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GANESH SINGH (10 Years Exp)
Customs Excise And Service Tax Appellate Trib (Show More)
Saket (South Delhi), South Delhi
View Answers by this Lawyer (37)
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Contact Details
Law Firm Name : GANESH SINGH
Country : India
City : South Delhi
Area : Saket (South Delhi)
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Practicing Since : 2014
Qualification : MA LLB
About
AN EMINENT PERSON DEALING IN DIVERSE MATTERS i.e. CIVIL, CRIMINAL, SERVICE, IPR, MATRIMONIAL, CORPORATE
| Enrolment No | Enrolment State | Enrolment BAR |
|---|---|---|
| 3325 | DELHI | DELHI BAR |
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Arbitration & ADR
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Consumer,Product&Service Liability
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Subject : Need advice in medical negligence case in NCDRC
Question : In Balendra Kumar vs Ministry Of Labour & Employment on 20 April, 2017 central information commission has given its decision that file not traceable cannot be a valid reason for not providing information under RTI act. I want to know whether I can give the citation of this judgment in NCDRC in a medical negligence case, wherein the hospital is not giving information to the complainant / patient giving the reason that the said file is not traceable.
Answer by GANESH SINGH : Hi,
You may cite the said judgment.
Subject : Need guidance in judgment matter. ?
Question : I want to know, if the medical negligence complaint has gone from state commission to Supreme Court and got dismissed because of no proper merits, then can a second complaint be filed on discovery of new facts due to past medical negligence as per the fresh and continuous cause of action?
Answer by GANESH SINGH : Hi,
You may file the second complaint on the basis of new facts.
Subject : Homosexuality
Question : What charges can we try on the doctor who claims to cure homosexuality?
Answer by GANESH SINGH : Dear Sir,
Your question seems to be incomplete or not clear. If you are asking about doctors' fee for curing homosexuality no comments can be given. If you are willing to file case against the doctor, the allegations can be of inducement, cheating etc.
Subject : Medical Negligence case
Question : I had filed a medical negligence case for 2nd time in NCDRC in 2016 ( Under Fresh and Continues cause of action and discovery of new facts due to past medical negligence), which was admitted but later it was dismissed on maintainability 2019. Again I filed a Review Application in NCDRC against the Judgement passed by NCDRC. Last week NCDRC has dismissed the Review Application also. Now what are the legal options available for me to proceed in this matter? Please guide.
Answer by GANESH SINGH : You may challenge that order in supreme court.
Subject : Medical Negligence case
Question : I had filed a medical negligence case for 2nd time in NCDRC in 2016 ( Under Fresh and Continues cause of action and discovery of new facts due to past medical negligence), which was admitted but later it was dismissed on maintainability 2019. Again I filed a Review Application in NCDRC against the Judgement passed by NCDRC. Last week NCDRC has dismissed the Review Application also. Now what are the legal options available for me to proceed in this matter? Please guide.
Answer by GANESH SINGH : Dear sir,
You may approach Supreme Court and challenge orders of NCDRC.
Subject : Whether compramise degree be challenged
Question : What should we do
Answer by GANESH SINGH : Sir/Madam,
If the compromise is obtained by fraud, coercion, suppression of facts, etc. the same can be challenged at later stage.
Subject : Nsqf vocational trainer in delhi govt schools appointed by companies not get any revision sice last 5 years . Neither get salary on time and now contract terminated on 31/03/20 What to do and which provision of law can help???
Question : Nsqf vocational traine appointed in delhi government school under central scheme of vocationalisation of education..they never get salary on time, their salary not revised since last five years, all are masters and have experience of industries and get salary of 17900 in cash, not terminated their contract on 31 march 2020..they given their peak carreer time ..What to do
Answer by GANESH SINGH : Sir/Madam,
You are suggested to give one well drafted representation to the department of education and ministry of HRD regarding such irregularities and ask for genuine consideration of your prayers and work ethically. Wait for one month and then file RTI for knowing disposal of your application. if the things are not done as required, you may approach Hon'ble High court with the prayers of writ and direction to the concerned department/ministry.
Subject : biometric attendance
Question : Sir i am working as deputy executive engineer in govt of andhra pradesh ,recently my higher officer surronderd my Services to next office for the shake of not done biometric attendance ,but am purly field officer is biometric attendance mamdatary pl post any judgements in this regard
Answer by GANESH SINGH : Dear sir/madam,
You are suggested to submit the well drafted application to your superior officer to recall his orders stating all your situation. If not by him, file the writ petition in the high court for reinstatement.
Subject : can i send a correction notice in a cheque bounce case after the expiry of 30 days
Question : can i send a correction notice after the expiry 30 days statutory period
Answer by GANESH SINGH : Dear Sir,
You may send a corrigendum of the legal notice and then you file the suit of summary recovery.
Subject : CHEQUE DISHONOURED PRESENTED BY THIRD PARTY
Question : NEGOTIABLE INSTRUMENT. A BANK CHEQUE HAS BEEN ISSUED IN FAVOUR X BY Y (ORIGINAL OWNER OF THE FIRM). IN TURN X ENDORSED THE CHEQUE FOR PAYMENT TO Z. NOW Z IS THE OWNER FOR THE PAYMENT. AT THIS POINT, CHEQUE WAS PRESENTED BY Z AND WHICH WAS DISHONORED DUE TO INSUFFICIENT FUNDS. IS IT POSSIBLE TO SEEK JUSTICE FROM THE COURT THROUGH FILING A SUIT BY Z ON Y (OGINIAL ISSUER OF THE CHEQUE) TO GET PAYMENT ORDERS.
Answer by GANESH SINGH : Dear Sir/Madam,
You are suggested that though there are some complexity but the case can proceed in the court.
Subject : Can I file a case if some one has captured my house for more than 50 years
Question : My grandpa sold a plot and died we are not sure it was sold or not because that man purchased another plots in the same sheet 243 which was 1266 and doubt is on 1267 plot issue is that after 1267 there was few portion of 1265 which he also merged with 1267 and constructed 1st floor building on 1267 and left portion of 1265 we have papers of left portion of 1265 which he has illegally captured and never revealed the secret can I file a case after 50 years of grandfathers death.
Answer by GANESH SINGH : Dear Sir/Madam,
You are suggested to first of all get confirmation of the properties from registrar's office and then you will come to know the actual position. If you find that property was not sold, then get the mutation done in your favour and then file the case against that person who encroached.
Subject : Can I file a case if some one has captured my house for more than 20 years
Question : My grandpa sold one house and died but the party captured another house and merged it together we were not aware of that so can I file a case for more than 20 years
Answer by GANESH SINGH : Dear Sir/Madam,
You are suggested to first of all get confirmation of the properties from registrar's office and then you will come to know the actual position. If you find that property was not sold, then get the mutation done in your favour and then file the case against that person who encroached.
Subject : Can I file a case to remove the name of dakhalkar and update my name there because the property is residential place not farm
Question : According to 1933 survey in khatihan there are two columns 1st is for the person recieving the lagan is my grandfather and second is dakhalkar which is third party . But the problem is that property was given on rent by my grandfather who was not aware that in future dakhalkars will become owner of land after independence land reforms came and the renter became owner and my Grandpa died after independence but the plot is in the same location and they are my neighbour as I think land reform was for farmers so that they can become the real owner but this is a house mentioned in khatihan can I file a case for dakhil kharij now .
Answer by GANESH SINGH : Dear Sir,
There is clause called barred by limitation and under this, you may not claim the possession after so much period.
Subject : Can NI 138 and IPC 420 be filed together?
Question : I have filed NI 138. The respondent absconded because he cheated another 14 persons like me and also filed IP case. After 5 months of NI 138 filed against him, then I moved to SP office and put FIR against him by IPC 406 and 420. My question is Can NI 138 and IPC 420 be filed together?
Answer by GANESH SINGH : Dear Sir,
Since both cases are due to separate cause of action, they may go together.
Subject : valuation of property
Question : Is Circle rate to be considered the market rate of property ?
Answer by GANESH SINGH : In fact the circle rate and market rate of property are different terms and their meaning is also different. Circle rate is the minimum value at which the sale or transfer of a plot, built-up house, apartment or a commercial property can occur. This rate is set by the state government's revenue department or the local development authorities. Market rate is the price that a buyer pays for a property. Simply put, it is the final price decided based on the agreement between the buyer and the seller. In almost all the cases, teh market rate is always higher than the circle rate.
Subject : valuation of property
Question : Is Circle rate to be considered the market rate of property ?
Answer by GANESH SINGH : In fact the circle rate and market rate of property are different terms and their meaning is also different. Circle rate is the minimum value at which the sale or transfer of a plot, built-up house, apartment or a commercial property can occur. This rate is set by the state government's revenue department or the local development authorities. Market rate is the price that a buyer pays for a property. Simply put, it is the final price decided based on the agreement between the buyer and the seller. In almost all the cases, teh market rate is always higher than the circle rate.
Subject : Family settlement
Question : Mother dies after signing unregistered MoU of family settlement among her adult living children. Question is does the MoU in question have any legal binding on signatories of the MoU?
Answer by GANESH SINGH : Dear Sir,
In some cases, the unregistered documents are also valid and if it related to disposal of her properties, the same is valid.
Subject : legal binding document
Question : Does a unregistered MoU of . Family settlement in respect to undivided property,requires registration to be called a binding legal document among the signatories?
Answer by GANESH SINGH : Dear Sir,
The unregistered will is fully valid. In case of MOU, it depends on the surviving members as to whether they are in agreement of the said MOU or not. If they are in agreement with that MOU, there would be no question and the same would be binding on all the parties.
Subject : A property comes under waqf was given to a family on lease for 99 years before 60 years ago
Question : A property comes under waqf was given to a family on lease for 99 years before 60 years ago and that contains religious mazars and now I want to break the lease so that I can use it for public welfare and to give that place to poor family on their daughters marriage can I break the lease if waqf makes me a care taker.
Answer by GANESH SINGH : Dear Sir,
The lease deed might be containing suitable clauses so to the revocation of lease deed and the same is required to be referred at this stage and proceed accordingly. If no such clause exists, you are suggested to find the fault with the waqf board handling and then serve a notice for the revocation of the same.
Subject : registration act
Question : What does the registration act say about unregistered documents?
Answer by GANESH SINGH : Dear Sir/Madam,
Some of the documents are required to be registered as mandatory while some documents are also acceptable as non registered. For example, WILL is acceptable even it is not registered.
Subject : does a file inspection umder public authority requires third party consent'if yes or no under which section of the RTI ACT?
Question : Under which section of RTI file inspection does not require third party consent?
Answer by GANESH SINGH : Dear Sir,
For the inspection of the document at Govt authority/office, no consent is required to be taken from third party.
Subject : document registration fee.
Question : On what basis is registration fee charged in respect to family settlement document?
Answer by GANESH SINGH : Dear Sir,
There are specific fee for each work and the same differs from place to place and these rates are decided by the government.
Subject : PIO non cooperating
Question : I had filed RTI But the PIO replied armed with a copy of objection from the third party.Now can I ask for file inspection under the present circumstances.Question is will the PIO refer to my earlier application sighting third party objection or file inspection would be granted?
Answer by GANESH SINGH : Dear Sir,
If there is objection from third party and you are not satisfied with the reply of IO, then you may file an appeal before the appellate authority.
Subject : RTI appellant apeal
Question : My apeal to first appellant authority was reject with PIO reply as information can not be given because of third paty objection .i do not want to go for second appeal.question is can I ask for file inspection.wii it call for third party permission?
Answer by GANESH SINGH : Dear Sir,
Sometimes the documents related to third party are under the purview of section 8 and 9 of the RTI Act and that information can't be shared/supplied. So, you are suggested first to verify as to how the third party has objection to the your documents. Some times, altering the words/manipulation solves the issues.
Subject : Approved sanctioed map of individual house
Question : Does sanctioned map of house constitute Public authority document or it considered as personal information as per RTI ACT IF so under which section of the act/
Answer by GANESH SINGH : Dear Sir,
The approved and sanctioned map of House of some individual is his personal property and the same is confidential and the same is not subjected to RTI Act.
Subject : Court fees for filing NI 138 In Gurgaon
Question : Can you kindly clarify whether there is a court fee applicable in Gurgaon for filing Section 138 NI for cheque bounce
Answer by GANESH SINGH : Dear Sir,
You are supposed to submit the court fee of Rs. 5/- on the complaint.
Subject : Live in relationship
Question : Live in relationship me rahne ke liye kam se kam kya age hona chahiye ladka aur ladki ka
Answer by GANESH SINGH : Both the boy and girl should be major. This means the minimum age of boy should of 21 year and the girl of 18 years.
Subject : Want to get separate from Parents.
Question : I am 18yrs old . And want to get separate from Parents. I am doing a job. Can I do so ?
Answer by GANESH SINGH : Dear Sir/Madam,
It is suggested that you first start leaving away from parents on the name of the job and then slowly cut all the connections with them.
Subject : Someone filed a case against me in police station police enquired and didn't arrested me and I didn't took a bail is that a pitty case?
Question : Someone filed a case against me in police station police enquired and didn't arrested me and I didn't took a bail is that a pitty case?
Answer by GANESH SINGH : Dear Sir/Madam,
From your query, it is not clear as to whether the complaint filed by that person was converted to FIR or not? If the FIR is registered, then the case will be going to Court. If no FIR was registered, then you are not required to do anything.
Subject : Does petty cases affects the eligibility of government gobs?
Question : Does petty cases affects the eligibility of government jobs?
Answer by GANESH SINGH : Dear Sir/Madam,
It is suggested that it depends on the nature of the case and the allegations contained therein as to whether they have some bearing or not regarding the character of the person.
Subject : does court notice will tell under what section FIR is registered on us?
Question : does court notice will tell under what section FIR is registered on us?
Answer by GANESH SINGH : Dear Sir/Madam,
The court notice generally contains all the details of the case and the FIR No as well and hence you will come to know regarding the sections under which the case is filed against you.
Subject : Does civil case affects eligibility of government jobs?
Question : Does civil case affects eligibility of government jobs?
Answer by GANESH SINGH : Dear Sir/Madam,
It is suggested that some civil cases of grave nature do affect the the govt job prospects.
Subject : If an FIR is registered on me in police station should I take bail compulsory?
Question : If an FIR is registered on me in police station should I take bail compulsory?
Answer by GANESH SINGH : Dear Sir/Madam,
It is suggested that the bail is compulsory in the FIR case.
