RC Gayatri
08 October 2021 at 13:56
Respected All,
1) Can whatsapp conversations be used as proof in Negotiable instruments act and money recovery acts. Will they be useful ?
2) If so, how to use them..Can we take screenshot of them and produce before court ?
Please help point by point.
Anonymous
08 October 2021 at 05:42
My father wants to write will deed he has 2 daughters and 2 sons .he want give property rights to 1 daughters ..he is asking 2 sons to be as witness in will deed ..we are ready to sign as witness.
Is it valid if his sons witnesses the will
Anonymous
08 October 2021 at 04:12
Whether attorney has right to refer the suit to lok adalat by an application if the word compromise mentioned in SPA ....SPA is given for civil court only ..if executor think it is not for lok adalat ...can the executor challenge the award on that base and with out giving any notice to executor.
Anonymous
08 October 2021 at 03:36
1.Sir in SPA there is a condition compromise what the attorney can do.
Whether attorney can compromise or not in lok adalat with this SPA..
2.If executor of SPA knows that if suit was compromised in civil court ..after compromise if terms and conditions not materialized he can reopen suit or file new case..but he dont know about lok adalat that once the award passed cannot be challenged ..or reopen ...at this stage the word compromise in SPA applicable for civil suit only or both (lok adalat )
Anonymous
07 October 2021 at 20:58
Can i register a power of attorney in kolkata for a land situated in vrindaban?
Anil Ghaisas
07 October 2021 at 16:07
I am Mtnl retired emolyee I am not getting pension arrers fro accyts department , I wish to chage the intrest on delayed paymnet nHow much maximum I can charge oit
kindlyhave your advise on the same
with Best Regars
Mrs A A Ghaisas
SHREYAS TEKRA
07 October 2021 at 14:53
Sir, I have a query about clubbing of two separate deputation periods spent in Central Government Services.
Initially, I was working in a State Government undertaking “A” (a non-pensionable establishment); from there, in response to the advertisement, I applied for deputation to “B” (a Govt. of India Department). After due selection process, I was appointed on deputation starting from 1-12-1999. Period of deputation was extended from time to time, and continued till 15.7.2004. While in service on deputation, i.e. in month of November, 2003, I applied for further deputation to another Central Government department i.e. “C”. Application was forwarded through proper channel. After due process, I was given offer letter on 22.1.2004. “B” Department (my first deputation) issued at my request, a relieving order dated 15.7.2004 with direction to report “C” Department on deputation. However, “C” department declined to accept relieve order issued by the “B” stating that I should get relieve order from my parent office after effecting a break in deputation period with “B”. Accordingly, at the instance of “C”, I went back to my parent office, had a two-days’ break, and then with a relieve order issued by my parent office, I joined Ministry “C” on 19.7.2004. After spending three years on further deputation, I was absorbed in the service with “C” department in the year 2007. I now retired from the service in “C” in the year 2021. Please note, service was under NPS because of the reason that my appointment was taken place in the year 2004 and the cut off date for entitlement of old pension is 31.12.2003.
2. Sir, Recent OM of the DoPT dated 17.2.2020 given an option for employees appointed under NPS to switch over to old pension, provided their recruitment and appointment procedure were completed before 1.1.2004, but joined on duty after 1.1.2004, which does not apply to me because offer letter was issued only on 26.2.2004. However, according to me, if periods of two deputations as narrated above, are clubbed, and after waiving two days’ artificial/technical break in deputation period spent in “B”, then my entry in the central service can be counted from 1.12.1999, and perhaps may help me claim benefit of the above OM of the DoPT dated 17.2.2020 for entitlement of old pension. Please also note that there is no ‘cooling off’ period in my case, rather a technical/artificial break which was forced upon me in order to get further full period of three years deputation for the borrowing department “C”. My representation for clubbing of two periods of deputation by waving artificial break in deputation to the Government was rejected. I now think of taking legal recourse.
Sir, please advise me , whether any merit in my case in approaching appropriate court of law with a prayer to club my two deputation periods so that my entry in central service can be reckoned from the date joining “B” i.e. from 1.12.1999 for claiming benefit of OM dated 17.2.2020 of DoPT ?
Thanks Sir,
Vijaykumar
vijaybeypore@gmail.com
Date : 6-10-2021
Anonymous
07 October 2021 at 12:19
Dear experts good morning plz guide me in the following issue
Shankar got married one pushpa of andhra pradesh, at his residence in odissa on 22.04.2016. Since then he and his mother, sister harassing pusha for silly things, Shankar used to suspect his wife on every occasion and bet her. She bored the torture for long time, they were blessed with a girl child in 2017, Shankar accelerated his harassment and in 2019 necked out pushpa and child from their house. Later he issued notice for restoration of conjugal life.
Having no support, financial family problems and innocence pushpa could not able reply the notice. Pushpa presently residing with her mother, father expired, she had two sisters.
Recently she gave a report to police but they advised to report in odisha only or else approach court. Now at this stage she was advised to file maintenance case along with a complaint.
What is the procedure and process to be followed by pushpa to move forward to get proper relief.
Can she give a notice of restitution of conjugal life ?
How can she get register a case against the accused even police denies to take report
Anonymous
07 October 2021 at 11:22
There are some typographical mistakes in a witness' statement, which we noticed after getting a certified copy of it. Words "regarding this" are missing in a line in cross examination, which seems to make it without context. "Father" is written instead of "mother" once in examination-in-chief, whereas every other instance is correctly written as "mother".
How to have typographical mistakes in cross examination and examination-in-chief corrected in a criminal case?
Do we need to submit an application regarding it?
Under what section of CrPC or some other provision would the application be?
Sorry for being anonymous, but it is important.
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Clubbing two periods of deputation
Sir, I have a query about clubbing of two separate deputation periods spent in Central Government Services.
Initially, I was working in a State Government undertaking “A” (a non-pensionable establishment); from there, in response to the advertisement, I applied for deputation to “B” (a Govt. of India Department). After due selection process, I was appointed on deputation starting from 1-12-1999. Period of deputation was extended from time to time, and continued till 15.7.2004. While in service on deputation, i.e. in month of November, 2003, I applied for further deputation to another Central Government department i.e. “C”. Application was forwarded through proper channel. After due process, I was given offer letter on 22.1.2004. At my request, “B” Department (my first deputation) issued, a relieving order dated 15.7.2004 with direction to report “C” Department on deputation. However, “C” department declined to accept relieve order issued by the “B” stating that I should get relieve order from my parent office after having a break in deputation period with “B”. Accordingly, at the instance of “C”, I went back to my parent office, had a two-days’ break, and then with a relieve order issued by my parent office, I joined Ministry “C” on 19.7.2004. After spending three years on further deputation, I was absorbed in the service with “C” department in the year 2007. I now retired from the service in “C” in the year 2021. Please note, service was under NPS because of the reason that my appointment was taken place in the year 2004 and the cut off date for entitlement of old pension is 31.12.2003.
2. Sir, Recent OM of the DoPT dated 17.2.2020 given an option for employees appointed under NPS to switch over to old pension, provided their recruitment and appointment procedure were completed before 1.1.2004, but joined on duty after 1.1.2004, which does not apply to me because offer letter was issued only on 26.2.2004. However, according to me, if periods of two deputations as narrated above, are clubbed, and after waiving two days’ artificial/technical break in deputation period spent in “B”, then my entry in the central service can be counted from 1.12.1999, and perhaps may help me claim benefit of the above OM of the DoPT dated 17.2.2020 for entitlement of old pension. Please also note that there is no ‘cooling off’ period in my case, rather a technical/artificial break which was forced upon me in order to get further full period of three years deputation for the borrowing department “C”. My representation for clubbing of two periods of deputation by waving artificial break in deputation to the Government was rejected. I now think of taking legal course.
Sir, please advise me , whether any merit in my case in approaching appropriate court of law with a prayer to club my two deputation periods so that my entry in central service can be reckoned from the date joining “B” i.e. from 1.12.1999 for claiming benefit of OM dated 17.2.2020 of DoPT ?
Thanks Sir,
Vijaykumar
vijaybeypore@gmail.com
Date : 6-10-2021