Ranganath
16 April 2009 at 20:46
Ld Counsels,
If RTI is denied what can be the next step. In my case there was one complaint filed, based on which statements were taken from both the sides, later the compliant was withdrawn. After one month another complaint was filed then a FIR is registered based on the second complaint.
I require all information regarding the first complaint, and the reasons for withdrawal and the statement copies. since this is a complaint that was withdrawn already can police refuse RTI citing that it will hamper investigation as per sec7 of RTI.
The FIR which was registered based on second complaint doesnot accompany any statements or other documents.
If RTI denied, I have proceedings pending in family court, when can I ask the family court to give directions to police for giving me the criminal case papers,
Please clarify.
Ranganath
16 April 2009 at 20:27
Ld counsels,
When will a case in family court proceed to the stage of enquiry. Once if the mediation fails, counters filed, after this there is a need to submit evidence. If the validity of the evidence is questionable will the court take the case for enquiry and start examinig witnesses. The pivotal issue in my case will be my consent for the marriage. Do I need to submit on oath that I gave my full consent for my marriage. I have already filed a restitution of conjugal rights.
Please clarify.
KIRAN_DASS
16 April 2009 at 19:49
My friend had government accommodation in New Delhi. He surrendered the same to the Estates Office. After 7 months of its surrender, the administrative department extracted an "forced admission" that he had sublet the govt.accommodation. Based on his admission disciplinary proceedings were conducted against him and major punishment was awarded to him.
As per allotment rules, the Estate Office has all powers in relation to the subletting and cancellation of the govt. acc. If the Estates Officer finds proved subletting based on report of the empowered authirities under the Rules, a report is sent to the administrative department under whom the allottee works for taking disciplinary action against the government servant for misconduct i.e. subletting of govt. acc.
Whereas in this case, no enquiry was conducted, no proceedings were held, no report was sent to the administrative department. But the administrative department at its own sweetwill conducted the proceedings under the Allotment Rules and ushuruped the powers of the Estates Officer and simultaneously held disciplinary proceedings against the government. The major penalty under the rules was awareded to the govt. servant.
The Question is "Whether the administrative department is competent to take proceedings only on "admission" which was extracted under threat. But the government servant is so fearful that he could not say that the "admission of subletting was obtained under threat". Could the court still hold him guilty in spite of the fact that the administrative department had no legal jurisdiction under the Allotment Rules.
Pramod Kumar
16 April 2009 at 15:50
Dear Members,
Would like your insights on the Sec 25 of CPC, for transfer of case from a civil court of one state to civil court of another state.
I need the following clarifications.
1. If the case if filed in a civil court do we need to engage the services of a supreme court lawyer for arguments for transferring the case to civil court of another state.
2. How long does this process takes for transfer.
3. If anyone can share any such documents that are needed or other insights in this regard will be highly appreciated.
Regards,
Pramod
Nilesh Shah
16 April 2009 at 15:43
Dear Sir,
I m credit manager in bank. If bank is funding against of property in name of Trust on which Educational Institution is runing whether bank will be able to repossess easily the said property in case of default by Trust/Society?
If No, what can be remedies bank can take at time of finance?
What are reasons (Is there any Law barring to do so??) under which law?
nikul
16 April 2009 at 15:34
we are engaged in building construction with various govt deptt's
one of our client is Haryana Tourism for them we have done const of commercial touriust complexes etc
We have been told by central Excise deptt that we have to pay the service tax on such const. and we have aklready taken the registration with Central Excise deptt and paying the requisite tax
Since the service tax is to b paid / reimbursed by the actual owner of the constriuction we have sought the same from our client (HTC) but they have refused to make any such payments to us
we pleaded that this shall primarily b a cost input to the project and no such provisions were made while we were awarded the project
They r not accepting to this fact at all, even for the items not covered in the original tender and for which the Rate analysis that r being made on market rate bases , they are not allowing for the provision of service tax...
Pls advice, if we can seek relief thru any court of law?
also pls suggest us some good laweyrs practising for such cases in and arround chandigarh n haryana
regards
Nikul Aggarwal
09357664221
GIRISH SHARMA
16 April 2009 at 15:09
Dear Sir,
1. How to calculate OT hrs as per The Factories Act ? Generally workers take 10-15 mins to leave the factory after shift end. Are we supposed to pay OT for this also ? Few workers arrive & punch their cards 10-15 mins prior to the shift start as well. Is OT payable on this also. Pls see examples below:
Shift Timings: 10AM to 7PM (including 1 hr lunch & tea break)
Employee In Time Out Time Hours Worked
X 9.50 AM 7.08PM 9.18 Hrs (early entry volutary; delay in exit due to washing etc)
Y 10.10 AM 7.10 PM 9.00 Hrs
Z 11.00 AM 7.30 PM 8.30 Hrs
2. Are all employees eligible for OT legally ? Are supervisors, accountants & other back office employees not entitled to OT pay under law?
I would be highly obliged if you could reply at the earliest.
Regards
G. Sharma
kalpesh
16 April 2009 at 14:27
hi , I wann put forward a querry which my frnd underwent and need ur strong advice.
My frnds name is roshAN
ROSHAN had a best frnd named shilpa, they both were very very close frnds and used to talk daily for hrs on phone,
Suddenly when at shilpa’s place her dad started seeing guy for her to get her married , her father started getting phone calls saying that your daughter and roshan has an affair, roshan will die this that, for many days her dad got calls, one day the fellow who used to call her dad gave him roshan’s landline number, shilpa’s dad called roshan and asked whats the matter, he said there is nothing like that and he doesn’t calls him
After few days in temple someone put the notice that shilpa and roshan has an affair and she will run away all.
So his dad filed a police complaint
Shilpa said roshan to say to police that they were frnds only till school and after that had jus little touch only.
She said roshan that if u say we were so close all then my dad will think I had an affair all.
So in order to save her image roshan lied to police that he speaks very rarely to her and he doesn’t has mobile,
That day police let him go and made him write in a paper that he has no touch with that gal and he can be called futher also for enquiry.
After few days again someone put some notice in the temple and his dad also got threatening calls
So once again they called roshan for enquiry, this time they took all details of calls received on shilpas mobile,
They asked roshan this is nly ur mobile number and u usd to speak daily with her, why did u lie,
So they made roshan remove his shirt and sit in the corner for 5hrs, they warned him to accept that he has called her dad and put those notices in temple,
But roshan dint do anything so he jus sat there cried fi\or hrs and said that the gal only said to lie to save her image,
At night 10p.m. they made roshan write in a white paper that he was called for investigation and will be called further also if requied
Roshan is now mentally very tired, and his dad still receive calls
They have just lodged a complaint and No f.i.r has been lodged yet.
Can they make the temple priest to lie that he was only the one who stuck the notices on the temple,
The person who called used to call from pco and then from mobile, he used to get sim cards without proof
Everyone in shilpas community know about this matter and Roshan is in fear that her dad can make the sim card dealer also to lie that he issued sim only to roshan in order to save her daughters image in the society,
If they arrest roshan on doubt , they can they beat him in the jail
What kinda case can be filed against him and how serious it is.
What remedies u suggest , what should roshan do now…..
Nilesh Shah
16 April 2009 at 13:48
Dear Sir,
I m credit manager in bank. If bank is funding against of property in name of Trust on which Educational Institution is runing whether bank will be able to repossess easily the said property in case of default by Trust/Society?
If No, what can be remedies bank can take at time of finance?
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