Mohammed Rizwan Shaikh
19 February 2014 at 01:00
Hi Experts,
In the year 2012, tehsildar had sent a demand notice of 12 Cr in respect to the Royalty of Mineral Exacavation on a partnership firm of building construction, where the actual backlog holder of the royalty is a 40% partner in the partnership firm.
Being aggrieved, the partnership firm filed a case in the High Court and produced all the legal documents including the orders of the Revenue Minister wherein the Revenue Minister set-aside all the previous orders of the Addl Collector, tehsildar etc. by way of revision to the order of former Revenue Minister 1995 in the year 1997.
Single Judge asked the partnership firm to deposit 3.5 Crore, the firm filed an appeal against the impugned order of the single judge. The Divisional Judge held that the Revenue Minister cannot review the order of the then Revenue Minister.
The matter has been listed for next week.
MY questions are:
1. Does a Revenue Minister has power to review the former Revenue Minister?
2. I would appreciate if the learned experts cites some SC judgements and Acts on the same issue where the Revenue Minister has reviewed their own order.
3. Which act would be applicable in our matter?
Regards,
Rizwan Shaikh
Mani123456
18 February 2014 at 21:40
Hi,
6 months back high court did not admit my quashing of 498a. But an speedy justice order was given and the trial court was asked to dispose the matter by 6 months. The six months are getting over in next week. In last 6 months trial court judge was very careless in dealing with the case. He never showed any intentions to dispose the case.Now recently he has been promoted and transferred. The new judge has not been coming since last 15 days. The trial court do not have any judge for last 15 days. And my wife's cross examination is not finished yet.
Now, my question is what action I should take to get speedy justice. I am innocent and trial court had been too reckless to finish off the case and each day I feel frustrated. When must I approach the high court again to quash the 498a case against me. My wife comes to the court according to her wish, she comes once in 3 to 4 dates. Other witnesses have been missing despite Police sent them summon and many NBWs have been issued against them. They never bothered to appear.
If the trial court new judge does not come in next few days what action I can take? where can I complaint about this?
My life is completely getting ruined due to crawling reckless judiciary where not even high court order is being followed seriously?
How much more time I must wait before going to high court again? Kindly advise me.
Regards
Mani
sk..........
15 February 2014 at 19:26
In civil suit plaintiff filed wrong plan and the suit is not in pecuniary jurisdiction when i.a file is dismissed now what is the solution.
Peter
15 February 2014 at 17:29
Hi ,
I'm a Catholic man recently married to a Sikh divorcee with a 8 year daughter. My wife was married under the Hindu Marriage act. As per her divorce agreement , she has custody of the child.
My wife has uses my name . I would like advise on how we can change the surname of the child .
Peter.
Shweta Deshpande
13 February 2014 at 10:02
Hello, we have received an opposition for one of our brands, even though the name is gradually different than the one opposed. We have not received the hard copy from them but it is showing "Opposed" on Government portal. Some advised us to wait for the hard copy of the opposition and some asked to reply. Opposition is taken very recently. Kindly let us know what action needs to be taken.
Thanks and Regards
Rupesh
08 February 2014 at 10:52
Hi,
there is land survey done by state govt., as we were not present during survey, so our land survey was done in the name of another person. pls let me know whether this will create any problem and how to change survey name in the favour of me?
All the deeds and papers of my land are in the name of mine and with me.
rupeshgangurde
03 February 2014 at 21:53
Subject: Dispute of Parental undivided property.
Mr. Yeshwant the landlord (karta) of the family has the property (i.e. 2.73 Hectares of Agricultural land) situated in Maharashtra state, married to Vimalbai and had a son name Ganpat in the year 1940. Mr. Yeshwant got divorced somewhere in the year 1945. During that period divorce was made by panchayat, hence no record of divorce is available now. Mrs. Vimalbai had expired in the year 2002.
Again Mr. Yashwant has got married to Durgabai in the year 1945 and had one son and four daughters with his second wife. He had added the name of his four daughters in the 7/12 sheet of his ancestral property (agricultural land) as other right holders as a part of marriage agreement between Durgabai and him. This was done by giving application to Talathi and thereby to make corresponding entry in the 7/12 sheet. Both of his wives are expired now.
After his demise in the year 1999, all the four daughters have added their names in the main right holder column of 7/12 by giving application to Talathi in the year 2008. All the four sisters have been married before 1994 and are well settled. The father (i.e. Yeshwant) had not executed any will or partition before his demise.
In 2012, the second wife’s son name Vijay has purchased the share of his all four sisters through a registered sales-deed leaving behind only 1/6th share of the property to his elder brother (i.e. Mr. Ganpat of first wife’s son).
According to the Maharashtra Amendment adds to the principal Act (THE HINDU SUCCESSION ACT) a new chapter II-A has excluded a daughter married before 22/06/1994 (the date of commencement of the act) from the benefit of getting equal share in the father’s property. Also the Hindu Marriage Succession Act amendment 2005 gives a daughter equal right in the property by birth. But the applicability of the Act is from the year 2005. The Act neither speaks about a daughter married before 2005 nor it gives the clear idea about the share governed by the state law. The laws in the states in India relating to Mitakshara coparcenary property differ.
So kindly suggest the share of first wife’s son and the share of daughters in the father’s ancestral property, as the daughters have been married before 22/06/1994. If the petition is filed now then what will be the result with respect to the law. Is notional partition applicable or exists in this case, as the KARTA of the family has not executed any will or partition. For example: -
i) 1/3rd share of first wife’s son.
ii) 1/3rd share of father (Landlord).
iii) 1/3rd share of second wife’s son.
iv) And again from 1/3rd share of property of father, the first wife’s son will get 1/6th share, i.e. His total share in the property = 1/3rd share of his own + 1/6th share from his father. (As the father has 2 sons & 4 daughters).
v) Kindly explain whether Article 245 of the Indian Constitution is applicable for this case for resolving conflict between the laws i.e. The Maharashtra Amendment to Hindu Marriage succession Act 1994 Chapter II A and Hindu Marriage succession Act amendment 2005.
References: -
i) The Maharashtra Amendment to Hindu Marriage succession Act 1994 Chapter II A
ii) Hindu Marriage succession Act amendment 2005
iii) Article 245 of the Indian Constitution
iv) Section 29 A Mitakshara Law
md ismail
27 January 2014 at 21:18
Thanks for all those who gave time to read my query and replied to the question. I would like to hire someone who can help me in getting this patenting process done. I would like to know the cost of this process and the fees charged by you (patent agents). Let me know the time it may take to complete this task.
Thanks
Hi,
I have developed a training program (material and method) IT IS NOT A SOFTWARE) The material and training method which i want to use is unique in India and in the world (i think). I want to patent my idea of training, the type material i developed and the method of training. Due to high competition in education and training sector, i am thinking that, as soon as i introduce the program, many will adopt my ideas (as i intend to take this program in complete India and in other countries) and competitors may change little or update it and start the same method. My training material and method of training can help lakhs and millions of people around the world in a particular field. But i want full credit of my development.
People having expertise in patenting may help me with their valuable answers.
Thanks
NareshChary
18 January 2014 at 13:01
Respected Lawyers,
I would like you valuable advice on my grandfather's property.My grandfather has a property which is left without any inheritance.he died 30years back. I would like to know how the property would be shared between the son's and grandsons
My grandfather has 2 sons' and one daughter.My father is the elder one and has 4children and my uncle(father's brother) had expired 25years back and is survived by widow and her daughter who is married.Now there is some dispute in sharing of the property.
The mentioned land was in litigation till last year,due to our efforts we could able to get the land back to us after hectic negotiations for years. And after my uncle expired my father had taken care of my grandmother till her death .So we are asking for some additional share from the property.
I would like to know if it is a legitimate demand (b) how can the property shared between all of us (c)is it possible to distribute the land between the grandchildren equally.
Please give your valuable suggestions.
Thanks in advance.
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Landlord asking rent after vacating the house
Hi All,
I have been staying in a rented house from 01/04/2013 to 28/02/2014.My owner called me on 4 of Feb 2014 and asked me to vacate as he is going to shift. Now i got another house by 9th Feb and informed him that i have received a new house and decided to vacate.So the owner agreed to give me back my advance and he will charge me rent till 10 of Feb only . Now after vacating the house his relative called me and asked me to pay rent for the entire month to the owner.Now owner is also asking me to pay for entire month. Is there any law that protects me in this case i dont want to give any more money as it was owner who has asked to me to vacate so whatever date i leave i should not be charged for extra days.