Y V Vishweshwar Rao
16 April 2009 at 06:24
A Piece of land out of a Survey Numbers/Agricultural Land is sold by pattedar and the there is no Conversion of Land usage from Agricultural purpose to Non Agricultural purposes .
The sale was 20 years back .
Now there is no lay out to the said plot and no Conversion from Agri land , till now it is recorded as agri land inrevenue records with Revenue Account .
But the Plot is now situated in the Developed Area and in the midst of the Houses cosntrcuted .
Please express your opinions;-
Whether this property/ land /plot can be sold under SARFASI ACT ( Security Act )
Please also refer any citations in this matter
Thanks in advance !
Pramod Kumar
15 April 2009 at 14:42
Dear Esteemed Member,
I appreciate your prompt response to my query but I need to have some more clarity on the ambiguity I have reached in my mind.
1. As said by Mr. Sarin and Mr. Rao, if you don't reply to the notice, the court may take cognizance/admission against my client and therefore it may act against my client.
2. Which is the best option to proceed ahead now.
(a) Give a reply notice and then file the suit.
(b) File a suit and prove the grave circumstances that may act against my client as a result in delay for giving reply notice and then filing the suit.
Awaiting your suggestions.
Regards,
Pramod
PRAKASHCHANDRA MARU
15 April 2009 at 13:37
HELLO ALL EXPERTS,
I WOULD LIKE TO KNOW THE FULL ADDRESS OF THE PUBLIC INFORMATION OFFICER WHO APPOINTED UNDER THR RTI ACT 2005 OF THE MADRASS [CHENNAI] ARBITRATION TRIBUNAL
THANKS IN ADVANCE
yogita
14 April 2009 at 22:14
Hello,
My friend had a car accident and to come-out the police case he had to plead guilty and paid few hundred rs fine. After an year the injured party (motor-cycle rider) sued him in MACT. My friend has effective car driving license and valid car insurance. Insurance company wants his objections and vakalatnama to fight the case in MACT, else they can not contest claims effectively. As per insurance company investigator the injured person (third-party) did not hold driving license and he was driving the motor-cycle without owner's permission. What shall he do? Shall he go with insurance company's advice/lawyer?
PRAKASHCHANDRA MARU
14 April 2009 at 21:49
HELLO ALL RESPECTED LEARNED EXPERTS,
MY CLIENT PURCHASED FLAT AND FILED APPLICATION FORM WITH THE PAYMENT OF 51,000/- AS ADVANCE TERMS AND CONDITIONS WAS STATED IN THE APPLICATION FORMS IT WAS THE CONDITION THAT AFTER THE PAYMENT OF THE TIME OF FILLING THE APPLICATION FORM APPLICATNT HAVE TO PAY THE REST AMOUNT OR 75% AMOUNT TO THE SELLER BY ANY WAY AND FOR THE FULFILLING THE SAID CONDITIONS SELLER HAVE TO EXECUTE SALE AGREEMENT IN FAVOUR OF THE PURCHASER WITH IN THE STIPULATED TIME I.E.45 DAYS FROM THE FILLING THE APPLICATION FORM WITH THE CONNECTION OF THE SAID TERMS AND CONDITION MY CLIENT APPLIED FOR THE LOAN TERM RUPEES 17,00,000/- BUT SELLER DO NOT EXECUTE THE SALE AGREEMENT EVENTHOUGH PASSED A ONE YEAR MEAN WHILE A THREE INSTALLMENT PAID BY MY CLIENT BUT NOT EXECUTED THE SALE AGREEMENT THE BANK CANCEL THE LOAN OF MY CLIENT SO WE ISSED LEGAL NOTICE AND NOT REPLED BY THE SELLER WE LODGED COMPLAIN REGARDING THE CANCELL OF THE CONTRACT AND REFUND OF THE AMOUNT WITH THE INTEREST NOW I WOULD LIKE TO KNOW THAT FOR THE TERMINATION OF THE CONTRACT OR FOR THE RECOVERY OF THE MONEY I HAVE TO LODGE MONE SUIT IN THE CIVIL COUR WHETER FOR IT ANY NOTICE MANDATORY. IF ANY WRIT IS APPLICABLE THEN SUGGEST ME THANK U
PRAKASHCHANDRA MARU
14 April 2009 at 00:45
hello, all respected experts,
i have lodged the fatal claim case in the case the fact was that the deceased was driving his cycle on that time from the bace side a st bus of gujarat state clashed with him and he died on the spot due to the tyre rolled on him.deceased was doing the business of cooking in the functions and mairrage and party i stated his monthly income 3500/- average which is excatly corect now i have no any documentary or oral evidence for the proof of it now matter is on the evidence now it come to my knowledge that gujarat highcourt held the income of house wife is also 3000/-monthly pls.provide such type of judgement for the support to my case
thank u in advance
Pramod Kumar
13 April 2009 at 21:51
Dear Members,
Would like to clarify and see your opinion on the following points.
1. Can suit of civil nature for recovery of money be filed without giving notice to the other party.
2. Can a suit be filed against the other party without giving reply notice to the other party who has sent a notice for the same case.
Regards,
Pramod
PRAKASHCHANDRA MARU
13 April 2009 at 18:30
hello respected all experts,
my client was became guarntaor in the bank and signed the all documentmeanwhile payment not done by the borrower so the vehicle recovered by the finance company and for the unpaid due amount rupees 60.0000/- they got order jointly against borrower and the gauarntor now execution petition [darkhast filed] by the company.
now question is that borrower is already died without any kind of the property and without any heirs he was unmarried now my client was paid half portion of the due amount whetere is it possible or not please infore me if yes then provide the judgements of that types.
Prabhat K Srivastava
13 April 2009 at 12:29
Dear All,
Pls let me know-- in case of subsistence of arbitration clause in an agreement questioned under a pending civil suit, can a court compel to the parties for approaching the arbitrator or its discretionary?
Regards,
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Transfer of case procedure
Dear Members,
Would like your insights on the Sec 25 of CPC, for transfer of case from a civil court of one state to civil court of another state.
I need the following clarifications.
1. If the case if filed in a civil court do we need to engage the services of a supreme court lawyer for arguments for transferring the case to civil court of another state.
2. How long does this process takes for transfer.
3. If anyone can share any such documents that are needed or other insights in this regard will be highly appreciated.
Regards,
Pramod