Hi, I need to know is there any effective forum who has legal authority or any cheif judges forum who can call the guilty and authorize him the punishment / Penalty of his guilt instantly, without the court interference or legal proceedings.
Regards
Sahaya
sahaya_5@yahoo.com
9025236459
From India, Chennai
Regards
Sahaya
sahaya_5@yahoo.com
9025236459
From India, Chennai
We need more details on what you are looking for before considering the matter. There is no such forum, there cannot be any instant justice.
From India, Mumbai
1530From India, Mumbai
I think that can happen in a dictatorship only. Note, you said it should be a legal authority or a judge. the only people in india who can do what you want is underworld gangsters
From India, Mumbai
From India, Mumbai
What are the facts as well the context? Please post in detail.
There are certain situations where public servants could be penalised from service in terms of proviso tp Article 311(2) -
Article 311 in The Constitution Of India 1949
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
(1) No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by a authority subordinate to that by which he was appointed
(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:
Provided further that this clause shall not apply
(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
(b) where the authority empowered to dismiss or remove a person or to reduce him in rank ins satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry
(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause ( 2 ), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final
As regards to employees in private sector are concerned, to my understanding, an employee who has been convicted on a criminal charge involving moral turpitude could be summarily punished after serving a Show Cause Notice and due consideration of the reply/representation, if any.
From India, Kochi
There are certain situations where public servants could be penalised from service in terms of proviso tp Article 311(2) -
Article 311 in The Constitution Of India 1949
311. Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State
(1) No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by a authority subordinate to that by which he was appointed
(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:
Provided further that this clause shall not apply
(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or
(b) where the authority empowered to dismiss or remove a person or to reduce him in rank ins satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry
(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause ( 2 ), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final
As regards to employees in private sector are concerned, to my understanding, an employee who has been convicted on a criminal charge involving moral turpitude could be summarily punished after serving a Show Cause Notice and due consideration of the reply/representation, if any.
From India, Kochi
Please try posting this to Cite Legal forum, they will be better able to assist you.
From Australia, Melbourne
From Australia, Melbourne
Hope Mr. Banerjee has not understood my Question. Underworld gansters ? I asked for Judges forum or a kind of forum who can execute action without interference of court.
I leased a property to a lessee and owe her 8lakhs as lease amount. I am trying to sell the property now, and this person has shifted from my property locking my property and not being available at the property and not allowing the buyers to visit the flat. I have clearly signed the agreement stating that she has to use my locks and in case if she uses her own locks a spare key to be provided to me or a written consent to be given by me to permit her to use her lock. She is not ready to handover the keys to the security so that he can show the property to the buyers. Only a bed is placed inside the property and the rest she has already shifted. Still not ready to handover the keys. I cannot pay the lease amount till I get an other tenant for me.
Can anybody suggest me any idea to get the keys from her. I have already sent her notice via online legal india but she is adamant and has not consented to handover the keys to her. I have already mentioned in the notice sent to her that I will make the payment in 3 months time. Even after the confirmation of payment she is not ready to handover the keys. Kindly suggest me what to do.
Regards
Selvi
From India, Chennai
I leased a property to a lessee and owe her 8lakhs as lease amount. I am trying to sell the property now, and this person has shifted from my property locking my property and not being available at the property and not allowing the buyers to visit the flat. I have clearly signed the agreement stating that she has to use my locks and in case if she uses her own locks a spare key to be provided to me or a written consent to be given by me to permit her to use her lock. She is not ready to handover the keys to the security so that he can show the property to the buyers. Only a bed is placed inside the property and the rest she has already shifted. Still not ready to handover the keys. I cannot pay the lease amount till I get an other tenant for me.
Can anybody suggest me any idea to get the keys from her. I have already sent her notice via online legal india but she is adamant and has not consented to handover the keys to her. I have already mentioned in the notice sent to her that I will make the payment in 3 months time. Even after the confirmation of payment she is not ready to handover the keys. Kindly suggest me what to do.
Regards
Selvi
From India, Chennai
Ah Mr. Selvi,
If you had bothered to put the details before, none of us would have wasted our time.
Anyway, you need to go to the police and file a complaint, and with their approval, break the lock and put a new one.
But there are still gaps in the post. For example, why will you owe the lessee ₹ 8 lakhs? She should be owing you that money.
From India, Mumbai
If you had bothered to put the details before, none of us would have wasted our time.
Anyway, you need to go to the police and file a complaint, and with their approval, break the lock and put a new one.
But there are still gaps in the post. For example, why will you owe the lessee ₹ 8 lakhs? She should be owing you that money.
From India, Mumbai
I leased a property to a lessee and owe her 8lakhs as lease amount. I am trying to sell the property now, and this person has shifted from my property locking my property and not being available at the property and not allowing the buyers to visit the flat. I have clearly signed the agreement stating that she has to use my locks and in case if she uses her own locks a spare key to be provided to me or a written consent to be given by me to permit her to use her lock. She is not ready to handover the keys to the security so that he can show the property to the buyers. Only a bed is placed inside the property and the rest she has already shifted. Still not ready to handover the keys. I cannot pay the lease amount till I get an other tenant for me.
Can anybody suggest me any idea to get the keys from her. I have already sent her notice via online legal india but she is adamant and has not consented to handover the keys and this is a gated community under cctv surveillance, 24/7. I have already mentioned in the notice sent to her that I will make the payment in 3 months time. Even after the confirmation of payment she is not ready to handover the keys. Kindly suggest me what to do.
From India, Chennai
Can anybody suggest me any idea to get the keys from her. I have already sent her notice via online legal india but she is adamant and has not consented to handover the keys and this is a gated community under cctv surveillance, 24/7. I have already mentioned in the notice sent to her that I will make the payment in 3 months time. Even after the confirmation of payment she is not ready to handover the keys. Kindly suggest me what to do.
From India, Chennai
Dear Ms Sahaya Selvi,
This forum discusses the matters related to HR Management, however, your post is unrelated to the subject. However, let me try to give you a reply. But then to give a reply, we need the terms and conditions of the lease agreement.
You say that you have given her online legal notice. However, on what grounds the notice has been given? What exactly is the violation? Is there any violation from your side too?
From your post, it appears that you had taken the advance and the lessee is apprehensive about getting her advance back. Therefore, she is holding the key with her. By the way, why you do not wish to return her advance? Why do you need three months?
It seems that you have pushed yourself into your current predicament and to come out the best way is to return her money. Go to the city where the lessee is residing currently. Tell her to bring the house keys and at an agreed meeting point, do the online fund transfer in front of her. The sooner she receives the funds, she should hand over the keys.
Since your house is locked, you are depriving yourself of the opportunity of the future tenant/lessee. This is an opportunity cost. How to minimise this cost is up to you.
Thanks,
Dinesh Divekar
From India, Bangalore
This forum discusses the matters related to HR Management, however, your post is unrelated to the subject. However, let me try to give you a reply. But then to give a reply, we need the terms and conditions of the lease agreement.
You say that you have given her online legal notice. However, on what grounds the notice has been given? What exactly is the violation? Is there any violation from your side too?
From your post, it appears that you had taken the advance and the lessee is apprehensive about getting her advance back. Therefore, she is holding the key with her. By the way, why you do not wish to return her advance? Why do you need three months?
It seems that you have pushed yourself into your current predicament and to come out the best way is to return her money. Go to the city where the lessee is residing currently. Tell her to bring the house keys and at an agreed meeting point, do the online fund transfer in front of her. The sooner she receives the funds, she should hand over the keys.
Since your house is locked, you are depriving yourself of the opportunity of the future tenant/lessee. This is an opportunity cost. How to minimise this cost is up to you.
Thanks,
Dinesh Divekar
From India, Bangalore
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