Mohammed Rizwan Shaikh
24 August 2014 at 02:35
Dear Experts,
I have a friend who is an Advocate, took the case of illegal construction done by the Trustees of a Mosque. In retaliation to this case, the Trustee filed a complaint with the local Police Station 2 months back by stating that, the Advocate has demanded 10 lakhs to take the matter back. The Trustees produced false witness in the said complaint. The local Police Station called the Advocate to take the statement which he gave.
Now, it has been learnt that the local Police station have filed an FIR against the Advocate friend. However, the Advocate managed to get interim stay from the session court after file ABA. It will be heard on 25th Aug 2014.
At this instance it is crystal clear that the Police under pressure was able to file false FIR that too against an Advocate for the extortion of money.
What remedy lies with my Advocate friend?
I would appreciate if you experts help me with the HC or SC judgement to quash the false complaint and FIR, in turn suspend the culprit officer and false complainant.
Regards,
Rizwan Shaikh
swetha
11 August 2014 at 22:55
sir,
there is a partition suit filed by my friends father and its been he got an exparte decree in his favor and know he wants to file an ep.. my question to u is after my friends father gets the final decree is it compulsory for him to get his share registered at registration office..
if yes should he go for a sale deed or any other deed.
kindly suggest me what should my friend and his father should do.
Pete
23 July 2014 at 08:45
An Indian citizen when abroad cheated me by bouncing a cheque. I have filed a criminal case and it has now come before the high court.
The indian citizen is now in India.
1. Do I still need to get permission from the Central Government to prosecute the person even if he is india.
2. If so what is the procedure or form that should be used to get permission from the central government to prosecute this person.
Regards,
Pete.
Jasim
10 July 2014 at 23:18
I appeared in the recruitment test of a maharatna psu. I qualified the written test and appeared for interview. According to the recruitment advertisement I was eligible for multiple disciplines and by virtue of my performance in written test I was deemed eligible to be interviewed for 4 disciplines. there were 2 interview boards, first one interviewed me for only 1 discipline (Production) and awarded me 8 marks out of 15. second one interviewed me for the remaining three disciplines (Mechanical, Drilling & Cementing) and awarded me 10 marks out of 15. in the second board seperate marks for seperate disciplines were not awarded, they awarded a single interview score which was to be used for all the three disciplines. other than that, 25 marks were for qualifying exam. if a candidate had the requisite qualification he was awarded 20 marks out of 25 and if he had the next in line qualification(PG) he was awarded 25 marks out of 25. I came to know all these via RTI applications. I was not selected after interview. I filed an RTI application to know my marks. I got 88 out of 150 in written, 8 marks in first interview and 10 marks in second interview and i got 20 marks for my qualifying degree. As explained in the reply to the RTI application marks scored in written test were first converted to out of 60 and then added to interview marks and qualifying exam marks to arrive at the final merit list. moreover, 9 marks were fixed to be minimum qualifying marks in the interview. according to this information I was ineligible to be considered for the discipline covered by first interview board and I was eligible for the remaining three disciplines covered by second interview board. my total score for the disciplines covered by second interview board comes out to be (88*60/150)+10+20 = 65.2 out of hundred. and the cutoff marks for final selection for my category were 64.8, 64.8 & 66.6 for Mechanical, Drilling & Cementing disciplines respectively. according to this information I got marks that were more than the cutoff marks in Mechanical and Drilling disciplines. but the reply to my RTI application states that "board 2 found him fit for Cementing discipline only". I filed another RTI application, asking them, among other things, to list various criteria that were considered while deeming a candidate fit for a certain discipline, as any such clause wasn't mentioned in the original recruitment advertisement. moreover I asked them whether they took into account the candidate's preferences (that were asked in while applying to the recruitment) while deeming a candidate fit for a ceratin discipline. my preferences were in the order Mechanical, Production, Cementing, Drilling. I recieved a response from the CPIO to my application but he didn't answer my question in which I asked to list the criteria that were considered while deeming a candidate fit for a certain discipline, neither did he explained whether a candidate's preferences were taken into account while doing so. in fact he didn't even mention the question in his response. my question is how should I proceed further. I am not well versed in what the law says on such instances, but what I understand from common sense is that when a single interview score was awarded for all three disciplines then both merit and preferences should have been taken into account to prepare the final merit list (like UPSC does). And if such a rule (which allows an interviewer to randomly find a candidate fit for a discipline) random existed they should have mentioned in the recruitment advertisement. instead of doing that, the interviewers found me fit only for Cementing without any particular reason and when I enquired for the same they didn't provide me with an answer. not only that, they completely ignored my preferences of disciplines. I can understand the fact that there is some subjectivity as far as interviews are concerned, but that subjectivity ceases to exist after the marks for interview are awarded. after that only the total score and the preferences of candidates are used to prepare merit lists. so please help me figure out what I shall do next. thank you
Shailesh
24 June 2014 at 21:10
Sir
This pertains to HARYANA
A GROUP HOUSING PLOT WAS ALLOTED BY HUDA HARYANA URBAN DEVELOPMENT SOCIETY
the permission was to build 50 flats.
The Builder and Management committee were hand in hand.
thus there were 50 shares .
They built 54 flats.
But they were unable to get completion for 54 flats.
So they showed 46 flats + 4 pent houses = 50 flats and took completion
For over construction (Excess construction) they paid penalty .
these 4 pent houses were never pent houses - but 2 individuals flats in each.
The builders realised that a very huge unit of 6 rooms would get little buyers and would not fulfil his greed.
These 4 pent houses were allotted either to the builder / president of the society - in joint names (A+B - for example)
Later A+B - who were brothers approached a local court for partition - family settlement and partitioned the flat .
The earlier flats were numbered 801/901/804 and 904.
The flats were partitioned and new flats 801 and 801A , 901 and 901A were created .
Ideally while a flat can be partitioned - the share certificate can not be and it should be sold as a single unit .
The same was not satisfying the builders greed (As I said Such a big unit would not command higher premium)
The builder and management committee - passed resolution to increase share holders by 4 siting the court partition judgement.
I was sold one such flat created .
I have been sold flat no 801A.
The flat originally was 801 - and was originally allotted to Mr Sunil Gupta And Mr Anil Gupta .
It was partitioned and they took the flats 801 and 801A .
Mr Sunil Gupta sold me 801A.
Mr Anil gupta who was brother of Sunil Gupta was also the President of the society during this .
Mr Anil gupta now wants to move out.
A faction of the society has now raised concerns on the 4 invalid shares (One of which is mine)
Please advise
1)Can Shares in Group Housing Society be increased
2)WHat are my legal options
3)I want to restrain Mr Anil Gupta from selling the other unit to another innocent person .
Rgds
nit
19 June 2014 at 00:49
my friend working as bank officer denied a cheque payment due to sign mismatch,the person who presented cheque threathened him to beat blue and black in front of all.
what is the action he can take and what is needed by him ,it would be helpful if you provide detail info. thanks
john k
25 May 2014 at 05:40
Sir ! I hv finised obtaining legal heir certificate, now since my family members are not able to come to me now, is there anyway we make a settlement deed without their presence or they instead send a declaration without having to come or is there any other option, since my father died intestate i was advised to make a family settlement deed, now can i change the title of ownership without the said doc or obtain the said doc first n then change title or vice versa, and can i register it in my name without the settlement deed as on mutual understanding we hv divided our shares. please suggest. Would be grateful...!
Tarun
13 May 2014 at 21:43
Dear all,
I had joined a bangalore based college in 2006 and after 2nd year due to financial problem i had to discontinue the course.Now when i went to the college to ask for my documents,the college is asking me to pay the remaining 2 years fees.The Principal of the college wrote down in my application that since i had discontinued midway,i had to pay the college compensation of one seat.Its been 8 years and according to the university rule(which the college is affiliated to)if a student fails to complete the course in 8 years he is awarded NFTE(Not fit for technical education).And by those rules i have got NFTE.Now the college is saying i had signed an agreement during the time of admission that i would pay all my fees if i choose to leave the course midway.The agreement is a one page terms and condition which was there in the back of the admission form which i had filled during the time of admission.it states that the document will be under the custody of the university until the course if finished which is purely false.Three days back i read in the newspaper about my college where the High Court of karnataka has ordered my very same college to return the docs of one of the student who had filed a case in the court.
I need urgent Help.Please guide me respected peoples.What should i do.
Thank you
sushant
13 May 2014 at 15:54
Sir, I am a CA and filed a RTI via my friend (so that they dont know my name) to SAIL. I had appeared for its recruitment process in 2013; but my name wasnt there in the final list despite my strong performance. As the situation during the gdpi suggested that there was some favoritism; I wanted to know my marks and the marks of those who were selected".
They didnt reply the first RTI which I had filed in jan2014;so I filed a new rti in march 2014 via RTI Ministry of Steel who forwarded to SAIL.
So I drafted the following RTI... But the reply i got was "info denied under 8(i)(j) "... For all the questions.What to do,sir?
"Kindly provide me with the following information requested under the purview of RTI ACT 2005.
Q1. What was the cutoff of the written examinations of Management Trainee (MTA-Finance) held in
2013 all over India.
(i) Kindly provide sectional cutoffs as well as Overall Cutoffs.
(Ii) Kindly provide information relating to the cutoffs of
a) General Category b)SC/ST category c)NC-OBC Category
Q2. As on date, how many foreign nationals are working as employees of Steel Authority of India
Limited(henceworth mentioned as SAIL).
i) Please give numbers/info how many are full time and how many are contractual
ii) Please give country wise statistics
Q3. Please give me information relating to the attendance of examinees/candidates of Finance stream ie
MTA-Finance for GD and PI of SAIL Recruitment Exam 2013:
i)Dates and Place ii)No of candidates called iii) No of candidates present iv) No of
candidates absent.
Q4. Kindly provide me with the data/information of “all the SELECTED CANDIDATES of MTA FINANCE” of
MTT/MTA 2013 examinations of SAIL Recruitment Exam 2013, regarding the particular areas:
a) Marks scored in Written Examinations (along with sectional scores)
b) Marks scored in Group Discussion
i) Total Marks in GD ii) Marks in Round 1,2 and 3 of the Group Discussion
c) Marks scored in Interview
d) Date of GD and PI
Q5.Kindly provide with the data of the ALL the MTA-finance candidates who appeared for GD and PI on
25.11.2013 in Hyderabad,AP for SAIL Recruitment Exam 2013 regarding:
a) Marks scored in Written Examinations (along with sectional scores)
b) Marks scored in Group Discussion
i) Total Marks in GD ii) Marks in Round 1,2 and 3 of the Group Discussion
c) Marks scored in Interview
Q6. Kindly provide me with the names of the MTA-finance candidates of SAIL Recruitment Exam 2013
who were allowed to appear for GDPI provisionally? Please state the reasons of allowing them
provisionally and how were the reasons dealt with, later on?
Q7. Please give the names of the MTA-finance candidates of SAIL Recruitment Exam 2013 who were
allowed to appear for GDPI provisionally but were later disqualified? Please give the reasons as well.
Q8. Were the candidates of Q7 informed by the SAIL officials later on about their disqualification.
Q9. Regarding, SAIL Recruitment Exam 2013, Kindly provide information about the place of posting and
reporting along with the following bifurcation i) Name of selected MTA finance candidate ii) Final place of posting in SAIL iii) Reporting date and place
Q10. I had applied for RTI on 30-01-2014 to CPIO,SAIL which was delivered to the CPIO as on 1.2.2014.
Indiapost Speedpost Ackowledgement: EG197701682IN
Application fees paid by IPO: No: 96E 037099 GANDHINAGAR P.O Date: 30.1.2014
Regarding the same,plz provide me the following info:
Q10a) Has the reply of the abovesaid RTI application been sent to me (applicant) within the mandated
30 days period? If not, please give the reasons of the delay. If yes, please furnish proof of the receipt by me or dispatch by CPIO,SAIL,New Delhi.
Q10b) When was the answer to the abovesaid RTI application (of mine) dispatched from CPIO,SAIL,New
Delhi?
*****************************
1.How to draft my first appeal?
2. Are there cases in HC/SC which I can cite to get favorable response from the first App. Authority.
If govt colleges like FMS Delhi can disclose the entire marks,weightages of the selected students in its website for transparency; why cant SAIL do so?
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Specific performance relief
Dear Learned Advocates,
Here is a confusion over the Specific Performance Relief and I request you to share your views.
A fraudster executed Power of Attorney on our ancestral house which is in our possession and occupation till date. The fraudulent power agent made a Sale Agreement and registered the same with the Registration Department. In the meanwhile, the executor of the GPA cancelled the GPA. Knowing the cancellation of the GPA, the power agent, with the help of a notorious lawyer filed a suit in the District Court under the Specific Performance Relief, the suit being filed by the buyers saying that the seller (Power Agent) is not coming forward to register the Sale Deed though they are ready to pay the balance amount.
Very cleverly, on the very first day of hearing, they submit a petition to the court saying that they have reached a compromise and wish to transfer the case to Lok Adalat. The district court too permitted and in the Lok Adalat they got an award and showing the award to the local registration office, they registered the Sale Deed.
I filed a suit in the Honourable High Court of Madras seeking to quash the Lok Adalat.
I was told that A stranger to an agreement of sale cannot challenge the Specific Performance Relief but the Supreme Court in one of its order has overruled it.
Can anyone throw more light on it ?
Thanks & Regards
Balaji