shubham
18 October 2009 at 15:32
hello friends...
It's very unfortunate that so many fake cases are done on the poor and week by rich and influential people . Our world's one of the most corrupt police comes in such influence and start raping the freedom of innocent without any mercy . Anyway I need a suggestion in one of such cases done on me . I am shubham working in a private construction firm in aurangabad, maharashtra. Here I came in contact with son of member of parliament(should not mention name) who claimed to be my very good friend . One day he told me that he is interested to work in my company and I should vouch for him to hr manager , but I gave up becoz me myself don't have good relation with him . This made him angry ,he stopped talking to me . Though I tried hard to explain him but he was not ready to listen . with time I ignored him , but his grudge aggregated in due course and one day I came to know that he is preparing to take some sort of revenge .Then my hr in office informed me that they have received an application where the complainant has claimed that I have taken 5 lac rupees for job in my company . Though the hr helped me and replied him back that I am not the authority and rest issue is personal . I was in damn tension after that , every new day a police officer would call on phone and tell me to give him money . When I told story to my general manager he transferred me to nasik .Then I came to listen that he has filed a 420 ipc complainant on me . Hehe that man have never spent 5 rupees on me , how would he give me 5 lakh. Anyways I immidiately applied in session court and when rejected applied in mumbai high court . It was granted on 5th oct with a validity of 2 months . Also after hearing both sides the h'ble judge wrote 'in the lights of fact this court is inclined to grant him anticipatory bail , without commenting further on merits this court orders.....'.
Is it a first victory..?
Can this anticipatory bail be challenged as the complainant is son of m.p and has good relation with local police and administration ?
now what to do ? can I apply for regular bail within this time period before validity of AB expires . I can easily get bail by police but what about court on surrender .
I have a family to support , my kids are small . I don't want to land up in jail . Also I am not ready to give up to atrocities of police , I am ready to loose everything but not bend on my kne
smitha
18 October 2009 at 15:07
dear sir,
I am a housewife from trivandrum and I had completed my Degree. I wish to start an MLM marketing, ie. I market a product of Rs.20/-and distribute that product to 5 persons by accepting a commission and that 5 persons refer another 5 persons each like that, by accepting the commission. I want to know is this marketing legal or not. I am willing to pay tax for this. Kindly give me advice about this,that I continue this type of marketing or not.
smitha
ghansham das
18 October 2009 at 14:57
DEAR ALL,
THERE IS QUESTION BY MR RAVI, 17 OCT,09.
FORM 32 SUBMITTED , GIVES RELIEF?
MY QUERRY-
*IS IT REASONABLE FOR COMPLAINANT TO KNOW BEFORE FILLING COMPLAINANT AGAINST THE CHAIR PERSON PRESENT ON CHAIR/ ?
*WHEN ROC WILL NOT REPLY WITH IN TWO WEEKS OF TIMES AS REQUIRED TO FILE CASE U/S 138 AFTER NOTICE IS SERVICED,?
*IS THE COURTS JUDGMENTS DRAW A LINE THAT CHAIRMAN/ DIRECTORS, BOARDS ARE NOT GUILTY?
IS THAT COURT IS NOT ABLE TO JUSTIFY THAT THE BENEFICIARY IS BELIVED TO HV FAITH IN SYSTEM, JUSTICE, NOT LINGERING PROCESS ENDLESSLY???
PLS CRALIFY..???
after going hro' jc scc it is felt that the court is merely passing some orders with out keeping in view that how the complainnat is suffering for justice, is over looked, after years after years, what the use of it, if the same money is paid after ten-twenty years????
gdgupta10@rediffmail.com
Nilesh Kumar
18 October 2009 at 14:04
Hello sirs
I joined an private organization as research analyst and offered ESOP apart from salary .It was said ESOP will be decided by the Board of Directors. Now I am denied ESOP stating that BOD has decided none.
My question is can I seek information in regard to denial of that ESOP from my company under RTI Act. If yes, how can I proceed?
Thanks
Nilesh
Smita
18 October 2009 at 13:31
Could you please tell me how to get a bare text of the Nimbus case, or how the assessee (Nimbus) tried to refute the royalty contention raised by the revenue?
Thank you.
vinod kumar pandita
18 October 2009 at 12:46
Sir/Madam,
I am a kashmiri hindu who were terrorised & forced to flee the valley.I am Working as C/C in R.R.Bank.In 1994-95 central Govt.allowed our bank to open some branchs in Jammu & Udhampur Distts.to adjust the Hindu migrant staff & the persons Who migrated outside jammu were adjusted in our sponsor bank i.e SBI till there retirement.Now our chairman who happens to be a muslim is adamant in opening the branches in militancy infested areas thus posing threat to our lives & forcing us for 2nd migration can we legally restrain him for opening brnchs.in militancy areas
ramani
18 October 2009 at 12:02
My father's society has adopted the model byelaws 2001 based on which the society members are being charged equally for all expenses incurred by the society on expenses underataken towards repairs and maintenence of land on which building is standing,compound walls,pump house,staircases,landings,open terraces etc.These are as per interpretations available in model bye laws (page 2) .The Dy Registrar has confirmed sucha treatment and hence same is being followed irespective of area occupied by each member Repairs and mantenence of building(except common areas like landings stairway,terrace )are being done on sq ft basis).
The issue now is FSI is on the land which society holds.Presently by buying TDR ,the society can develop additional area equivalent to twice the gross area less presetly occupied. If the society goes for redevelopment ,based on the byelaws and the expenses as detailed above being collected from members ,some members are of opinion that the benefits arising out of FSI should society go for redevelopment should be shared equally and not on square foot presently occupied. Is this interpretation correct? Are there any case laws or precedents in this.Pls advice
PJANARDHANA REDDY
18 October 2009 at 11:49
MEDICAL COUNCIL OF INDIA
Vs.
RESPONDENT:
INDIAN DOCTORS FROM RUSSIA WELFARE ASSOCIATIONS & ORS.
DATE OF JUDGMENT: 08/03/2002
BENCH:
S.Rajendra Babu, K.G. Balakrishnan & P. Venkatarama Reddi
JUDGMENT:
[WITH C.A. Nos. 2808/2000, 2809/2000, 2811-2863/2000, 2787-2803/2000, 2804-2807/2000,
2810/2000, 2782-2786/2000, T.P. (C) No. 103/2000
and W.P. (C) No. 215/2001]
J U D G M E N T
RAJENDRA BABU, J. :
CIVIL APPEAL NOS. 2779/2000, 2808/2000, 2809/2000,
2811-2863/2000, 2787-2803/2000, 2804-2807/2000,
2810/2000, 2782-2786/2000
Writ Petitions were filed in different High Courts by persons who
had undergone courses in medicine in medical colleges in the
erstwhile USSR. After disintegration of USSR, their admissions ran
into difficulties either not having studied in recognised colleges or
partly in recognised and partly in non-recognised colleges or they had
not completed their courses in full. The Medical Council of India (for
short ’MCI’) also entertained serious doubts as to the genuineness of
some courses undergone by various students, thus leading to
difficulties on the question of recognising their degrees and their
registration as Medical Practitioners. MCI took the stand that when
their initial admission in non-recognised institution could not be
accepted, their transfer to recognised colleges subsequently cannot be
of any benefit. MCI also passed various types of orders either during
the pendency of the proceedings before the courts or otherwise in
relation to recognition of the degrees or registration of such persons as
practitioners. The Delhi High Court allowed those writ petitions and
granted reliefs to the concerned doctors which orders stood affirmed
on appeal, while Allahabad High Court granted interim order, which
stood affirmed on appeal MCI is in appeal before us.
Several contentions have been raised in support of the orders
under appeal and opposing them. In fact, this Court also made an
interim order on April 17, 2000.
This Court, while hearing this matter on different occasions,
made the observations in the best interest of all concerned that the
Government of India should formulate an appropriate policy bearing
in mind the human problem arising in relation to the doctors in
question.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 4
Now, Section 13 of the Indian Medical Council Act, 1956
[hereinafter referred to as ’the Act’] has been amended by Act No. 34
of 2001 which would cover situations as arising in the present cases.
The Regulations for conduct of the screening test and for issue of
Eligibility Certificate by the MCI to the students proceeding abroad for
studies in medicine have been approved by the Government of India
and sent to the MCI. The MCI has sent the same on 18.2.2002 to the
Government of India Press for publication in the Gazette and those
Regulations, in brief, provide as follows :-
(i) An Indian citizen possessing a primary medical qualification
awarded by any of the medical institutions outside India
and desirous of getting provisional or permanent
registration with the Medical Council of India or any State
Medical Council on or after 15.3.2002 shall have to qualify
a Screening test conducted by the prescribed authority for
the purpose of their registration in India. A person seeking
permanent registration shall not have to qualify the
Screening test if he or she had already qualified the same
before getting his or her provisional registration.
(ii) The primary medical qualification possessed by the Indian
citizen should be a recognised medical qualification for
enrolment as medical practitioner in the country in which
the institution awarding the said qualification is situated.
(iii) Any Indian citizen who is desirous of taking admission in an
undergraduate medical course abroad on or after 15th
March, 2002 shall have to obtain an Eligibility Certificate
from the MCI stating that he or she fulfils the minimum
eligibility criteria laid down by the MCI for admission in
MBBS course in India. He shall also have to produce the
same at the time of appearing in the Screening test, after
completion of his degree abroad, for the purpose of
obtaining registration in India.
Under the provisions of the Act a person has to successfully
complete compulsory internship of one year after getting provisional
registration and all persons who applied for provisional registration
and have to do the internship on or after 15.3.2001 will be required to
quality the screening test as per the provisions of the Screening Test
Regulations, 2002, as they would become eligible for permanent
registration on or after 15.3.2002, that is, after successful completion
of one year internship. However, the Government noticed that there
are a number of persons who have applied to the MCI for grant of
provisional registration after completion of their degree abroad prior to
15.3.2001 and have not been granted provisional registration by the
MCI for the various reasons, such persons fall into following
categories :-
(a) Those who did not undergo the complete duration of six
years of the medicine course from institutes recognised by
MCI;
(b) Those who did not fulfil the minimum eligibility criteria
for joining medical course laid down by MCI at the time of
their admission in the medical institutions abroad,
particularly in the erstwhile States of USSR; and
(c) Those who came back with medical degree which are not
recognised by the MCI.
In order to regulate the grant of registration to such persons
who have completed their degree abroad prior to March 15, 2001, the
following guidelines are placed before this Court by the Government
of India :-
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 4
(A) The case of all persons who applied for registration to MCI prior to
15.3.2001 shall be dealt with according to the provisions of the
Act as existing prior to the commencement of the IMC
(Amendment) Act, 2001 subject to the following :-
(i) Those students who obtained degrees where the total
duration of study in recognised institutions is less than six
years (i.e. where a part of the study has been in unrecognised
institutions, or the total length of study in a recognised
institution is short of six years), shall be granted registration by
MCI provided that the period of shortfall is covered by them by
way of additional internship over and above the regular
internship of one year. In other words, for such categories of
students, the total duration of study in recognised institution
plus the internship, would be seven years, which is the
requirement even otherwise.
(ii) Where students who did not meet the minimum
admission norms of MCI for joining undergraduate medical
course, were admitted to foreign institutes recognised by MCI,
this irregularity be condoned. In other words, the degrees of
such students be treated as eligible for registration with MCI.
(B) All students who have taken admission abroad prior to 15.3.2002
and are required to qualify the Screening Test for their registration
as per the provisions of the Screening Test Regulations, 2002 shall
be allowed to appear in the Screening test even if they also come
in the categories of circumstances contained in A(ii) above, as the
relaxation contained therein would also be applicable in their
case. In other words, any person at present undergoing medical
education abroad, who did not conform to the minimum eligibility
requirements for joining an undergraduate medical course in India
laid down by MCI, seeking provisional or permanent registration
on or after 15.3.2002 shall be permitted to appear in the
Screening Test in relaxation of this requirement provided he had
taken admission in an Institute recognised by MCI. This
relaxation shall be available to only those students who had taken
admission abroad prior to 15.3.2002. From 15.3.2002 and
onwards all students are required to first obtain an Eligibility
Certificate from MCI before proceeding abroad for studies in
Medicine.
(C) The categories of students not covered in A(i) & (ii) above and
whose entire period of study has been in medical college not
recognised by MCI, will be allowed to appear in the Screening test
for the purpose of their registration provided they fulfil all the
conditions laid down in the IMC (Amendment) Act, 2001. In other
words, the qualification obtained by them must be qualification
recognised for enrolment as medical practitioner in the country in
which the institution awarding the same is situated and they
must be fulfilling the minimum eligibility qualification laid down
by MCI for taking admission in an undergraduate medical course
in India. They shall not be entitled for any relaxation.
In the special features and circumstances arising in these cases,
it is unnecessary to consider the various contentions urged on behalf
of the parties but, we propose to dispose of these matters by
approving the guidelines set forth above in exercise of powers under
Article 142 of the Constitution and these guidelines will be applicable
to all such persons who are similarly situate whether they are parties
before this Court or not. In respect of those who have already applied
for registration to MCI, the same shall be granted or refused within a
period of 15 days from today in terms of this order. On grant of such
registration, the students shall undergo the internship or the
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 4
housemanship, if needed. It is made clear that these guidelines
approved by us are by way of one time measure. Future cases will be
governed by the revised Regulations framed by MCI as approved by
the Government.
The orders of the High Courts shall stand displaced by this
order and these appeals shall stand disposed of accordingly. Any
proceeding pending in any High Court relating to these matters shall
stand withdrawn to this Court and disposed of in the same terms as
aforesaid.
W.P. (C) No. 215/2001
The writ petition will stand disposed of accordingly.
T.P. (C) No. 103/2000
Writ petition filed in the High Court is withdrawn and disposed
of in the same terms as aforesaid.
.J.
[ S. RAJENDRA BABU ]
.J.
[ K.G. BALAKRISHNAN ]
.J.
[P. VENKATARAMA REDDI ]
MARCH 8, 2002.
PRICILLA DSOUZA
18 October 2009 at 11:01
We are a a christian charitable trust based in vasai - near mumbai. An advivasi pratron has expressed his desire to donate approximately 6 acres of land belonging to him for the ministry work. Can u pls explain what are the different regulatoyy formalities needed to make this land on the minstry name .
and what are the differnt aspects that needs to be kept in mind for the usage of the land.
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A BLIND ADVOCATE FROM GUNTUR -WANTS TO BECOME A MAGISTRATE
eligibility of a blind person as magistrate
Category : Civil Law | This query is : resolved
author : Varahala Swami
Posted On
30 May 2008
I, As a blind person, recently completed LL.b. And I have enrolled as an Advocate in A.P. Bar (guntur).
I would like to become a Magistrate.
Can blind persons be eligible for Magistrates?
Expert : KOTRESH M G
Posted On
30 May 2008
Thank the Contributor
A very good question. It should be possible,
but a magistrate performs lot of investigation into documents, articles and is required to identify people, well will you be able to do that.
Expert : R.S.Rajesh
Posted On
31 May 2008
Thank the Contributor
The elgiblity criteria in the A.P. Judicial Services has to be verified and since you are an Advocate , please go through the same with the necessery assistance.If you are otherwise qualified and the blindness is not a disabling factor as per the eligiblity criterai , you can try for the same since you are allready a member of the Bar.
The matter requires to be examined in the light of the above observations.
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