Anonymous
09 November 2009 at 22:40
Respected sir, Is mutation of land falls under notified area(municipal area) necessary after purchase? In urban area land is meant for residential purposes not for agriculture. Is paying revenue and getting revenue receipt necessary after mutation, when one is already paying municipal taxes of their holding? Does these have any legal value in Title and possession? In Jharkhand everyone pays revenue to the revenue department also for urban residential land. When there is no standing crop in the land why should anyone pays revenue of it? This provision is making employees of revenue department richer and more corrupt. What they generally do is when anyone applies for mutation they agrees someone to file objection, then they negotiate appropriately by asking huge demand.Can urban land be freed from clutches of revenue department by filing writ petition/PIL? Please advice. Thanks a lot.
Jibanananda Goswami
09 November 2009 at 20:59
I have sent a RTI application to our District Magistrate via SPEED POST. The application is attached. This is my first RTI application, so I am not sure if everything is rightly done.
1. I beg to the respected experts to review the application and correct the errors to make it perfect.
2. I sent it without any proof of citizenship. Will it work?
3. I sent it to the D.M. directly, without PIO etc. Is anything wrong?
4. It is sent by SPEED post, no AD card. Will it create problem on filing appeal in no response case?
With lots of thanks.
** For the experts: I sent it with Rs. 10.00 court fee stamp affixed. Sorry, I forgot to tell it.
saumit joshi
09 November 2009 at 17:29
please provide me the copy of The Registration (Gujarat Amendment Bill,2008)
Pooja Sethi
09 November 2009 at 17:03
Dear all,
Please help me to solve the query.
One person called A takes a loan from bank called B and left one house as mortgage against loan with B.
Now B offer to A to get mortaged property insured against which the payment would be effected by B itself which A agreed.
Now due to negligence or say misconception A gives every month EMI including insurance amount and paid all EMI last on Dec 2008. After ten month A realize that he had paid more amount compared to agreed one which A discussed with B. B also agreed and gave its concern but also state that refund of extra amount is against the policy of bank so nothing can be done.
What remedial action are available to A.
Is A can file any civil suit or can he approach any consumer court ?
siddhartha pydipati
09 November 2009 at 16:56
a colleague of mine took Rs.4000 from me as debt two and half months ago.i didnt insist on writing a pro note.oral agreement to repay the same without any interest was made.as the lendor,am i entitled to demand interest on the sum he borrowed? is it legal to ask for a 10percent interest at the time of repayment without informing him beforehand?
Anonymous
09 November 2009 at 16:30
Respected Sir,
I filed a suit for Specific performance against the defendants and the same was dismissed. Later I preferred an Appeal before the High Court. While pending the said Appeal, both the parties entered into a compromise and accordingly the said appeal was ended in the year 1976. (1st compromise) After a period of 9 years, when the JDRs trying to alienate the said lands, I filed a E.P. for registration of the sale deed through court. While pending the said E.p. again both parties have entered into another compromise and accordingly a memo is filed and recorded on dt.21-02-1985. (2nd compromise). The important clauses in the said compromise decree is: hereunder
Clause No.2: Today the JDRs have handed over the physical possession of the above said lands referred to the DHR/plaintiff.
Clause No.4:- In case of failure or default in executing and register the sale deed as agreed by the JDRs, the DHR is at liberty to get the same executed through court
Basing on the said 2nd compromise decree, I filed a petition along with decree copy, before the Mandal Revenue Officer (shortly as MRO) of the concerned, for regularization u/s 5A of Andhra Pradesh Record of Rights in Land and Pattedar Pass Books Act, 1971. The said Act is read as follows:-
Section 5-A Regularization of certain alienations or other transfers of lands:-
(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force [where a person is an occupant] by virtue of an alienation or transfer made or effected otherwise than by registered document, the alinee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
(2) On receipt of such application, the Mandal Revenue Officer shall after making such enquiry as may be prescribed require the alinee or the transferee to deposit in the office of the Mandal Revenue Officer an amount equal to the registration fees and the stamp duty that would have been payable had the alienation or transfer been effected by a registered document in accordance with the provisions of the Registration Act, 1908 as fixed by the registering officer on a reference made to him by the Mandal Revenue Officer on the basis of the value of the property arrived at in such manner as may be prescribed.
The MRO after due enquiry issued a certificate u/s13 © of the Act in the year 92. As against the said order, the respondents preferred an appeal before the appellate authority ie., Revenue Divisional Officer (shortly as RDO} claiming that” no notice was served on them before passing the orders and hence it is liable to be dismissed”. After due enquiry, the RDO has dismissed the said appeal in the year 1993 and confirmed the orders of the MRO. As against the said orders, the respondents preferred a Revision before the Joint Collector( shortly as JC) of the concerned and the same was also dismissed by confirming the orders of the MRO and RDO in the year 2000. The JC further stated that the application of the Applicant (myself) was also considered under Rule 27(4) of the A.P. Rights in Land & Pattedar Pass Books Rule, 1989. The said rule is like this
Rule 27 (4) of A.P.Rights in Land & Pattadar Pass Books Rules 1989:-
Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received form court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of rights and Pattedar pass Book, the Mandal Revenue officer shall incorporate changes in the Record of Rights and Pattedar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the record of Rights and Pattedar pass Books, If the decree is received or produced by or before a Registration officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Office for necessary action.
In the meantime, after passing the orders of Joint Collector, I filed a petition before the Mandal Revenue Officer requesting to incorporate my name in Revenue Records and the same was also accepted by the MRO and incorporated my name in the Revenue records.
As aggrieved the said orders of the JC, the respondents filed a Writ Petition before the Hon’ble High Court and the same was dismissed in the year 2001 by confirming all the orders passed by the below and stated that no notice was served, as required was not considered at this point of time”. As aggrieved by the orders, the respondents preferred a Writ Appeal before the Division Bench in the year 2001 and the Division Bench allowed by quashing all the orders passed below authorities and judgment of the Single Judge under appeal is set aside on the ground that “ The application of this DHR/plaintiff for up dating or amending the entries in the record of rights based on the decree granted by a competent court of civil jurisdiction, but it is an application filed under Section 5A of the Act seeking regularization of transfer made and effected under an agreement of sale, which ultimately ended in a compromise decree for specific performance of agreement of sale,That compromise de4cree itself remained unexecuted since it did not result in execution of any sale deed.The whole claim of transfer of the lands in question is based on an agrrment of sale which document cannot be considered to be a document of “transfer” or “alienation”. As against the said orders, I preferred a S.L.P. before the hon’ble Supreme Court and the said S.L.P. is till pending.
Now I want to clarify that:-
1. As per the 2nd compromise decree, am I entitled to claim my right to receive the property by way of registration of the sale deed through court, as none of the respondents have challenged the 2nd compromise decree.
2. If so, whether the compromise decree is still have time or barred by limitation. If the compromise decree still alive for execution, shall I go and file a fresh E.P. for registration of the Sale Deed ?
4. When the respondents have failed to register the sale deed in my favour , as per the orders of the lower court passed in 2nd compromise decree, instead of approaching Civil Court for registration through court, I have approached the MRO for regularization on the basis of a court decree. In this whether I have acted according to the subsisting rules or my approach is out of rules?
5. JDRs challenging the procedures. Will DH lost the rights as per the compromise decree? The compromise decree has barred by limitation.
6. So finally what I want to do in this regard?
So please give your opinion in this regard.
sudhakar s. yeradkar
09 November 2009 at 15:34
The standred period for CASE filling U/s.138 of NI Act is like - Notice within 30dyas + 15 days waiting for Pyment remittance + Within 30 days Case to be filled if pymnt rmntce not received = total 75 days period.
If Notice refused by cheque issuer, then 15 days paymnt remittance, can we consider for filling case OR is it necessary to file CASE without counting that 15 days?
Pls.guide.
best rgds,
Sudhakar Yeradkar.
Pramod Harkisondas Divecha
09 November 2009 at 14:07
Officials of an insurance company had appraoched me for investing about 7.50 lacs in their savings-cum-investment plan.
They advised me to go for a medical test which was done. However,test rpeorts when received were found to be totally inaccurate and false.My Investment proposal was declined on the basis of false medical reports.
Inspite repeated representations and fresh tests conducted by us at our won costs and a certificate from our family doctor detailing the true and healthy condition, the insurance coompany does not mend.
I request learned memebers and friends to inform me of certain court decsions wherein such a situation has been dealt with and such false medical reports have been ordered to be overlooked.
Pramod Harkisondas Divecha
09 November 2009 at 14:06
Officials of an insurance company had appraoched me for investing about 7.50 lacs in their savings-cum-investment plan.
They advised me to go for a medical test which was done. However,test rpeorts when received were found to be totally inaccurate and false.My Investment proposal was declined on the basis of false medical reports.
Inspite repeated representations and fresh tests conducted by us at our won costs and a certificate from our family doctor detailing the true and healthy condition, the insurance coompany does not mend.
I request learned memebers and friends to inform me of certain court decsions wherein such a situation has been dealt with and such false medical reports have been ordered to be overlooked.
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restoration of shares from court
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