साझा घर में निवास का दावा

घरेलू हिंसा से महिलाओं का संरक्षण अधिनियम, 2005 - धारा 19 - साझा घर में निवास का दावा - इस संबंध में एक आदेश अदालत द्वारा घरेलू हिंसा के अधिनियम स्थापित होने के बाद ही पारित किया जा सकता है।

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Grounds for remand of case - rent petition

Eligibility criteria for batchwise selection

Constitution of India, 1950 (COI) – Articles 16 and 309 - Himachal Pradesh Elementary Education Department Class III (Non-Gazetted Recruitment and Promotion) Rules, 1976, Rule 2 – Eligibility criteria for batchwise selection - relevant date for construing expression batchwise selection which is the prescribed eligibility criteria for appointment in various government Department would be a date on which candidate qualifies examination and not date on which he is admitted into academic session is relevant for construing expression "batch"/batchwise" for appointment to public post. [Paras 23 and 29]

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General Power of Attorney Format

GENERAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS, that I, __, do hereby constitute and appoint  __, as my lawful attorney in my name and on my behalf to do, execute and transact all such acts, deeds and things as may be conducive to the efficient transaction and carrying out any activity with respect to my property, __, as per Jamabandi for the year __ and in particular to do, execute and transact the following acts, deeds and things: -

1.               To appear before the any court or any other authority, person/s for the purpose of pursuing and carrying out any activity in connection with protection/upkeep of my property.

2.               To sign and verify all documents, applications, pleadings etc. of any kinds pertaining to or connected with the above property in any court of law or before any authority or person and to engage any lawyer to sue or defend any case relating to the said property in any court of law or before any other authority or person etc.

3.               To enter into any agreement for the sale of the said property or any part thereof with any person and finally authorize her to receive the sale consideration/payment thereof from the purchaser etc. and to file and receive back any document etc. connected with the said purpose and negotiate and prosecute proceedings before the competent court, authority, government offices etc. for doing generally, all acts necessary for the aforesaid purposes.

4.               To deposit and withdraw money from or any persons/s or to receive or pay any rent or dues in respect to the above property.

5.               To appointment and employ such agent and servant/workers as may be necessary to efficiently and smoothly carrying out the work on such terms and conditions as are necessary for efficiently and smoothly executing or protecting the above property.

6.               To enter the said premises to lookafter the same at any time and to supervise over the employees/servants etc. and to pay the salary or any other expenses for upkeep etc of the said property to any person so already employed or who may be employed by the said General Power of Attorney out of the earnings from the said property.                                                                                                                                                                                                                                                                                                                                                                                                            

7.               For the purpose aforesaid, or any of them to make, enter into, sign and execute all contracts, agreements, assignments and instruments and to get registered or to present for registration any such deed or instrument, to renew, vary or discharge all such agreement.

8.               That this General Power of Attorney is for the aforesaid purposes and shall entitle the said Attorney to do any other act or acts so not specifically mentioned for the above said purposes.

9.               This General Power of Attorney shall be irrevocable.

And I hereby agree to ratify and confirm whatsoever my said attorney shall lawfully do hereinunder.

IN WITNESSES WHEREOF I have hereunto set my hands this the day of __ and this Special Power of Attorney shall be valid for the above specific purposes till finality.

WITNESSES:                                                            

EXECUTANTS

1.         ___________________

            ___________________

2.         ___________________

            ___________________

Specimen signatures of the Special Power of Attorney

___________________

___________________

___________________

Transfer of employees

Hello Friends,

This is my first lecture on a law point relating to Transfers of Employees by the employers.  I hope, I will be able to make out the point to your satisfaction.  In case I get a good feedback, I will continue to deliver various lectures on various other legal aspects, so that you all can be benefitted.

It is well settled principles of law by Hon'ble Apex Court that transferring an employee is a prerogative of employer.  The employer is the best person to see as to who is to be posted or transferred where.  There are no statutory rules framed by any of the employer so far which can give a justiciable cause for any of the employee to come before the court of the law.  However, still, Hon'ble Apex Court has laid down principles under which even the transfers can be challenged.  Those principles are mainly, either the transfer is made illegally, arbitrarily, malafide or in infarction of professed norms.  In this regard Hon'ble Apex Court inN.K. Singh v. Union of India, (1994) 6 SCC 98, at page 108  para 23 has said that “Unless the decision is vitiated by mala fides or infraction of any professed norm or principle governing the transfer, which alone can be scrutinised judicially, there are no judicially manageable standards for scrutinising all transfers and the courts lack the necessary expertise for personnel management of all government departments. This must be left, in public interest, to the departmental heads subject to the limited judicial scrutiny indicated” 

In another decision of Hon'ble Apex Court titled as UOI Vs SL Abbas, it has been held that the transfer policy or Guidelines issued by Government do not confer upon Government employee legally enforceable right.

Nevertheless, in case the transfer if also found to be issued as a measure of punitive measure or or colourable exercise of powers or as an oblique motive, they also fall under the category of illegal or arbitrary transfers and can be challenged.  Frequent and unscheduled transfers also fall under this category and can be challenged before the court of law. 

In the case of malafide transfer, the person against whom factual malafides are alleged has to be arrayed as a party.

I hope, I have been able to conclude the main issues relating to transfers.  I will eagerly wait for your comments and feed back so that future lectures on various points of law can be made better.  Thanking you for giving patient hearing. 

प्राकृतिक न्याय के सिद्धांत - बिन सुनवाई आदेश पारित करना

भारत का संविधान, 1950 (COI) - अनुच्छेद 226 - प्राकृतिक न्याय के सिद्धांत - बिन सुनवाई आदेश पारित करना  - याचिकाकर्ता को IRDP परिवार प्रमाण पत्र के आधार पर नियुक्ति मिली - प्राकृतिक न्याय के सिद्धांतों का पालन किए बिना शिकायत पर सेवा समाप्त - स्थायी नहीं - हालाँकि याचिकाकर्ता ने IRDP प्रमाण पत्र रिकॉर्ड पर रखा गया - आईआरडीपी परिवार से संबंधित सूचना के अधिकार के तहत उनके द्वारा प्राप्त की गई अदालती जानकारी - लगाए गए आदेश अवैध होने के कारण रद्द हो गए। रेफरी: LPHP2015NL1222

Principles of natural justice violation

consumer means any person who hires or avails of any services for a consideration

Consumer Protection Act, 1986 - Section 2 (1) (d) - definition - term "consumer" - inter-alia mean any person who hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment but does not include a person who avails of such services for any commercial purpose.

consumer protection act

Flaw in recording ACR

constitution of india article 14 and 226

Constitution of India, 1950 (COI) - Article 226 and 14 - annual confidential report - flaw in recording - no final assessment by reporting officer recorded - besides ACRs not communicated resulting in promotion of juniors - directions issued to respondent department to consider in view of judgment in CWP No. No. 3671 of 2010 titled as Dharma Nand Vs HP Financial Corporation.

Normal rule is bail and not jail

Criminal Procedure Code, 1973 (CrPC) - Section 439 - bail - Indian Penal Code, 1860 (IPC) - Section 376 & 420 - Rape and cheating - promise to marriage - normal rule is bail and not jail.Ref:LPHP2015AS09SP17

bail

cause of action in case of criminal matters - how to be determined

Constitution of India, 1950 (COI) - Article 226 and 21 - life and liberty - territorial jurisdiction - maintainability of writ petition - cause of action in case of criminal matters - how to be determined - so far as the question of territorial jurisdiction with reference to a criminal offence is concerned the main factor to be considered is the place where the alleged offence was committed Ref:LPHP2015VS10CBI01.

Whether permission of State Government mandatory for registration of FIR

Criminal Procedure Code, 1973 (CrPC) - Central Bureau of Investigation Manual - Delhi Special Police Establishment Act - Section 6 - consent not obtained from the State Government at the time of registration of FIR, investigation and carrying out raid in the premises - permission of Hon'ble Speaker of the HP Legislative Assembly has not been obtained at the time of registration of FIR and its investigation - whether mandatory ? Ref:LPHP2015VS10CBI01

IRDP Family - termination of services - audi altrem partem principle

Constitution of India, 1950 (COI) - Article 226 - principles of natural justice - audi altrem partem - petitioner got appointment on basis of IRDP family certificate - services terminated on complaint without following principles of natural justice - not sustainable - however petitioner placed on record of court information obtained by him under Right to Information showing him as belonging to IRDP family - impugned order quashed being illegal. Ref:LPHP2015NL1222

termination of services without following principles of natural justice bad in law

Constitution of India, 1950 (COI) - Article 226 - principles of natural justice - audi altrem partem - petitioner got appointment on basis of IRDP family certificate - services terminated on complaint without following principles of natural justice - not sustainable - however petitioner placed on record of court information obtained by him under Right to Information showing him as belonging to IRDP family - impugned order quashed being illegal. Ref:LPHP2015NL1222