cents & the house jointly for my father & sister.
20 cents to me.
My father expired in 2007.
In fact I have to get 26 cents if it is equally divided, but my father has shown only 20 cents for me, and remaining 33 cents + house jointly to my father & sister.
Is it possible for me to get our property of 53 cents equally divided since my father is no more, and is the deed is lawfully valid, and is my sister have the rights make any deal i.e. selling of her share without my knowledge or permission?
Since my father has passed away, shall I have the rights to get my father's share?
Please guide me sir.
Jaswant Singh
02 May 2009 at 18:11
The governement employee was suspended in the year 1995. The department has not initiate any enquiry till 2009. After a gap 15 years, now the department has ordered the department enquiry for the alleged misconduct committed in the year 1995.
Can the department after 15 years initiate the DE. If no, what is the period during which the department has to initiate the DE.
Can you cite any judgments on this point
vinod bansal
21 April 2009 at 22:06
R/All
An old bus was sold by me someone as the bus was old & documents of bus i.e. Registration certificate were not available at that time so bus was sold by me without documents ,but now purchaser due to his malafide intention has served me a notive for giving him documents within three days ,bus was sold in 2001 i.e. eight year prior,no any latter or notice was send by him for documents, now all of a sudden he has required documents. I want to know what is time limit/limitation for filing civil suit of direction for giving documents to purchaser in this matter if any by purchaser against me.Thanks
ANANDARAJ
24 March 2009 at 13:29
please tell me a good reputed books for legal draftings.
Jitendra Raval
21 March 2009 at 20:21
The complained in filed by a wife against husband during the currency of the marriage. No divorce petition filed till the date. The facts of the matter are as under:
01 It is not mentioned in the complaint that the accused is the husband of the complainant. It is mentioned that, the monetary transaction took place in a friendship as both of them working in a Bank.
02 It is mentioned that, complainant deposited Rs. 2 lacs in accused account who was transferred to Delhi when transaction took place and related ‘Pay in slip’ is also filed in by the complainant. During the transaction the relation between the two was at pick. She requested husband that let us have joint fixed deposit in the bank for the entire amount. The amount was the sell proceed of a house which she acquired from her ex-husband.(Main intension was to escaspe from the tax liablility by transfering the amount without knowlodge of accused).Accordingly husband kept the amount in Fixed Deposit account. Operating instruction was either and Survivor. The account opening form was singed by both.
03 After transfer to Delhi husband handed over three blank cheques to wife as insurance premium was due immediate to his transfer. But on due date wife told that the cheques are misplaced and hence husband made the arrangement from payment from different account and hence cheque remained with the complainant.
04 After sometime when wife was in need of money husband remitted Rs. 1.20 lacs out of Rs. 2 lacs to wife through Demand Draft. This fact also not mentioned in the complaint.
05 Once relation between the two spoiled, the wife deposited two cheque out of three blank cheque in the bank for Rs. 2 lacs towards principle and Rs. 42000 towards interest in the bank which returned unpaid without any knowledge to the accused as the account was dormant since long.
06. First notice served but address was written in Gujarati Language and hence could not reach to accused. But no action was taken by complainant without any reason.
07 After few days, she deposited third cheque which was returned unpaid. On this basis notice was served and once again address was written in Gujarati language including numbers pin code flat number etc.
08 The husband came to know about such return of cheque when he received court summon. Since husband had not received any notice or intimation, he filed complaint the local post office about the non receipt of Register post. After inquiry by the post office official, replied that, Since the address was written in Gujarati language the postman given the intimation in flat no C-103 instead of C-703 and hence remain unclaimed and returned to the sender.
Considering above facts of the case, I request my seniors and experts to offer their comments on following aspects.
01 Whether it will be treated as ‘Business Transaction’ Or transaction in a ‘Relation’
02 Whether it will be treated as ‘Consideration passed to the accused’
03 After confirmation by the post office that, it is not delivered to the accused whether it will be termed as ‘Notice served’ to the accused keeping in light of General clause Act 27?
04 What about two notices served? The case will be based on first notice or second. The date of filing the suit is after 60 days of returned of 1st cheques. The cause of action will start after 1st notice or 2nd notice? If we consider 1st then, the suit will be treated time barred.
05. The complainant has submitted only statement of account of the accused account which she get from the bank as a proof of debt.
06 Whether it will be termed as ‘Legally enforceable Debit’?
07. The wife has not given in writing that cheques in quetion were misplaced. It was oral communication between husband and wife.
08 Can accused approach High court for quashing the criminal complaint? If so what grounds?
09. Can accused file a complaint before Hon.Megistrate under CrPc 156(3) and demand police investigation and crminal case again
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Can the Govt.employee claim promotion as a statutory right?
I am working in PSU of State Government of A.P.
The method of recruitment and qualifications for filling up of the Joint Secretary is as follows:-
Method of Recruitment : By promotion from the cadre of
Deputy Secretary.
Qualifications : i) Must be an approved probationer as
Deputy Secretary.
ii) Must have worked as Deputy Secretary
for 2 years.
Further, it is ordered that :-
“The Joint Secretary post shall be downgraded as Deputy Secretary as and when the incumbent vacates the post on superannuation or otherwise.”
“The Joint Secretary post shall be filled up as and when any one of the Deputy Secretaries become eligible.”
At the time of retirement of the incumbent holding the post of Joint Secretary on 30-6-2007, I have completed 1 year and 10 months in the cadre of Deputy Secretary. As no eligible candidate is available for promotion to the post of Joint Secretary, it is downgraded as Deputy Secretary in July 2007. By August 2007 I completed the required service of 2 years in the cadre of Deputy Secretary for promotion as Joint Secretary and I am the seniormost Deputy Secretary eligible for promotion to the post of Joint Secretary. I am fully qualified and eligible for promotion. I submitted number of representations to the concerned authority for considering my case for promotion as Joint Secretary by upgrading the Deputy Secretary (which should be done as per the existing rules). No action is being taken by the authority. What is the remedy for me? Can I claim promotion as a right? Please show me the ways for promotion.