Advocate Zulikha Bano

Questions Answered by Advocate Zulikha Bano (25+ answers)

Q: Name Surname Order Mismatch In 10th/12th certificate and Aadhaar Card

My name in 10th/12th marksheet is "Kumar Vinay" and in aadhar card it is "Vinay Kumar" and all others documents has name as same as aadhar. I am facing a lot of issues in document verification. What should i do now? should i change my name in aadhar card and all documents?

Advocate Zulikha Bano answered
Since your 10th and 12th marksheets mention your name as “Kumar Vinay,” whereas your Aadhaar and other documents mention “Vinay Kumar,” there is a discrepancy in the order of your name.Correcting the name in the 10th and 12th educational records may involve a lengthy procedure through the school and concerned Board, along with an affidavit and other required documents, and may also require publication depending on the Board's rules.Therefore, if you have consistently been using “Vinay Kumar” in your Aadhaar and other important documents, it may be more practical to consider correcting the name in your 10th and 12th records only if required; otherwise, you should first confirm the requirements of the authority where the discrepancy is causing an issue.You should ultimately maintain one consistent name across all documents to avoid future verification problems.

Q: Interpretation Of Clause 24 Of Fair Compensation Act 2013.

Shall Right to Fair compensation and Transparency in land Acquisition act-2013 be applicable in following scenario. actually PMGSY department has aquired my land in 2017 for construction of road and accordingly revenue extracts were prepared and also land were aquired and award also made as per Jammu and kashmir Land compensation land acquisition Samvat act-1990, as Fair compensation Act 2013 was not applicable in that year, now it has been 9 years and compensation was not provided,please note one thing that when award was prepared there was Jk Samvat act as fair compensation Act got applicable in 2019 when state was converted into union territory. Now, I want compensation as per fair compensation act 2013 with solitium x4 however the award made is 1x1 means basic rate Does this scenerio has legal applicabilityIf possible provide any judicial precedent of the above.

Advocate Zulikha Bano answered
In the present matter, the land was admittedly acquired in the year 2017 under the Jammu & Kashmir Land Acquisition Act (Samvat 1990). However, since compensation has not been paid even after considerable lapse of time, the acquisition proceedings cannot be treated as fully concluded in the eyes of law.After the reorganisation of the State of Jammu & Kashmir into a Union Territory in 2019, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 became applicable. Being a beneficial legislation, its principles may be invoked where landowners continue to remain deprived of compensation.The Hon’ble Supreme Court in Indore Development Authority v. Manoharlal & Others, (2020) 8 SCC 129, has clarified that non-payment of compensation is a crucial factor while examining validity and continuation of acquisition proceedings. Courts have consistently held that landowners cannot be deprived of property without payment of lawful compensation.Therefore, if compensation has not been disbursed till date, the landowner may approach the Hon’ble High Court under Article 226 seeking release of compensation along with statutory benefits or appropriate relief in light of the 2013 Act, subject to verification of possession and award records

Q: Jkpsc rechecking result not shown and promotion done with out

The Jammu and Kashmir Public Service Commission (JKPSC) conducted the departmental examination for Junior Assistant positions. After the results were declared, they invited applications for rechecking from candidates who failed in one or more papers/subjects. Many candidates applied hoping for a possible increase in marks or to pass. However, no rechecking results were ever published. Instead, JKPSC issued a notification stating that no rechecking would be carried out, and the original marks wou

Advocate Zulikha Bano answered
The candidates who applied for rechecking after notification issued by JKPSC may have a legal remedy if the Commission invited applications and later refused to conduct rechecking without publishing results.Once a public authority invites applications for rechecking, candidates develop a legitimate expectation that the process will be completed fairly and transparently. Arbitrary withdrawal of such process without valid justification may be challenged before the Hon’ble High Court under Article 226 of the Constitution of India.Affected candidates may collectively file a writ petition seeking directions for declaration of rechecking results or judicial review of the decision taken by JKPSC. Courts generally interfere where administrative action appears unfair, unreasonable, or lacking transparency.It is advisable to examine the notification and related documents before initiating legal proceedings.