muthukumar
01 October 2009 at 19:44
Sirs,
my father was working at tamilnadu electricty board and now he was retirned from the service from 2005. During his service period from 1978, he had taken medical leave from the year 1988 to 1995. After that he has approached the concerned authorities to join, they have refused him for a period of eight years. Finally, he has got the job by the order of the High court and he has joined the duty at 2003 and gets retired at 2005.
The e.b.board has calculated his service from the period 1978 to 1988 and 2003 to 2005 and given a pension of Rs.2000/- which is very low. They can caculate the period of service from 1988 to 1995 as delay in service and 1995 to 2003 as loss of pay and they could not calculate pension for such period. The negligence is in the part of e.b., because they have not given the job at the correct period.
so, kindly give me an advice in this regard.
Thanking all.
muthukumar
01 October 2009 at 19:04
What is the procedure to get OBC Certificate from Court
WHATSAPP 91-8075113965
01 October 2009 at 18:36
sirs,
i have forewarded a private complaint u/s 156(2) crpc through a magistrate court to a particular police station.court forewarded my complaint and police laid the charge sheet after investigation. but, the problem is that one person whom i have cited as a witness ,was also arrayed as accused, along with other persons whom i have shown as accused.
so, here, i would like to know , what i should do to make him as a witness again or the police has the final say ?
can i order re-investigation ? if so, under what provision ?
salilkumarp
WHATSAPP 91-8075113965
01 October 2009 at 18:12
sirs,
in a suit for eviction and arrears of rent, plaintiff was depending up on a kacheet[rent agreement]. after filing of the plaint,when the defendant was served with the copy of plaint, defendant came to know that rent demanded and period stated in the katcheet do not match, he gave a written statement, to that effect.
after , receiving the copy of the written statement, plaintiff seeks permission to amend the plaint.but, the defendant thinks of opposing the plaintiff"s attemptby filing a strong counter- statement, on the ground that it should not be allowed as, it will change the very nature and charector of the suit.
also,plaintiff came to know about this mistake only after going through the written statement filed by the defendant .
please advise me whether there is any ruling to the effect that amendmend should not be allowed .
salil kumar
advocate
thalassery-670101
s k majumdar
01 October 2009 at 18:08
Dear sir
i) My daughter, being the only child of ours is presently pursuing her B.Tech in Nagpur.She is final year candidate and the course will be completed by March'2010.She is from Jharkhand state.
ii)She is being constantly threatened by one of her friend to marry him before sitting for the final examination else he will murder her.The boy is under apprehension that after completing final examination she will leave nagpur and therefore will be out of reach to marry.
iii)Except for pure friendship my daughter is having no other relationship with the boy.
iv)The boy is local one i.e from Nagpur and is engaged in the property dealing business of his father.
v)We as parents are under constant fear and both i.e me and my wife being highbloodpressure and heart patients and do not know how my daughter can be saved out of the clutches of this rogue element.
She is not able to concentrate on her studies and living in constant fear.
vi) we do not want any marital realtionship of my daughter with the boy because the boys family and ours is from a different cultural background and the boy is not educationally at par with my daughter.Moreover the boy is having no income of his own.
vii) Pls. suggest ways of what are the measures available to me to get out of this serious predicament.
viii)Shall i go to the police or shall we go for a legal remedy or shall we tell all these to the parents of the boy.If so then what are the likely fallouts.What will be the prudent action.
viiii)The boy we understand is adamant and refusing to obey his fathers ande friends advices and is hell bent to damage the career and life of our only child by marrying before the examination which is likely to be held in March'2010.
Pls. help me by ur kind advice.
S.K.majumdar
Asst.Manager(Internal audit)
WHATSAPP 91-8075113965
01 October 2009 at 17:49
hi sirs,
i have a doubt. that is, as per KERALA ABKARI ACT if a person is found transporting ,exporting, or importing any indian made foreign liquior, manufactured and permitted to be sold only in some other state in india, without paying the excise duty , in a jeep, normally the procedure to be adopted by the police is to arrest the accused, charging him u/s 55[a] of kerala abkari act and the property and jeep will be confiscated to the government u/s 67 of abkari act and a seperate proceedings will be held before the excise commissioner, for the release of the vehicle.
but here the police erred in ,not informing the matter to the excise commissioner, by preparing an inventory list.
if so, whether, the accused can file a petition u/s 457 crpc before the magistrate court, for the release of the vehicle ?
salil kumar.p
advocate
thalassery-670101
chandra1
01 October 2009 at 17:47
a property was allotted by Development authority to "A" on the installment basis the sale consideration of the property was Rs.4Lacs and due to default in making installment payment, the consideration as per rule of development authority was shown in the sale deed Rs 9 lacs(including the interest of Rs.5Lacs) at the time of execution of sale deed and the stamp duty has been paid accordingly. thereafter few days "A" sold the property to "B" in a consideration of Rs. 4lacs to his brother and as per provision of the stamp rules the stamp duty has been paid on the market value evaluated on the basis of circle rate. The subsequent deed has got registered in the appropriate office. After some days The subsequent sale deed has been referred to the collector under 47A of the Indian Stamp Act, 1899 by the registering authority merely on the ground that the consideration in earlier sale deed executed by Development authority was shown Rs. 9Lacs(actual sale consideration of the Property Rs.4 Lacs + interest Rs. 5Lacs) which was higher than the consideration shown in the subsequent sale deed. It may pointed out The market value of the property as per effective circle rates come to Rs. 6 Lacs and the stamp duty has been paid accordingly. In this way the subsequent property is not under valued. Now as we know that the chargeability of the stamp duty impose on the instrument and the facts set forth in the instrument, the object of the section 47 A is only to neutralize the effect, the under valuation of the property with a view to realize proper stamp duty. It is not meant to be applied in a matter of fact fashion in haphazard way. Now question are a) whether the reference made by the registering authority is valid and how? b) the stamp duty may be realized on the basis of the consideration(actual sale consideration of the Property Rs.4 Lacs + interest Rs. 5Lacs) made in the previous document. If any citation in this regard is available kindly send us. Thanks.
Dr C Suresh
01 October 2009 at 17:47
With all the abuse of 498 by women can I make a suggestion and is it possible: Suppose the mother-in-law leaves the house and files a 498a against her daughter-in-law and daughter-in-laws family.
Surata Ram
01 October 2009 at 17:03
In a recent case, Police have submitted a chargesheet on 31 March 2009. Now in Septemeber 2009, police is about to submit a chargesheet for more accused in the same case even after FR. (Before this the prosecution lawyer had applied a revision potition for cognizance of additional accused.) The accused have applied for anticipatory bail. hearing is going on. What would be the position of the PP, the Judge, the counsel of the defence and the prosecution. Which provision of the Cr.PC would help whom?
What is the likely decision in the bail?
What may be the bearing on the case and the other accused who were chargesheeted initially? Kindly elucidate. Regards
Surata Ram
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Stamp duty
clarification
Facts
1-That a property was allotted by Development authority to "A" on the installment basis, for the sale consideration Rs.4Lacs .But due to default on behalf of the allot tee, in making installment payment. The sale consideration was shown in the deed Rs.9 Lacs at the time of execution of the sale deed. Now the actual sale consideration Rs.4 Lacs + 5 Lacs as the interest there on. The stamp duty has been paid accordingly.
2- Thereafter few days "A" resold the property to “B”for the Sale consideration Rs. 4lacs. The proper stamp duty was paid on the sale deed of “B” and the market value of the property comes to Rs.6 Lacs . The sale deed of “B”has got registered in the appropriate office. After some days The sale deed of “B” was referred to the collector under 47A of the Indian Stamp Act, 1899 .
2- The Sale deed of “B” was referred by the registering authority merely on the ground ,
that the sale consideration was shown Rs. 4Lacs in place of Rs 9Lacs as shown in ealier sale deed of "A" [actual sale consideration of the Property Rs.4 Lacs + interest Rs. 5Lacs]. In his reference it was not clarified, that the earlier sale deed of “A” was executed by the Development authority . It is also pertinent to mention here that the Stamp Duty on the Instrument is being charged on the Sale Consideration Shown By Development Authority. Meaning there by Market value does not effective in the sale deed those are being executed by Authority.
3- The deficiency of Stamp duty was evaluated on the sale consideration of Rs. 5 lacs. And it was further submitted The Sale consideration in sale deed of “B” could not be lowered than 9 Lacs.
4. The sale deed which are executed between private person, the stamp duty is being paid on the market value or consideration and in both which is higher. And on the execution of the sale deed of “B” the stamp duty was paid on market value as per Circle rate issued under relevant rules. The market value was higher than the consideration and the stamp duty was being paid on the market value.
5- In this way the Sale deed of “B” was not under valued in any legal aspect. Now as we know that the chargeability of the stamp duty impose on the “instrument” on the basis of the facts, which is being set forth in the instrument.
4- The object of the section 47 A is only to neutralize the effect, the under valuation of the property with a view to realize proper stamp duty. It is not meant to be applied in a matter of fact fashion in haphazard way.
Now question are:-
a) Whether the reference made by the registering authority is valid and how?
b) the deficiency of stamp duty shall be realized from the sale deed of “B” on the basis of the consideration made in Sale deed of “A”.
d)chargeability of the stamp duty cab be impose on the basis of the facts of other instrument of the prpoerty.
c) If any citation is available. kindly send us. Thanks.