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devansh   11 August 2018 at 00:04

Notional promotion of an employee who received minor penalty

Dear sir, There is a query as given below. someone may please clarify.
In a particular central govt department DPC for promotion in senior level of group A officers could not be held for consecutively 4-5 years due to administrative complications. When employees approached court , Court ordered to conduct DPC for vacancies in those vacancy years and give promotion. Suppose for vacancy year 2012-13, an officer is in the consideration zone . But this officer was issued a charge sheet under rule 16 for minor penalty ,say in September 2011 . His penalty order for withholding of one increment for one year without cumulative effect was issued in June 2013 and currency of penalty got over in June 2014.As per Court order DPC is proposed to conducted now in 2018 for vacancy year from 2012-13 to 2016-17.

My query is - DPC will consider his promotion from which date either 01.04.2012 or any other date . It will be a notional promotion or actual promotion. Is there any specific O.M. or guidelines for DPC to deal with such situation. If he is not given promotion from 01-04-2012 , will it not be a double jeopardy ,because in such case he will loose his seniority . If any Tribunal/Court decision exists for such situation,kindly appraise . Thanking you all in advance.

Abhishek Bansal   10 August 2018 at 19:56

Urgent

मैं एक अचल संपत्ति क्रय कर रहा हूँ एवं मैं सम्पत्ति के सकल भुगतान में से कुछ भुगतान नकदी एवं कुछ बैंक द्वारा करना चाहता हूँ अतएव मैं यह जानना चाहता हूँ क्या मैं चैक से भुगतान करने की अपेक्षा DD(डिमांड ड्राफ्ट) से भुगतान कर सकता हूँ ? भविष्य में कभी भी विक्रेतापक्ष या उसके उत्तराधिकारियों द्वारा उनके द्वारा भुगतान प्राप्ति को मिथ्या ना साबित किया जा सके इसके लिए भुगतान चैक से करना उत्तम होगा अथवा डिमांड-ड्राफ्ट (DD) से करना उत्तम होगा ।
एवं सकल भुगतान में से कुछ भुगतान नकदी करना चाहता हूँ इसके लिए मैं यह जानना चाहता हूँ कि मुझसे विक्रेता को प्राप्त नकदी की रसीद किस रूप में प्राप्त करूँ जो सर्वमान्य हो एवं जिसे भारतीय कानून और समस्त भारतीय कोर्ट में मान्य हो ।

Jagannath   10 August 2018 at 19:31

Marriage cancel after engagement by groom side.

Respected Sirs, my engagement done on 11.07.2018 at bride's residence before engagement we had never met also I didn't present at engagement function only 18 nos members of my family attend the function. After engagement we talk each other by phone, unfortunately her attitude/ behave harass me, so I decided to cancel the marriage because I can't live happy life with her but now problem is that bride's uncle forcing me to marriage otherwise threatening man handling with me or file a case against me and bride also threatening to suicide. What I do please suggest me ?

seek_clarity   10 August 2018 at 17:57

Can i file defamation case for false divorce petition?

Hi,
My husband has filed a false divorce case against me. I do not wish to file 498A, but may file DV later. So that's not my doubt.

My doubt is - If heinous prima facie false allegations are made against me in a Divorce petition then can I file for a civil defamation suit against my husband?

KATHIRVEL S   10 August 2018 at 17:54

Labour cess on construction service recived

Dear expert, We are a manufacturing industry received service from A ltd for dismantling and erection service. The gross value of the invoice is 5700000 rs and charged IGST rs 1026000. The net value is 6726000. He has mentioned in the invoice is to deduct 1% amount ( 67260 ) under BOCW act. In this case i have some doubt, Please clarify it.
01. Is GST applicable on rs 67260 or its exempt from GST.?
02. Is we are ( manufacturing industry ) liable to deduct & remit the labour cess to govt.? if yes, we shall issue or maintain any forms.?

Anonymous   10 August 2018 at 17:15

Divorce

Hi . I and my husband live in Dubai separatly for 6 months . Wife has filed for divorce but my husband does not come for hearings. Should I apply a divorce case in India as husband is not willing to give divorce as we have 3 yr old son. Husband abuses verbally and physically. We are married for 10 years. Husband does not support financially aswell.

Arjav Mehta   10 August 2018 at 16:37

Divorce part

Dear Expert,
My friend married before 15 years and she had two kid ,due to quarrel with husband since so many times, she left her house and stay with her mother and father, she had appointed a lawyer and submitted case under sec 13 (HMP), now husband's lawyer told that we have to go to reconciliation and we dont want divorce.
My friend' s lawyer denied to seat under mediation and Judge told that have to follow the rules.
My friend dont want to go back with her husband .

Dear Expert, let me know the pros and cons in this situation.




Anonymous   10 August 2018 at 16:30

Inclusion of daughter in petition

An elder son has filed a case in civil court to challenge the will written by she in favour of younger son .after 9 months after death of mother,elder son has filed again after mother's death to include daughters.and samman has issued in this respect.
As sisters do not want any property nor any claim,then is it necessary to attend court on scheduled date.if daughters do not attend what consequences may be

Anthony   10 August 2018 at 14:51

Court status----admiited(unready)

My last hearing was on 9/8/2018.....in Bombay High Court.....During hearing both Parties (BMC Appellant)... and me Respondent....My Advocate
insisted on referring to lower court judgement .. in my favour....hence Hon. Judge...insisted to call for the File of the Lower Court(Dindoshi)...Now the Case Status shows......Admitted(unready)...what does it mean legally...
Thanks

RAJESH CHOPRA   10 August 2018 at 13:22

Personal loan taken from bank in 2001

Dear Sir ,

I had taken a personal loan from ICICI Bank in year 2001 and there were 36 installments to be paid. In between I got posted from Delhi to bangalore and the installments were paid in routine. Then I got transferred back to Delhi and in this process due to changes in my Bank account and my movement I am not sure that if all my installments were paid or not. I also shifted from the residence where I was staying .
I did not receive any letter or demand from the Bank for payment left if any.
Now after 17 years the Bank has marked a lien in my account which I opened with them and on asking they told me that 2 installments remained unpaid totalling to Rs 11000 and with penalty and interest they are now claiming Rs 49,000.
I would like to know that do I have a remedy against this action of Bank that without intimating me they have marked lien to my account and also is the debt not time barred as per Indian Law.
Can the Bank take advantage of marking lien after so many years. I do not have any record and Bank has not provided me any statement of accounts as to how they have arrived at such a huge amount.

Thanks