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S.B.adil rahman   29 July 2009 at 13:02

Education

My client took admission in MSC course of sikkim Manipal University by distance education mode through the Delhi learning center.She appeared in the first year examination and was shocked to find that she had been marked absent in 2 subjects. She contacted the university which charged a certain sum and informed that her project reports in those 2 papers had been sent late by the Delhi learning center as such she was declared as failed.She was asked to appear at 2nd year examination of MSc which she did.On net she found that she had passed the examination with 1st division marks.She has a down loaded copy of the same.When she statred insisting for the 1st year result, she was informed that she will have to reappear at the 2nd year examination as she had failed. When she revisited the site after a couple of days she found that the result has been altered at the web site and she has been declared as failed in the same examination in which she had secured 1st class. I gave a legal notice to the learning center in Delhi. They said that the criteria for securing the pass marks has been changed and parcentage has been increased for passing the examination from 30% to 40%.However nothing of such sort is in the prospectus on the website of the University or through any intimation to the student. my question is that whether the client can approach the local consumer forum against the university since they have already taken 30 thousand rupees on different account.Is any remedy lies in Kolkata High court from where the candidate appeared at the examination, prepared drafts etc and sent to the learning center. the prospectus says that all disputes are subject to the jurisdiction of manipal court Karnatka.The University is a joint venture project of Sikkim Government and Manipal groups and has its H.o in sikkim where my cleinet has applied under RTI Act to see the marks of her papers but to no effect.My client has lost the chances of promotion at her school due to the non acquirement of the Masters degree.Please guide me as to how can I provide relief to my client against the haigh handed activity of Sikkim Manipal University from Kolkata Courts.

Syamantak Kshirsagar   28 July 2009 at 21:39

Registration of a will

Is it necessary to register a will? If so & if not can you please mention the relevant law,section/case law? Plentif's father had self earned property. He passed entire property to his elder son only child alive. His younger son was deceased much earlier. Plentiff's father had written a will in his own handwritting, with a doctor and a CA as witnesses;in which he decleared the only alive son as legal heir and extended complete ownership of the property. Can the widow of the deceased brother still claim share in the property?

khadeer   28 July 2009 at 16:59

can a non indian holds dual citisenship?

hello dear gurus, my qustion is can non indian holds a dual citisenship in india?
as my wife is non indian if i go with all proper means to get her indian nationality, and when she gets that, will she have to renounce her current nationality? or it will be ok with her to keep both nationalitys?
thnaks alot

Syamantak Kshirsagar   28 July 2009 at 07:12

Decleratory Decree S.34 of SRA

Can anybody please give me exact provisions of S.34 of specific relief act? Can a decleratory decree be obtained by a heir of a deceased to get decleared himself as legal heir? The deceased had made an unregistered will with a doctor and a CA as witnesses.

Ramesh   27 July 2009 at 17:42

Ceiling Act--Taking over the Land.

Dear Friends of Forum,

Thank you all for Guidance provided by the Expert of the forum to people like me.

I have the following problem kindly Advice me what is to be done.

Our family had received a notice from Urban land ceiling Authorities under sec 8(1) of the Act, And the reply was given to the Authorities stating that the lands were actually used for Agriculture.
And the case is pending in the "COURT OF COMMISSIONER,APPEALS OFFICE OF THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, ANDHRA PRADESH, HYDERABAD".
Mean while the ULC Act, was repealed in the state of AP from 27-03-2008,And our case was pending with above said Authority.
On 10-03-2008,SPECIAL OFFICER & COMPTENT AUTHORITY, ULC; Without issuing notice/s, without our knowledge and without visiting the site/s,Just sitting in the office had conducted panchanama on 12-03-2008(?),and written ( in their records, this fact we came to know through WEB ) that the lands taken over as ceiling surplus land/s.

Here i have proof that files were not disposed off, by the Competent Authority (Authority, as detailed in the 1st para above)and the case is still pending with the competent Authority.

Under the above situation, i need your URGENT Solution / Advice please.

Thank you all in Advance.

ASHWANI GAGNEJA   26 July 2009 at 16:44

AMENDMENT IN REGN. OF FIRM WITH REG. OF FIRMS

DEAR SIRS

WE HAVE FILED A RECOVERY SUITE AGAINST A PRIVATE LTD. CO. IN DISTRICT COURT. OUR FIRM WAS REGISTERED WITH REGISTRAR OF FIRMS IN MAY 1994. EITHER BY OUR OWN OR BY SUB REGISTRAR'S MISTAKE, THE NAME WAS MENTIONED IN THE REGISTRATION AS AVS INDUSTRIES INSTEAD OF AVS SILVERPLATE. IF, WE GET THE AMENDMENT FROM REGISTRAR'S OFFICE NOW, PLEASE LET US KNOW WHETHER THE AMENDMEND BE EFFECTIVE RETROSPECTIVE OR NOT, AS THE AMENDMENT BE DONE AFTER 15 YEARS

CAN YOU PLEASE ADVISE ME OF ANY RUILING BY ANY HIGH OR SUPREME COURT.

ALSO, PLEASE SUGGEST US A COMETANT LAYWER ON THIS MATTER. LOOKING FORWARD TO YOUR EARLY REPLY.

THANKS & BEST REGARDS

ASHWANI GAGNEJA



Ziaur Rahman   26 July 2009 at 13:02

Defamation

What is the period of limitation for filing a defamation suit for compensation. Does the time start from the day when the slenderous and defamatory writing was communicated by the accused to the complainants employer or from the date when the complainant came to know about the same writing being intimated by the employer.

P.S.Subbaraman   25 July 2009 at 21:21

Specific Performance

A Plaintiff has filed a suit for specific performance and he has pleaded that under Sec 53 A of Transfer of Property Act he is protected, but as per the recent amendment when possession is given through an unregistered agreement under Sec 17 of the Registration Act the document has to be registered. Will the Plaint suceed in the suit ?

anson   25 July 2009 at 16:39

interest at which money lenders are allowed grand money in m

i would like to know at what interest money lenders are allowed to give money to public at the guarentee of check
(bank)?

and what are the laws to avoid the public from harrasement from the money lenders?

whether yhe public can go to court for collecting money at over rate of interest?

R.R. KRISHNAA   25 July 2009 at 16:20

Legal Professional services

Dear friends,

If any lawyer is not paid the charges for the professional services, what could be the limitation period to file a suit for recovering the charges for professional services. I was told that only for recovery of loan or borrowings or lending of money the limitation period is 3 years and I am further informed that for claiming professional charges as stated supra there is no limitation period.

It it true? Kindly refer to judgments or authorities if any.