A.Mohamed Thaheer
19 May 2009 at 22:24
Under article 226, of the constitution of India, the writ was allowed by quashing the CAT order, but on reading the judgment, there is clear apparent error on the face of record, and also the statutory rule under CCS (Pension) Rules, 1972 framed under article 309 of the Constitution has been com pletely ignored, and also without verification of the records and application of mind by the judge?
How this wrong judgment could be cured?
Whether the same Bench could correct the error knowing fully convinced that the judgment given by the Bench is wrong on the face of record.
A.Mohamed Thaheer
19 May 2009 at 22:15
Whether the Judge having territorial jurisdiction in conducting criminal cases, have powers under his official designata to conduct the case without getting powers under his personal designata for taking cognizance of offence under the Prevention of Corruption Act, 1988, which is specific and specific Act, only meant for the Govt.,/Quasi-Govt. employees and all public servants as defined under section 21 of the Indian Penal Code.
If the Judge takes cognizance of the offence, on a particular date on which the Judge had no powers to conduct the case under his personal designara, Is the cognizance taken by the Judge is valid?
Whether such cognizance taken on a particular date could be legally ratified, if the sanction of the competent authority is obtained subsequently, says after 9 months of taking cognizance of the offence.
What is the legal implication of official designata and personal designata?
Swami Sadashiva Brahmendra Sar
19 May 2009 at 20:12
In his statements during trial an accused denied his confessional statement given under s. 164 Cr.PC . which of the two statements given by accused will prevail , one given under s 164 or that given during trial ?
Navneet Bali
19 May 2009 at 19:44
1-What are the advantages of executing agreements with domestic clients on non judicial stamp papers in India?
2-What is the legal stature/enforceability of the agreements entered with domestic clients on non judicial stamp papers in India?
3-Are agreements executed in India with domestic clients on plain papers equally valid?
A.Mohamed Thaheer
19 May 2009 at 18:33
What criminal/civil action could be taken against a woman govt. servant who had given a false complaint of sexual harassment in the
Govt. office and later decided by the committee that the charge could not be proved since the complaint had declined to appear before the committee of inquiry,which was constituted according to the guidelines of the Hon. Supreme Court of India, in the case of Vishaka & Others vs State of Rajasthan (1997)
A.Mohamed Thaheer
19 May 2009 at 18:25
A Govt. servant had given a damaging, false, and malicious statement against his superior officer in an vigilance inquiry resulting to withholding of retiral benefits on the date of retirement and to till-date.
But, the police officials after inquiry,dropped the complaint, since, the complaint was baseless and could not be proved.
I have suffered mental torture, financial loss and diminishing of social status etc.,
What action I can take against the Govt. servant, since I wish to take both criminal and civil action. What is the period of limitation in both the cases
Anwar A Noor
19 May 2009 at 17:20
I had sold materials to one partnership firm & had collected Post dated Chq's from them. The cheques have bounsed for reasone exeeds arrangement & stop payement. It was my first transection. On return of chqs i have given him notice U/s 138 & intend to file suite against him. & they are denying all the transections.(the party has also defaulted with its bankers & his factory is Morgetged & bank intends to issue him notice under surfassi act)
If along with 138 i also file a summery suite to recover my dues but since his factory is morgetged i also feel need to file summery suite agains him so as to have my rights also on his factory's sale proceeds after banks payement is cleared.
Now i what to know,
Is it possible to get compensation from court of 138 as well as recovering my money by fileing summery suite in civil court? as i have learnt that 138 courts gets you only compensation or Jail to accused & not recover your dues Whereas only summery or civil suite can give you rights on defendents property to recover dues.
Kindky reply at earliest as i have very littel time
Savita
19 May 2009 at 16:40
Dear Friends,
My Company manufactures Malt by germinating barley in germination boxes. Germination boxes are made as cemented structures by using building material. Now, sales tax authorities argues that germination boxes are part of building while my company argues that it's a part of Plant & Machinery because without making germination boxes we cannot germinate barley for making Malt.
We want to make some more germination boxes and wants to buy material by using 'C' form under Central Sales Tax Act.
Please guide me that how should we proove before the sales tax authorities that germination boxes are a part of plant & machinery. Please also quote some case laws on this.
A.Mohamed Thaheer
19 May 2009 at 15:24
1) Will you please explain the true spirit and concept of section 19 of the Prevention of Corruption Act, 1988?
2) At what stage, legally valid sanction for prosecution has to be obtained in a criminal case connected to the official duties committed prior to his retirement from the Government service?
a) Prior to the commencement of the investigation, (OR)
b) At the time of investigation, (OR)
c) During the middle of investigation,OR
d) After the completion of investigation,
(OR)
e) After filing the final report/Charge
sheet filed under section 173 of
Cr.P.C.,
(OR)
f) After cognizance taken by the
competent Special Judge, (OR)
g) After preliminary examination of the
accused, (OR)
h) After charge sheet framed by the
competent judge, (OR)
i) During the commencement of the trial/
middle of the trial/at any stage
during the trial/before delivery of
the judgment.
2) If the sanction for prosecution
obtained nearly 11 months before the
commencement of the investigation is
valid?
3) If the competent Special Judge takes
cognizance of the offence relying upon
the sanction obtained prior to the
commencement of the investigation/in
middle of the investigation , whether
cognizance taken is valid or ab-initio
void?
4) Whether, the cognizance taken by the
District Judge for whom no powers are
delegated by the Govt. under the name
of personal designata is legally valid?
What is the legal remedy on the above
situation?
5) If the valid sanction is given for the
Judge for conducting cases under the
P.C.Act, after 6 months period of
taking cognizance of the offence,
whether the proceeding commenced is
legally valid.
Please give me your expertise opinion
point by point with clairity, citing
supreme court case laws for all my
questions in support of my questions.
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