Civil Matters

Stay of transfer

Hello, an officer has transferred from our district who is a very good and honest officer. We are very happy because he had taken control of the crimes. But due to unfavourable with the present government he has been transferred. We have decided to file a petition before the high court for a stay of his transfer, we want to know that the public can file any petition for stay of the transfer.

Public auction

Whether a public auction can be treated as a valid public auction if it is not patronized by the public or not participated by the public.

In the instant matter, State Bank of India organized a public auction which was not patronized by any public participation /void of public participation. In absence of any public bid/participation, SBI submitted its bid and declared the sale confirmed in its favour.

Now SBI has been claiming that it has purchased the assets in the public auction whereas the owner of the assets is alleging that SBI has fraudulently grabbed its assets on the excuse of a fabricated public auction sale.

The borrower is suffering since last ten years. Further, the bank is also holding movable assets of the borrower since last ten years unsold, unattended and recently issued a recovery certificate without setting off, of the value of the movable assets. Can a criminal suit be filed against the bank?

Breach of contract

एक आदमी ने एक कंपनी ज्वाइन की जिसके अपॉइंटमेंट लेटर में एक क्लोज था :-

“You are expected to promote and expand the business of the company. you will not directly or indirectly, either solely or jointly, engage in any service or other business or profession whether during or, after the hours of employment without written sanction from the company”

नौकरी के दौरान उस आदमी ने एक सर्विस प्रदान करने बाली कंपनी अपनी पत्नी और ससुर को निदेसक बनाते हुए बनाई! उसके बाद उस कंपनी का कॉन्ट्रैक्ट उस कंपनी में करा दिया जहाँ पर वो खुद कार्य करता था ! उसने आपने सीनियर को इस संबध में जानकारी नहीं दी ! परन्तु सभी नियम और कायदे कानून का पूरी तरह से पालन किया तथा किसी प्रकार का घपला नहीं किया नियमानुसार जिस प्रकार बाकि सर्विस प्रदान करने बाली कम्पनियो को काम दिया जाता था उसी प्रकार वो अपनी कंपनी को भी कुछ काम देने लगा और इसमें उसने कोई भी पकछपात अपनी कंपनी के साथ नहीं किया तथा उस कंपनी ने भी दिए गए काम को पूरी निष्ठा के साथ पूरी ईमानदारी के साथ बिना किसी शिकायत के पूरा किया जिसको अलग अलग विभागों नें प्रतिएक बार चेक किया तथा सही पाया! जिसमें उस आदमी का कोई भी interfere नहीं था ! अब सवाल ये हैं की – 

१. उस आदमी को क्या सजा हो सकती है.

२. क्या वो आदमी धारा ४२० का दोषी होगा.

३. क्या उसकी कंपनी के डायरेक्टर्स को भी दोषी माना जायेगा

४. जो contract ब्रेक हुआ उसके लिए किया दण्ड हो सकता है !

५. क्या अग्रिम जमानत की आव्यसक्ता होगी.

६. यदि हो तो कोई रेफरेंस केस भी बताएं

Disclosure of information under RTI

Can information under RTI ACT be taken regarding the degrees, name of the university where one had been reading? Roll no of the university, photocopies of the Degrees, photocopies of Service Book & ACRs of Government employees, through their public information officers.

Can the authority higher than the PIO of a concerned Government employee ask for the above-said information of the Government employee under RTI act or direct the PIO to supply directly the information to the RTI Activist. Are these things be named as personal information and is there any exemption Under RTI Act or Not.P lease explain in detail and Lucid/simple way.

Unregistered agreement to sale

,

My friend has made an unregistered agreement to sale on Rs. 100 stamp paper. He did not ready to purchase my land on the price mentioned in the agreement. After five years from the date of such agreement, I sold that property to another person. My friend is...

Unauthorised Leave

Sir, If anyone working in State Bank Of India at a clerical post applies for UPSC or State civil services are it necessary to take prior permission of competent authority for appearing said examination, if not taken and applies for two days of casual leave to appear the said examination.

Can his leave request be denied and will be asked to show the permission of competent authority by branch manager for appearing said examination at the time of sanctioning leave. If the employee went after the rejection of their leave and appear the examination.

Can his absence in-branch be taken as unauthorised? What are the guidelines regarding this and how to prove that this leave was right and it can’t be counted unauthorised?

Insurance company committed fraud

I am a school teacher in middle school. I took an insurance policy for my two children and my wife. Insurance policy is for medical treatment up to 2 lac in selective hospitals. According to the policy, it covers all the critical diseases mentioned in the policy.

Insurance agent explained the terms of policy and said that insured person can avail this policy after the expiration of one month from the date of commencement of the policy. My child is suffering from heart disease.

When claimed medical treatment of my child under the policy it was refused by the insurance company that I was not stated health condition of my child at the time of insurance. Please help.

Land acquired by collector

I am a resident of a district dominated by tribals in Maharashtra. My grandfather purchased land from a tribal member on consideration in the year 1963. We have been on possession of the land till the year 1982 but a collector of our district sent a notice for acquisition of that land and acquired it without giving a due price of the land and without our permission. No other tribal is ready to buy this from the government so I filed a case for regaining of it from the government. My request is rejected by the collector and that property vested in the government. What should I do for getting it back?

Rejection of plaint

According to section 4 and 5-A of Maharashtra Restoration of land to Scheduled Tribes Act, 1974 a land purchased from tribal owner by a non-tribal between 1957 to 1974 is entitled to restore in the tribal person by the order of collector. The collector is empowered...