What is an Appointment?

Appointment means selection of a employee for a particular post in particular department/office. The appointment is generally made by issuing a letter of appointment indicating the terms of the appointment and requesting the candidate to signify his acceptance of the same. Appointment letter is the base of every selection/job either in government sector or private sector. So every employee has to possess the appointment letter very carefully till the end of his service. Because everything is depending upon appointment for example How his selected?, When he selected ? Seniority of a employee is compare with the other employee from his appointment.

Appointment in Government service-
A Candidate does not have any legal right to be appointed. He has only a right to be considered therefore. Appointment in Government service may be by direct recruitment or by promotion or by transfer or by deputation. The Compassionate appointment is not a source of recruitment and when such an appointment is given under a scheme, the employer may wind up or modify the scheme at any time, depending on the policies, financial capacity and availability of posts.

Waiting List-
Vacancies which exist on accounts of some selected candidates not joining need not perforce be filed up from the merit list i.e the wait listed candidates and would depend on the statutory provisions governing the field. But appointment to a particular post is no longer required the applicants cannot insist for such appointments if there was no mala fide in refusing such appointment. However, the Court directed that in the event recruitments are made at a later date the applicants/respondents were given liberty to apply for regular recruitment and age would be no bar in the peculiar facts and circumstances of the case. But a bona fide decision not to fill up some vacancies cannot be assailed where statutory provisions.

Appointment by Incompetent authority-
When the appointment was made by an authority which was not competent to make such appointment, it would be invalid and not held validated after ratification by the competent authority. If the initial order is a nullity, its purported approval by competent authority would not cure the defect.

Appointment for specific time or period or tenure –
In service, the length of service period denotes by word “tenure”. Tenure means a term during which an office is held. Once a candidate is appointed to a tenure post, his appointment to the said office begins when he joins and it comes to an end on the completion of the tenure unless curtailed on justifiable grounds.
For example – Where an employee, who is appointed on tenure of 2 or 3 years and his service is subject to a statutory condition that he will hold office during the pleasure of the state government. Such a person does not superannuate, he only goes out of the office on completion of tenure. The Appointment order gave a clear tenure to the appellant. The holder of a tenure post will cease to be in service on the expiry of the tenure.
Appointment will be effective only on communication. Appointment order must be followed in stipulated period i.e. within 15 days or 30 days. If joining is not completed within period appointment is automatic cancel. This is legal obligation on a selected candidate to verify from the employer regarding the request for extension of joining time, on the failure of which, the employer would be justified in rejecting the request of the respondent to grant him further time to join and deny him the benefit of his selection.

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Understanding Fraud implications to win against accusations

Being accused of fraud in today’s society can bring some of the most severe punishments, legally and socially. The stigma that surrounds a person accused of fraud is lasting, and therefore, consequential. Knowing what counts as fraud and how criminal lawyers in Chandigarh can help in the situation will get you some ideas about getting started with the legal procedure.The most important aspect in any criminal case in India is, however, the understanding of the act under which the accusation has been filed. This simple yet crucial consideration needs the utmost care and careful handling. Please consider these before you select your defense against fraud advocate.

• Understanding fraud

The Contract Law of 1872 defines what constitutes of fraud in proper terms. According to the law:

a) If you suggest a fact that is untrue or you don’t believe it to be true or

b) If you hide a fact with the knowledge or believing in fact or

c) If you make a promise without the intention of keeping it or

d) If you perform any act of deceive or

e) If you keep some facts from others’ knowledge that could prove to be fraudulent,

Your act will be counted as fraud. As you can see, each of these points needs to be clarified and handled with professional understanding of the law. Relying on the best criminal advocate in Chandigarh is the best way to get a clear and winning defense.

• Forgery in detail

According to the Indian Penal Code, you have committed forgery if you made any false document or part of it to

a) Damage or injure a person or public

b) Support some claim or title

c) Make someone leave his/her property – these are the major punishable offenses categorized as forgery.

This, again, is a matter of professional consideration. A thorough discussion with any good criminal lawyer in Chandigarh will help you get the right perspective about the situation.

• The time factor

In most cases, the defendant gets a time frame to present his/her case or act to fulfill the promise. So, please do not waste any time when considering about getting professional help. The most common complaint that the very best criminal lawyers in Chandigarh make is that they don’t get time to prepare the case. Please note that losing time may lead to the loss of evidence for your claim. When witnesses are involved, you must note that memory tends to fade with time. In case of dishonor of cheques, for example, if you fulfill the payment duties within 15 days of the accusation, no criminal charges will be held against you.

In most cases, the accusation of fraud and forgery create a lot of stress and difficulty. Having the best criminal lawyers in Chandigarh to handle your case will not only help you legally, but also their experience will help you tackle the out-of-the-court judgments better. When selecting the advocate, please keep in mind that those who practice your kind of cases, regularly and exclusively, will help you the best.

                           

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Quashing

WHAT IS QUASHING AND HIS EFFECT ON CASE ?

“Quashing” a legal term, meaning of quashing is disposed of or finish a criminal case before the ending of the trial or passing a judgment. When a criminal case is registered against someone in the court either by the police or a private person, then case must be proved by the complainant against the accused person and alleged accused person try to prove innocent to him before the trial court.

Our criminal legal procedure runs on the basis of two Pillars:-

1.Indian penal Code (IPC)

Our Indian Penal code describes that, when a crime is committed by a person under what section he will be arrested i.e. give name of the crime, how much the sentenced can be awarded to the offender, offence is cognizable or non-cognizable, before which court is triable and last is offence is compoundable or not compoundable.

2.Code of Criminal Procedure (Cr. P.C).

Our Criminal Procedure Code describes that, how the police and Court deal with a criminal case and describe the power of the police and court.

Power to quash a criminal Case:-

In our penal code offence divided in two categories compoundable and Non-Compoundable.

What is compoundable?  There no specific definition of compoundable in the law. But in a simple meaning that case can quash by the trial court, for example when the parties of the case is settled the matter amicably or by the compromise and offence is compoundable then trial court has power to quash the case but when the case is nature of non-compoundable then only High Court of the state and Supreme Court of India has the power to quash the case.

When the party wants quash the case on merit then it doesn’t matter offence is compoundable or not, power is only given to High Court and Supreme Court of India.

Difference between the Quashing and Appeal or Revision

The Process of quashing is a different process from an appeal and revision case. The main difference is there is such a no provision is laid down in the Cr.p.c (Criminal Procedure Code of India) of quashing a case. Section 482 of the Cr.p.c give the inherent power to the Hon’ble High court and using of this inherent power, High court can quash the criminal case. For filing an appeal or revision petitioner have to wait a specific stage of the case but as compare to appeal or revision, petitioner can file the quashing petition before the Hon’ble High Court at any stage of the case if he has sufficient ground to file.

No Side Effect of quashing petition

In this no doubt, every case will not reach on is positive result. Some time petitioner not gains a positive result in his case and quashing is also not a mandatory or law bound process like the appeal or revision for the petitioner. It is purely a choice of a petitioner if he believed that the present case is false or has some legal loop and he will not need to wait till the end of the trail. If the petitioner file a quashing petition before the Hon’ble Court and succeed, then case will be quashed against him with all subsequent proceeding and if not, then it’s not give any bad effect to the merit of his case before trail court and he gain proper opportunity to prove innocent to himself.

Advocates in Chandigarh has successfully dealt with many quashing of FIR matters on behalf of their clients too. While it is ensured that some amount of justice is meted out to a person making a mistake, if there are other ways of resolving the dispute, the special team of Advocates in Chandigarh has successfully managed to bring about such agreements too.

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SEEKING CAR ACCIDENT INSURANCE

A car accident is the starting point for a claim of insurance for car accident. If you are the owner of a car damaged in collision, you must take the immediate step of informing your insurance agency. This will start the insurance claims process.

Typically, an insurance company settles the claim based on a report by adjustor or surveyor on the extent of damage to your vehicle. The issue is settled if you are satisfied with the amount of money offered as your insurance claim by the company.

The problem sets in if you feel shortchanged by the amount of insurance claim offered to you. In addition to the trauma of the accident is the situation of a long drawn out battle with the insurance agency to settle your claims. Negotiating for car accident insurance consists of the following details:

• The basics: The first step if your car is damaged is to report it to the insurance company within the time frame specified by it. You can also do well by keeping all records of the accident Cases including extensive pictures of the scene of event, the damages and any injuries sustained. You must also keep in touch with any witnesses to the accident as they will be of the utmost importance to your later claims of insurance.

Now fill the claim form with details of amount of money you are seeking as claim.

Give support to your claims with FIR (First Information Report) in case of third party injury or damage, any medical bills and estimate of repair amount from workshop. All these will help your case if you get into an impasse with the insurance company.

• Estimation: You must submit your claims before a surveyor or claims adjustor and after he submits your claim, the insurance company will examine details of your policy such as extent of coverage, coverage limits or any deductibles, which will affect your claim. For instance, he will examine if accident policy is Motor Policy A or Motor Policy B. Motor Policy A has limited coverage while Motor Policy B is comprehensive motor insurance.

• Assessment: After assessing your policy coverage and depending on the claim amount, the surveyor/ adjustor will pay a visit to the accident site, consult witnesses or make reference to the police report.

• Know your rights: Most insurance companies have their own in-house surveyors/adjusters to assess the damage and arrive at a claim amount particularly for claim amounts to less than Rs 20,000.

There are stipulations in the Insurance Act on who qualifies to be an adjustor or surveyor if the claim amount is more than Rs 20,000. The Act says that such claims of over Rs.20,000 can be handled by only independent surveyors.

This will help in a fair judgment of damages and pave the way to an amicable settlement between the insured and the insurer. The law also insists on the surveyor/ adjuster submitting its report of damage assessment within 30 days after surveying the damage.

• Scope for negotiation: If you have a simple claim, then there is no need for negotiation. This is the case when there is no doubt which vehicle is to blame for collision, there is limited damage, and very less or no medical costs for passengers. In such a case, the issue is settled amicably. But if there is serious damage, there is uncertain liability or if your policy does not have sufficient cover, it is the time to start negotiating.

In case of an impasse between you and the insurer, the best way to go is to hire the services of an advocate, who has experience in handling insurance claims for car accidents.

You can take the help of an advocate, especially when you’re fighting for a claim against the insurer. He will keep track of all communication between you and the insurance company and help build your case.

                           

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Consumer Fights Back.

When to go in a consumer court?

Nowadays, people many a times felt cheated by the product or services provided by the seller. Sometimes consumers remain unconvinced with the products quality and performance. Consumer courts come as a solution to their problem. Instead of bearing losses at the hands of service sellers, they should stand up and fight for their rights through this medium. Consumer courts are the easier and cheapest method to get the justice. Some of the cases that can be taken to the consumer courts are as follows:

1.Consumer courts help in real estate issues such as defects in construction and maintenance, delays in commission, etc.

2.Helps in settling claim issues with medi claim and insurance companies.

3.Builder’s cases are the most popular cases that are handled by the consumer courts these days.

4.It helps in filing case related to mobile companies issue for not providing the receipt or it can be bad service.

5.Helps in handling bad internet service issues.

6.Consumers can file a case related to the food quality issues of a restaurant.

“How to file a case in a consumer court:”

A consumer can file a case against any malpractices in goods given by manufacturers, unethical behavior done by the shopkeepers with customer while selling or any unfair trade practices done by a dealer of goods which influence the customer. If there is any fault in the product and the company denies changing the defective product, then also, the consumer has full right to file a complaint against that company or seller.

Before filing a case in consumer court, an advocate advises giving appropriate time to the opposite party say around 30 days. If the opposition party gets ready to solve the problems, then complaint can be dissolved, and if they do not respond on the customer grievances, then customer can file a complaint in consumer court.

A customer has to arrange all the evidences required at the time of hearing in the court like receipts, cash memos, agreements, warranty card, etc. All these furnished documents need to properly handed over to your advocate so that an advocate can go through once. There are many online forums also available, which help in arranging the documents in sequence.

A customer can also fight their case without an advocate i.e. by themselves they can stand in court and fight for their rights they deserve.

Precautions:

During filing a case, a consumer should be present on the day of hearing in the court; otherwise, it can have a negative impact on your case. A customer should not sign any bond and should be alert during the whole procedure.

How advocate help consumers in filing case in consumer courts?

It is not easy to put up a fight against big companies, which have their legal advisors to fight on their behalf. So, it is pertinent to hire an advocate to seek the right advice. With the know-how of legal procedures, he can help in filing your case in court and will also fight your case for you in court against the opposite party.

Consumers should fight for their rights and what they deserve, and for consumer support, consumer courts are established.

                           

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SENIOR ADVOCATE

Why need a senior advocate in case?

People must be heard about the some famous cases like Asaram bapu case, Manu verma case , Narayan sai case, Jayalalithaa case, Lalu prasad case and many more cases of India. In all the cases, one thing is common that all the accused person hired designated senior advocate in their case. In Chandigarh you also heard about latest case of  Sant Ram pal case, IG Cheema case. Retd.  Justice Nirmal yadav case in all these cases  only one common thing is that all the parties of the case engage Senior Advocate.

All the above case are famous and media trial case and  the facts of the cases  disclosed before the public by the media and as per the facts and all heard about the facts and our simple opinion is person who facing the trial will be convicted. In some cases person had been convicted and some cases are pending in the court. But all the above person, tried their best for proving innocent himself by appointing a designated senior advocate.

Law has many technicalities and nobody can presume the result of the case, if a case is, bad in eyes of law but have some point in the favour of the petitioner on fact and techniques.

Quality of convincing power:-

No doubt, every senior advocate has some special quality other than the all advocates. One of the most special quality is convincing power.  In high court case is fought on the argument base and no evidence is conducted. When person lost his case in lower court and come high court in appeal then at the time of argument all the evidence of the case again read by the court and on the basis of the evidence, High court give his verdict. Now the question is once the lower courts pronounce the judgment against the petitioner then how the high court can change the order on the basis of same evidence. Interpretation of the evidence and technicalities of the law of evidence and convince the court on the weakness of evidence, misread and wrong interpretation by the lower court. A senior advocate has good command of law and also a good interpreter.

Fee structure:-

Our aim is, give the complete detail about the senior advocate to our viewer. Fees structure of the senior advocate is high as compare to the other advocate due to their standing experience, image before the bench (judges), deep knowledge in special area. Even govt. also engages the senior advocate in special cases on their fees structure. All the state govt. appoints a senior advocate as Advocate General. (Advocate general, who deal with the cases on the behalf of the state and legal advisor of the CM of the state).

Benefit to talk to us

Advocate in chandigarh has the some designated senior advocate in own unit. If someone want to engage a senior advocate, that client may send their photocopies of the document regarding the matter by mail and any other mode to us and after consult the matter with Senior Advocate, we delivered the words/view of the senior advocate to the client. So client will meet direct the senior advocate without wasting of time and with the view of the senior advocate about his case and fees also charged some lower side.

Senior Advocate with Advocate in chandigarh. Advocate in chandigarh has all expert of all area of senior advocate like service matter, criminal matter and civil matter and many more.

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Joint Custody Of Child

Joint Custody: a new way of parenting after divorce:

In India, the worst victim of any divorce is neither of the partners; rather, it’s the children. As adult behave in an emotional way that is far from the expected role of parents, the children suffer undeniably and grow complications with lasting impact on their lives.

Let’s face the ugly truth: partners can go separate ways, parents need to stick around. If and when you realize this and start acting upon it, it no more stays an ugly truth, rather you, your estranged partner and your child: everyone benefits from the situation, forms realistic and positive bonds and enjoy living without any stigma attached to the divorce.

This is possible, as any of the mutual consent divorce lawyers will tell you, with Joint Custody of the child involved. Please consider these benefits before you take any decision regarding your child’s future

• What is it?

A Joint Custody, simply put, makes each parent equally responsible for the upbringing and wellbeing of the child. When partners have difficulties living with each other, they must realise that as parents, they need to be in it together. A Joint Custody is a win-win for both the parties: the partners and the parents.

• Why should you consider it?

As any parent prepares for divorce, he/she thinks that the child will have the best life with him/her this is not only biased, but also harmful and detrimental for the child’s future, economically, socially, as well as, psychologically. Consider the aftermath:

a) Suppose you take your kid with and you are a working father. Financially, you are securing the child’s upbringing a future. The school doesn’t need to be changed; the wants and needs are all taken care of, as far as financial records go. Yet, you can’t possibly fulfill the role of the care taking parent. A child, as we all know, doesn’t grow up on bread and butter alone. With Joint Custody, you will be maintaining the balance of financial support and loving care.

The working mother needs to realize that she will never fulfil the role of the father, as well.

b) When the child is left with the non-working parent, the child’s life is bound to change economically. The constraints will increase the tension and trauma of the divorce. And the lawyers for divorce in Chandigarh know well enough that the child ends up holding bitterness against both the parents.

c) It’s normal and expected that the partner will live separately after the divorce. The child getting to move from its home at an early age has a huge impact on the tender mind. The uprooting may affect the child’s idea of stability and the need of it forever. However, with Joint Custody, this can become easier.

d) The relatives and parenting styles in a Joint Custody let the child stay connected with its entire family and have a balanced upbringing.

Parents need to realize that they would invariably try to overcompensate for the divorce. With Joint Custody, the adverse effects of this over compensation can be minimized, leading to a healthier upbringing.

                           

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