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yogesh   02 October 2009 at 13:48

case laws wrt to roster system

I need case law on theservice matter which says that "roster is to operated on the principle of replacement which says that vacancies caused by the retirement of persons occupying those points shall be filled by appointment of persons of respective category"

Here in the above, the appointment authority has wilfully transferred the seat into other category ignoring the right of waiting list person of the respective category

Please provide the case laws

Regards

yogesh   02 October 2009 at 13:37

case laws

I am contesting the case on the ground that "Appointment authority can act on its whims in making or decling appointment to any candidate"

Please provide the case laws if you come across any

Regards

yogesh   02 October 2009 at 13:31

Model format of written Arguments

Dear Sir,
I will grateful if any one provide me the sample/model format of written arguments of any case so that it will help me in drafting
Please e-mail me at yogeshmmm5@rediffmail.com,
y_mahajan@ymail.com
Regards

Rajesh   02 October 2009 at 12:50

unfair Maintainance application from wife

dear Sir dear freinds
My friend got married to a women who was/is self dependent and 8 years elder to him. She left her government job and was leaving self sufficiant life. My freind got atttracted to her for her self sufficant way of life. They got married. My freind was visitng her on week ends only. This continue for one and half year. during thier comman stay my freind realised they cant live togather and he collapsed mentally and emotionally.
Now he has filed petition for divorce.
The women has filed application for maitainance.
The fact of the case is that that the women, prio to thier marriege was self sufficiant, during their cohabitation at week ends both were spending their own money. When this week end commn stay stopped therafter she is living self sufficant life. This is documented in wife's letter to freinds and relatives and her husband i.e. my freind.
Please help us to fight against her unfair demand of Maintainance. also please supply us information with authority_case laws.
Thanks Happy Gandhi Jayanti to all freinds on Lawyers club. Rajesh Mishra

Atish   02 October 2009 at 12:26

The Dissolution of Muslim Marriages Act, 1939

THE DIVORCE CASE IS GOING ON AND PENDING IN THE FAMILY COURT AND THE PETITIONER(THE WIFE) HAS LEFT THE HOUSE ON HER OWN ACCORD WITHOUT INFORMING ANYONE AFTER FILING THE CASE FOR 3 MONTHS. AFTER THAT TOO SHE HAS GONE AND GIVEN A COMPLAINT IN THE CRIME BRANCH IN THE ‘MAHILA SHAKHA’AFTER A PERIOD OF 3 MONTHS.
THE COUNSELLORS HAVE SPOKEN TO THE PETITIONER AND RESPONDENT IN THE CRIME BRANCH ‘MAHILA SHAKHA’ AND HAVE SEEN THAT THERE IS A PENDING CASE. THE RESPONDENT HAS BEEN TOLD BY THEM TO GIVE THE STATEMENT ACCORDINGLY.
IF THE PETITIONER HAS STILL GIVEN HER STATEMENT OF HARRASMENT THOUGH NOT PRESENT IN THE HOUSE FOR THOSE MANY 3 MONTHS, THAT THEY SHOULD LODGE A POLICE COMPLAINT, WILL IT STILL BE ENTERTAINED BY THE POLICE AND WILL THEY STILL GO AND ARREST THE RESPONDENT.
WHAT IS THE WAY OUT?

SRY   02 October 2009 at 11:33

Regarding transfer of property.

We are 4 owners to a N.A plot in Chakan(rural pune) and to a plot in MIDC(Ranjangaon).One owner wants to leave with mutual understanding.No financial transaction involved.
1)Do we have to pay transfer fees or registration fees?
2)Is there a cheaper way-out?
3)Can power-of-attorney be made so that the leaving-owner need not come for signing?If yes,I have never made a power-of-attorney.Please elaborate.
Thanks
Sanjay

CS Sandip   02 October 2009 at 11:02

No Objection Certificate

Hello Dear Advocates

I am not native of Pune. I am residing at my relative's house in pune. I want to take vehicle in pune and for the registration of bike to RTO i want NO Objection Certificate from Owner.
As i m residing with him and no objection to regi. bike on my add.

Plz Plz Send me format if any of NOC.

Urgent...
Waiting ....
Regards.............CS Sandip

BHUPAL SINGH   02 October 2009 at 10:50

GIFT TAX

Dear Sir,
As I understand from the recent Min of Finance notification reg Gift Tax--
a. Close relatives(father,mother,brother
sister etc) can give both property &
cash as gifts without any limit.
b. Non-relatives or distant relatives
can give tax free gifts both cash and
in kind only upto value of Rs 50,000/-
Above Rs.50,000/- gifts in this case
will be considered as "Income From
Other Sources" and taxed in the hand
of Donee.
Is my interpretation correct ? If NOT, can some learned Lawyer give correct interpretation ?

I shall be highly obliged for this.

Thanking you,

Sincerely Yours,
Major Bhupal Singh ( Retd.)
Presently in Australia

SRY   02 October 2009 at 10:42

Regarding a Private Limited Company.

Myself,my brother and our uncle(my dad's brother) are directors in a pvt. ltd. firm in Pune.The premises where we manufacture belongs to my father in MIDC.It was mutually decided that me n my brother would resign from the firm and uncle would keep the firm but vacate the premises.My father wants us to resign only after my uncle vacates the premises and uncle wants us to sign before he vacates.My father has the fear that uncle will not vacate once we resign and uncle has the fear that we wont resign once he vacates.
Uncle has been handling transactions of the firm and we assume fraud activities since want to get rid of it ASAP so that we have no liability.
My Questions-
1)Any way-out so that both parties are satisfied?
2)Since me and my brother form majority,what rights do we enjoy to teach my uncle a lesson?
3)Is it possible to suspend a director in pvt. ltd. co., if yes how?
Regards,
Sanjay

sanjay kumar patibandla   02 October 2009 at 09:30

evidence act

One witness deposed that he observed the accused 1 to 8 form the window at mid night 3 o clock. But he never deposed regarding light. I too never questioned him regarding light.

please send me the relevant citations. Entire my case is depended upon this issue. case is under section 458 of IPC