Serious Matter

Respected Experts,
I want to draw attention to the concern authorities of Jharkhand state regarding registration of land/property of Schedule Castes/Backward classes. As: "There is a mandatory provisions in Chapter VIII Section 46 of the Chhotanagpur Tenancy Act, Which require previous permission from the concerned Deputy Commissioner in cases of transfer of land by members of Schedule Tribes/Schedule Castes/Backward classes and also Chapter VIII (Sections 46, 47, 48, 49) Of CNT act 1908 are included in the 9th Schedule at item No. 209) by 44th amendment of the Constitution Act which came into force on 20.6.79." contrary to this registration of land/property of Schedule Castes/Backward classes are being registered openly without any permission from the concerned Deputy Commissioner since 1970 till date. I have the case in which people have lost at hon'ble Jharkhand high court on this ground in 2001. What will the fate of the deeds being registered and who will be responsible when a person losing with this ground? What should I do as being a vigilant citizen? Where shall I report this? Can I file a PIL? Please advice.
My great regards to all of you. Thanks.

Individual newspaper notice is valid or not

I have got published a public notice on the basis of affidavit given in property matter of 7 days is valid or not. It has any legal value .The notice is regarding sale of property and objections demanded with documents.
2.What is the difference between ts 1 of M.C. AND Farad in patwari revenue record for claiming ownership.
3.Can a gift deed be made without registration in sub registrar office without photography the individual making gift in property matter.

Civil Matter.

Civil Matter.

Respected Sir,

I have only a Xerox copy of document, which was executed by “A”( land owner) in the month of October, 2006 (1st document) stating that he has received entire sale consideration from me for a particular land and that he also agreed to take the same for development purpose, as he is also a builder. And the remaining 5 points therein are also in respect of development works. Other than that no points are mentioned.

Later I agreed to take back the paid amount along with some benefit and agreed to withdraw from the said transaction. Accordingly “A has paid ¾ of the amount and remaining is in due.

While the said transaction is pending, due to some reasons, I along with “A executed a document namely “Memorandum of Settlement” in the month of November, 2007 (2nd document) mentioning a clause “ that all the transactions involved in between both of us are hereby closed and there is no transaction are pending.” The witness, who has witnessed on both the above documents, is one and the same and he is also friend of mine and he knew the transaction. Now “A” is not paying the remaining balance amount and refused to pay the same, on the basis of the 2nd document.

As I want to take back my land, since “A” has not fulfilled his commitments. And that now I am ready to pay back his paid amount and interested to take my land. What will be the best option I have to choose?

Now the point is:-

1. Is there any possibility to file a civil suit or a criminal case on the basis of a Xerox copy of the 1st document, against “A” for recovery of the entire land?
2. Is there any possibility to cancel the 2nd document, as “A” has failed to full fill his commitments.
3. To which case, I can go to file.

So plz. Give ur suggestion.

Sec 56 (2) what is the clear mean ?

Dear learned Friend,

What is the mean of the Sec 56 (2) under Electricity Act 2007 which is as follows:-

Sec 56
2) Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity

Explain it in your own applicable of mind:

RTI

Can I ask under RTI act for the transaction details of an NGO that runs on Govt. Grant? As I heard, more than Rs. 12 lakh was taken out from the bank account in the first month after release of the Govt. Grant. There is no proper account of that money. please see my query http://www.lawyersclubindia.com/experts/experts_message_display.asp?group_id=42171 about that account.

trust

1)what is a sole trust?
2)can sole trust be formed for immoveable property?

can company claim if someone has signed an agreement

If someone has signed an agreement (bond) of "x" amount with any company to work with it for 12 months after an overseas training, whereby such overseas training has been successfully completed and subsequent to return of such candidate from the training some dispute has been arisen?

Please reply?

Period of limitation on a compromise decree.

Respected Sir,

This is a Civil Matter and I need whether the decree is in limitation period or not?

Simply I am hereby giving the details.

I filed a suit for Specific performance and the same was dismissed. As against the said dismissal I preferred an appeal before the High Court. While pending the Civil Appeal, both the parties have entered into a compromise memo and accordingly the said appeal was ended. After that due to some reasons, again both the parties have entered into another compromise petition before the lower court and the said compromise was recorded on 21-02-1985.While passing the said 2nd compromise decree, the court has instructed the DHR/Plaintiff, “in case of default of the JDRs/Defendants, the DHR/Plaintiff is at liberty to approach the court (lower court) and get the sale deed duly registered through court. But the DHR/plaintiff instead of approaching the lower court approached the revenue authorities for regularization of the alienation on the basis of the said compromise And accordingly, the Revenue authorities had regularized the said alienation, as there is a provision to go and regularize.

Now the contention of the JDRS/defendants are there was no notice served on them by the revenue authorities, before passing the order. The JDRS/Defendants have challenged the same before all the revenue authorizes and as well as the single judge of High court. When it was came to Double bench of High Court, an order was passed against the DHR/plaintiff stating that the authorities below are not followed the rules. And an SLP has been filedby DHR/Plaintiff and the same is pending before the Supreme Court.

Now the pioint is:-

1. From the date of 2nd compromise decree ie., on 21-02-1985 both the parties are defending their case in courts, even till today.
2. So now is there any possibility to execute the 2nd compromise decree by DHR/plaintiff, now?
3. Or the said decree is time barred?
4. Even now also they are not claiming their rights over the said lands.
Plz. Clarify.

execution

the suit for partition and injunction filed and same is decreed bythe lower court, the same decree has upheld by Hon'ble Apex Court.
In the said suit adoption deed was challenged, but it was registered so it was held legal and executable. Now i have filed second suit in respect of the same matter in which i have contested that the decree passed and upheld by the Apex court on the adoption deed and same is made by fraud.
now execution of the Apex court order is simulteniouly going on and the hearing of new case also.
so my question is that:
1. can i stay the execution if yes then how and pls refer any case law?
2. can i contest in the execution proceeding that the some property included in the decree is not joint family property?
3. can i offer payment for their share of the property whhich partted in favour of decree holder?
pls answer its very urgent.