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Saturday, January 21, 2012

While vehicle checking, the Sub Inspectors shall not call the drivers to the Jeep, for showing records- Disciplinary action against those delinquent officers- DGP Circular.

The Kerala Police Director General at last succumbed to pressure from public and socio-legal activists. Thanks to the Media, especially, Manorama news for taking up the issue. The DGP issued direction to the station house officers that no police officer shall sit inside vehicle while conducting vehicle check up.
Calling drivers near to the jeep, where the SIs will sit and asking to show records are strictly prohibited in the circular. Disciplinary action will be initiated against those officers.
Circular dated 13-1-2012 U1 2875/2012.

Friday, January 13, 2012

Deemed license in Panchayath Raj Act
A deemed license in Panchayath Raj Act can be held to be valid only for a period of one year.
2011 1 KHC 618 DB
Can a hostel exempted from payment of building tax?
Hostels can be exempted from payment of building tax even if few teachers are also residing there in along with the students.  2011 1 KHC 125 FB
Assessment of building tax..
A single building consisting of two separate flats constructed by the same person has to be assessed as a single building.. 2011 1 KHC 133 FB
Paper publication ordered by the court. If party has no money ?
If party cannot afford publication in newspapers which is more expensive, the court is bound to consider the alternate plea for publishing the notice in other news papers which are less expensive.
Can a person dig his property ?
A person has right to dig to the very extremity of his property, provided the natural right available to the neighbour is not infringed. Held the High Court of Kerala while dealing the matter went up from a suit for mandatory injunction.  2011 3 KHC 456
Temporary injunction in a civil suit cannot be granted if it affects a person who is not a party to the case; held the Kerala High Court. 2011 2 KHC 607

What to do if answer sheet is lost from the authorities?
The Kerala High Court held, a suit for compensation can be filed against the University for loss of answer sheet, when the same is not recovered for revaluation.
K T Sankaran J. 2011 2 KHC 45

Monday, January 2, 2012

Reservation for Other Backward Classes in Civil Posts and Services under the Govt. of India — Sub-quota for Minority Communities.

No.4I018/2/2011-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block. New Delhi- 110001 
Dated the 22nd December, 2011
Subject: Reservation for Other Backward Classes in Civil Posts and Services under the Govt. of India — Sub-quota for Minority Communities.
The undersigned is directed to invite attention to this Department’s O.M. No.36012/22/93-Estt.(SCT) dated 8th September, 1993 regardingreservation for Other Backward Classes in civil posts and services under the Government of India.

2. The Government of India had set up the National Commission for Religious and Linguistic Minorities to suggest criteria for the identification of the socially and economically backward sections amongst Religious and Linguistic Minorities and to recommend measures for their welfare, including reservation in Government employment. The Commission submitted its report to the Government on 10th May. 2007, wherein it had,inter-alia, recommended creation of a sub-quota for minorities from within the reservation of 27% available to OBCs, in Government employment.

3. The Government have carefully considered the above recommendation and it has been decided to carve out a sub-quota of 4.5% for minorities, as defined under Section 2 (c) of the National Commission for Minorities Act. 1992, from within the 27% reservation for OBCs as notified by the aforesaid O.M. The castes / communities of the said minorities which are included in the Central list of OBCs, notified state-wise from time to time by the Ministry of Social Justice and Empowerment, shall be covered by the said sub-quota.

4. Similar instructions in respect of public sector undertakings and financial institutions including public sector banks will be issued by the Department of Public Enterprises and by the Ministry of Finance respectively.

5. These orders will have effect from 1st January, 2012 and the O.M. No. 36012/22 93-Estt. (SCT), dated 8th September, 1993 stands modified to the above extent.

6. The Hindi version of the O.M, follows.
(Sharad Kumar Srivastava) 
Under Secretary to the Government of India