yogesh thaware
24 November 2017 at 16:38
I had filed an original application against my transfer order in Central administrative tribunal Bombay in April 2017.The central administrative tribunal stayed my transfer order with following observations by tribunal judges �From the perusal of all records it is apparent that there has been a degree of arbitrariness and discrimination in issuing the transfer order to the applicant. In view of this the respondents are directed not to relieve the applicant till the reply filed by the respondents is considered by this tribunal and decision is taken on the continuance of Ad-interim/interim orders.�After filling the reply and a miscellaneous application by the respondents the Tribunal continued my Interim relief and gave next date of hearing. The respondents then filed a writ petition in Bombay high court challenging this interim relief granted by the tribunal. The Bombay high court refused to intervene or pass any kind of order against this interim relief granted by tribunal and dismissed respondents writ petition within eight days after it was filed. The Bombay high court learned judges did not find any substantial reason to intervene and gave a little dressing down to the respondent�s lawyer. The following were the observations by Bombay high court in its order �we are not inclined to interfere or intervene at this stage however we are inclined to direct the tribunal to dispose off this matter within six weeks from the date of communication of this order. The tribunal continued my interim relief after Bombay high court order was duly communicated by my lawyer. The respondents simply refused to comply with the tribunal order and somehow managed to get my original application dismissed in August 2017 (five months after the interim relief was given by tribunal).To my utter shock and dismay there were some glaring and fatal errors in the judgment order (errors of facts as well as errors of law).with the dismissal of my original application the interim relief given by tribunal stood vacated (five months after it was granted) and therefore I decided to join my new transferred posted station with certain condition and protest as legal protection was no longer there for me. After thoroughly examining the judgment order of Tribunal .I and my lawyer then decided to file a review petition in the tribunal on the following grounds:-
1) Errors apparent on the face of record.
2) New important piece of evidence has been discovered and applicant could not file it inspite of due diligence and care on his part.
The review petition was admitted by the tribunal and a notice to that effect was issued to the respondents to file reply within four weeks after notice receipt. However the respondents taking the advantage of system loopholes did not respond through any reply nor their lawyer appeared on the fixed date of hearing (30/10/17).The tribunal judge gave a further date of hearing in the month of December 2017.The petition prepared by me and my lawyer is so watertight that the respondents do have any reply to file and I suspect that with no strict provision in law to punish or penalize the respondents for non appearance (unless the tribunal judge takes a strong cognizance of this disobedience) the respondents may very cleverly take an advantage and skip tribunal hearings. Although me and my lawyer have an option of filing a mandamus and certiorari petition in high court I would like to have a more clear opinion from all the experts so as to make the respondents appear and file their reply and compel the tribunal to make respondents to obey its orders and dispose off this review petition at the earliest. The respondents are the employees of public sector undertaking (Bharat Sanchar Nigam Ltd)
NAGARAJAR RAO
24 November 2017 at 15:55
Dear sir,
We introduce ourselves as a facility management company
We had a contract from ESI Gulbarga for house keeping contract.
As per the law we paid bonus for the employees and claimed for reimbursement adding service charges of 9%.Now the ESI authorities have deducted the service charge amount and paid the balance. We are giving services to other ESI hospitals also and we claimed the amount with service charges they have paid.
Now my query is is there any act or rule for charging service charges on bonus and claiming the same from the principal employer. Kindly suggest
Regards
G. NAGRAJA RAO
Anonymous
24 November 2017 at 13:28
Hello Sir
I given 10lakh to one of my friend. he given me cheque as security . once time came for repayment he stop to responding me. i deposited cheque in bank twice but it got return with reason "FUND INSUFFICIENT '' . Then i meet him and demanded fund. he got anger and attack on me to hurt my body. same day i complaint about this to local police station . but no action taken on him. i decided to deposit his cheque one more time. this time i received memo from bank with mansion that cheque is return reason was '' Refer to Drawer ''.
I send him demand notice according to NI 138. But didn't got any response in 15 days. Finaly i did court case . That fellow is saying i will arrange fake witness that i didn't received fund or i already paid fund and demanding again 10Lakh. i m worried because i given him fund without any written note. my family is so tense . please advice what to do ?
Anonymous
24 November 2017 at 13:16
i start a small business and appoint a person for doing tax filing. he is all the taxation work for last 2 years i blindly believe on him. he always ask for money for filing the tax i give him on the faith. after 2 years when i ask him some papers he denied. then i know he is not doing anything not file a single rupee. he own me approx 5 lacs rupee. now he denied to give me the documents. what is the legal right have so i can recover my docs and money.
Anonymous
24 November 2017 at 12:44
RESPECTED SIR MR. X GOT ACQUITTED FROM LOWER(TRAIL COURT) IN VS STATE CASE..U/S 419/420 THE STATE MOVED TO SESSIONS COURT BY FILING 'CA'(dnt know is there any law regarding it??) THE Sessions judge convicted MR.X and even added section 34 1 day prior to judgement.. now my ques is what should i file in High court CRA OR CRR?? is there any procedural difference in both case types?
Manish pushpad
24 November 2017 at 12:32
respected sir I want to ask a question.
sir mera phn meri wife k family wlo ne chin liya h kyuki usme mere pas un logo k khilaf bhut proofs the and sir wo sb fraud me involved h...but sir mene apne saare proofs google drive pr save kiye the... so wo aaj b mere pas h...and legally me case jitne b wla hu but sir mera question ye h ki me apni wife ki family k khilaf mobile snatching ka case kr skta hu ki nii??
Deepak Zambad
24 November 2017 at 11:25
can ministry should give stay to disqualification of member {nagar panchayat} if caveat admitted
Heena
24 November 2017 at 10:47
.
I am school teacher.. harrased by my school headmaster over phone over leave issues which I took due to my health issue... he used offensive language and caused me mental depression... I have gallstones and it caused me severe pain due to unavailability of medical facility at my workplace so I went to my home after leaving application at my room owners house which is near to school... leave was extended to 3days as I was under treatment... without knowing reason he verbally used offensive language and left no words causing mental agony
vijayj4.2012
24 November 2017 at 09:40
D--> Defendant. P-->Party/Plaintiff.
1) Anil(P1) and Prabhat(D1) from Salary==>registered sale deed==> Property X in Pune ==>3000 sq ft.
2) Anil(P1) and Prabhat(D1) are a cousin.
Prabhat(D1) and Sandip (D2) ==> Real brothers =>Kirana Shap==>Property X ==>1200 sq.ft. ==>No
RENT/LEASE agrrement.
3) 2 storey building Superstructure construction in 2000 => Residential house => behind Kirana Shop =>
Money spend by Anil(P1), Prabhat(D1) and Sandip(D2).==>Completion certificate in 2002.
4) Prabhat(D1) and Sandip(D2) ==>submitted an assessment of building completion to income tax.
authority in 2002. After query rased by AO below letter submitted:
LETTER CONTENT on PLAIN NOTEBOOK paper (NO revenue stamp or NO notary/judicial stamp)::
=======================================
==>
"We have allowed construction of some portion of land jointly owned by us to Sandip, who is the real brother of Prabhat and cousin brother of Anil.
ONLY superstructure amounting ---Rs is jointly owned by Prabhat and Sandip.
The land is owned by Anil and Prabhat jointly and still is our own property. We are jointly living family members Sandip has been allowed to construct jointly with Prabhat.
Sandip paid construction Amount = X Rs. (half of total construction cost)
Prabhat paid construction Amount = Y Rs. (half of total construction cost)
"<==
Query::
======
-- Can Sandip and Prabhat (real brother) become owner of the premises by just this I.Tax plain notebook
letter? NO lease deed/ NO registered doc.
-- Can document(tax assessment/return) submitted in Income Tax is admissible as evidence? Or Proof of
ownership?
-- Can above letter submitted to income tax had given/transferred ownership of/from Anil(P1) to
brothers(Prabhat, Sandip)
-- Can Anil(P1) request the court to demolish the superstructure and give possession of the land?
-- Plese provide any remedy/alternative/solution to get back property by partition suit without giving
construction cost.
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Employer refuses to pay festive pay (bonus)
Dear Experts,
I was working with M/s. Galaxy Sivtek P. Ltd. – Vadodara, Gujarat as a National Sales Manager & resign on 2nd August 2017 due to personnel reason. I was ready to serve notice period as per company policy but company has decide to relieve me on the same day. During the full & final settlement given letter mentioned all the dues including Festive pay of last year 2016-17. I was told by the management that it will pay me in Diwali time. When I inquired in Diwali time, I was told in written email that during my leaving time there are many other employee also left & company is going for legal action on it & could not pay you the money. Many time I asked for the proper reason but they refused.
As per friend's request, I visited Labour office to file a complaint but got the information that as my basic salary is more than Rs. 10,000/- I am not eligible for Bonus Pay (Festive Pay) even after mentioned in the full & final settlement letter. I could not understand the proper reason but they refuse to explain it.
Dear Experts, can you please guide me in this case please!