Mrs R.Yadav
15 November 2014 at 14:59
Dear Experts,
The court of ADJ ordered to set aside termination order issued by the school where I was serving. The court ordered the school to reinstate me latest by 11.10.14. The school refused to reinstate me .I want to file application for Execution of the court order.
My question is
1.Is there any time limit to file application for Execution of the court order ?
2.Shall I have to file application for Execution of the court order on Prescribed proforma ?
2. Kindly email me proforma for filing Execution of the court order at my email id -ranjanayadav71@gmail.com.
3. Can my husband (he is not having law degree) plead my case if I give power of attorney to him ?
Regards
R.Yadav
Mrs R.Yadav
09 November 2014 at 20:23
Dear Experts,
A private unaided school got registered a society "A" in 1986 under Society Registration Act 1860 from Registrar (Firm and Societies). The school society was registered with the name "A" with a registration no 2877.
After 10 years , the same school applied again to Registrar (Firm and Societies) stating that the school wants to to get the same society "A" registered 6 under Society Registration Act 1860. Here it is mentioned that the school applied for a registration of new society and not for renewal of already existing society"A". The school president duly submitted an affidavit to Registrar (Firm and Societies) undertaking that society "A" is not existing however in fact society "A" was already registered with registration no 2877.
By giving false affidavit to Registrar (Firm and Societies) , the school managed to get registered the again society "A" (which was already registered 10 year ago with registration no 2877) with new registration no 3274. Hence school
My question is
1. Can I register a criminal case against the above school for regitering the same society again on the basis of false affidavit ?
2. Under which sections of IPC , I can register criminal case against the school.
3.Can Registrar (Firm and Societies) register criminal case against above school ? If yes, under which section of IPC ?
4. Should I register a criminal case against above school if applicable ? Here it is pertinent to mention that the above school dismissed me from service on false grounds and the court has set aside the termination order but the school has not reinstated me yet.
Kindly advise me
Regards
Mrs R Yadav
Mrs R.Yadav
09 November 2014 at 19:54
Dear Experts,
I sought inspection of records by filing an RTI application . I gave authority letter to my husband to inspect the record but CPIO refused to get the record inspected by my authorized representative on the pretext that there is no provision in RTI Act that an authorized representative can insepect the record on behalf of the applicant. My question is
1.If I give power of attorney to my husband to inspect the record, will it be valid ?
2.Will CPIO have any authority to deny to inspect the record if I give power of attorney to my husband to inspect the record ?
Kindly advise me.
Regards
Mrs R. Yadav
Mrs R.Yadav
08 November 2014 at 15:06
Dear Experts,
I sought information underRTI Act 2005 from Income Tax Officer wherein I sought to inspect the assessment record of a private school. The Income Tax Officer intimated me the date of inspection . I gave authority letter to my husband to inspect the record on my behalf but CPIO-cum-Income Tax Officer denied to get the record inspected on the pretext that only applicant can inspect the record . He said that as per act ,any person authorized by applicant is not permissible to inspect the record.
My question is :
1. Whether CPIO-cum-Income Tax Officer islegally right in denying to get the record inspected by a person authorized by applicant ? If no, then kindly let me know the relevant rules under which a person authorized by applicant can inspect the record on behalf of applicant under RTI Act 2005.
Mrs R.Yadav
08 November 2014 at 14:55
Dear Experts,
I was dismissed from the from the post of teacher by pvt unaided cbse affiliated school. I filed CWP in High Court to challenge termination order . HC disposed above cwp and directed me to file appeal before Distt Session Judge as per judgment given by SC in case of TMA Pai Foundation .Acordingly I filed appeal before Addl Distt Session Judge to challenge termination order. In appeal, I prayed to set aside termination order, to reinstate me in service. I also prayed that the school be directed to pay me salary and other allowances as per CBSE Bye Laws according to which I am entitled to be paid salary and other allowances at par with state govt teachers. Here I tell you that as judgment given by SC in case of TMA Pai Foundation , I could file appeal before DJ/ADJ only against the penalty imposed by the school. on 12.09.14 ,ADJ set aside termination order ordered the school to reinstate me in service but the court did not pass any direction regarding salary and other allowances at par with state govt teachers. My question is :
1. Can I file fresh writ in lower court against school praying to get salary and other allowances at par with state govt teachers?
2. As I had prayed earlier in appeal (filed to challenge termination order) to direct the school to pay me salary and other allowances at par with state govt teachers, will this appeal act as a barrier in my way to file fresh writ to get salary and other allowances at par with state govt teachers ? If no , kindly suggest the relevant laws under which I can file fresh writ to get salary and other allowances at par with state govt teachers.
3. The school has neither availed any stay order against the judgment passed by ADJ nor the school has t reinstated me yet. Can I file any suit for compensation and damages against school in addition to file application for execution and contempt of court petition ?
Kindly advise me.
Regards
Mrs R.Yadav
Mrs R.Yadav
17 October 2014 at 19:32
Respected Experts,
I was a teacher in private unaided school.The school management started harassing me unnecessarily so as to get rid of me as I was used to raise my voice against misdeeds of management . Four year ago , they harassed me to such an extent that I decided to end my life and unsuccessfully attemed to committ suicide . I was later on survived on timely medical treatment. I lodged an u/s 306/511/34 IPC some office bearers of school management. As they were high contacts and money, police cancelled my FIR on the pretext that at the time of incident mobile location of one of the accussed was not that of school premises. Police also took affidavits of some school teachers who stated that such an incident never occurred .Consequently police sent cancellation report to the court .After 1 year , I recived summons from court .I hired a counsel .I stated before magistrate that I am not satisfied with cancellation report of police and I filed Protest Petition before the same magistrate. I also submitted an audio CD of sting operation wherein Investigation Offcer (IO) admitted that he cancelled the FIR against accused after being bribed by accused. I also submitted an enquiry report of education depertment wherein the enquiry officers concluded that school management harassed me and illegally suspended and terminated me . After perusing all the record, magistrate issued summons to all accused. Their bail application was rejected by Session Court and ultimately HC granted them bail.On the very day when the accused appeard before magistrate after getting bail from HC, their counsel filed an application (about one year ago)before magistrate under section 190 and 204 of CrPC to summon me u/s 309 IPC. In the application , the accused stated that I have admitted before magistrate to try to committ suicide, hence I should be summoned before court u/s 309 IPC.My counsel replied to this application.
Now my question is whether the application filed by accused u/s 190/204 of CRPC to summon me u/s 309 IPC is admissible ? On what legal grounds, I should oppose above application so that application of accused is dismissed ? Kindly advise me on humanity ground urgently . Here I disclose that however I have fully paid to the counsel but even then he is not any interst in the case. My husband is working hard and handing over all relevant authorities to counsel after searching on net.Due to efforts of my husband Court has set aside the dismissal order issued by school and directed to school to reinstate me with full back wages.Kindly advise me.
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Withdrawal of criminal case
Dear Experts,
I lodged a criminal complaint u/s 306/511/34 on 08.07.2010 aginst Director, Principal and Vice Principal of the school where I was working as teacher. The police sent cancellation report to the court. Subsequently I filed protest petition.The court summoned the accused and trial started. Then the school management terminated my services w.e.f 09.05.2012. I challenged termination order. The court on 14.09.2014 quashed termination order and directed school to reinstate me along with payment of back wages with 8% interest with continuity in service.The school moved to HC .HC directed the school to reinstate me till the matter is finally decided. Accordingly the school reinstated me on 31.12.2014. I had filed execution petition prior to it. Now the school management has asked me if I withdraw criminal and civil cases , the school management will also pay back wages. My questions are as under:-
1. If I withdraw criminal case, what statement I should make before the court? Can I may be prosecuted u/s 182 IPC in case I withdraw criminal case aginst accused ? Can accused prosecute me at later stage after withdrawal of criminal case against them ? What precautions I should keep while withdrawing criminal case against accused ?
2.I have filed execution petition also. If the school mangement make statement before court that they will pay me back wages within month and later on if they do not make payment, in such situation, can I move again to the court to get my back wages ?
Kindly advise me what should I do ?