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siddharth   25 September 2009 at 23:49

aquiring land

i am a graduation student.looking at the present plight of Indian farmers i feel their main cause is less area of land own by them.this limits their way of approaching things(like they cant use tractors because they don't have enough land & fund).we came up with a idea that we go to farmers and ask them to RENT their land to us..so we would collect similar lands in a area and thus have a huge amount of land with us. thus we can help them with recent technology & help increase their production...is this thing possible in present Indian laws...

V.V.RAMDAS   25 September 2009 at 22:23

where /what is the provision to pro a free copy of bail reje

Dear frients,
where/What is the provision of law or circular to provide a free copy of Bail rejection order to a UTP.

Abdul Aziz   25 September 2009 at 22:10

Regarding Owners Assocaition law.

Hello Sir,

Our's is a registered Owners association in Thane district, Nerul, Navimumbai. Please help me to understand if i have any dispute with the Managing Committe members or tenants of the society, under which law of act it will be addressed.

Issue: Leakage issue from above flat owner who happens to be seceratary of the Managing Committee.

Property Law or Civil Law.

Thanks to guide me on the same.

vetrivelan.s   25 September 2009 at 22:06

will

a WILL document comes into force only on the demise of the person who made the WILL. WHAT ARE THE STEPS TO BE TAKEN FOR THE EXECUTIONN OF THE WILL, ANY SPECIFIC PERFORMANCE & PROCEDURES TO BE ADOPTED. PL REVERT WITH YOUR ANSWERS, THANKS

Rajneesh Madhok   25 September 2009 at 21:48

FAA given date & time of hearing Malafide intention

FAA GIVEN DATE & TIME OF PERSONAL HEARING WITH MALAFIDE INTENTION.

First Appellate Authority (FAA)
Today on 25th Sep 2009 FAA had fixed the date of hearing at 11 AM in Secretariat. At every stage there is a great drama. The address of hearing was given Room No. 507, Mini Secretariat, Punjab, Chandigarh by the FAA . On reaching the specified office on 5th Floor of Secretariat. I was told that there is no office of said FAA . Then I came to the point and enquired about all the offices concerned with School Education in Secretariat. There were 5 Secretaries of School Education. (All I.A.S. officers). As I had been served the notice and I continued my search for (Education-6 Branch), Education Department, Punjab Govt. Ultimately I succeeded in locating the office of Education-6 Branch. It was on the 2nd Floor and the office of the concerned officer was located in 207. In the notice it was not mentioned about the name of Special Secretary School Education.
On enquiring from the Superintendent I got the clue the case is concerned with this department. When I enquired about my hearing. I got an amazing reply that Mr. R.L. Mehta has gone to Maharashtra as observer on election duty. I said Sir, I had been served the notice to attend the hearing. He said all of the sudden he has been deputed for the same and secondly pointed out that there is no use to attend the hearing. As no body comes to attend personal hearing. I said I had requested several times to attend the personal hearing on phone and in my application as well. He said the respondent don’t come to attend the hearing so I think it is useless to waste your time. Secondly you have the matter concerned with Private School. The Private Schools don’t come in the purview of RTI . I said The Hon’ble FAA has himself mentioned in his notice served to the District Education Officer (S.E.) that “though you have written in your reply in Letter No.**** dt*** that the school is completely private school so the information can not be supplied to you.
Now Rajneesh Madhok has mentioned that the said school has got grants from the Govt on different works, like purchase of land, construction of building etc. So, you are directed to send your remarks whether the school has got the grant in any shape or not. If any School has got grant then it will come under the purview of the RTI .

On my this argument he directed me to go to Superintendent of Education III. Then again he directed me to go back to the same Superintendent. Then I was directed to go to Mr. J.S. Grewal, Secretary, School Education. The Superintendent of the Secretary said that we have not got any file from the concerned department so the hearing can not be attended by the Secretary. Then I was directed to go to Special Secretary, School Education Mr. Krishan Kumar’s office. Office Superintendent directed me to go to the same office and contact the superintendent of Mehta Sir. I was astonished to note when I submitted my Written Submission with regard to hearing the concened staff don’t accept the written submission saying first of all the Special Secretary will mark then we accept the letter and enter in diary.
The FAA is located 120 Kms far from my residence. I have to suffer mental and physical torture and wasted undue expenditure and wasted my time and energy due to the highhandedness of the FAA . I tried to save precious time to go to attend the hearing in SIC. In case the matter had been settled at FAA ’s level.

Though to attend the hearing was optional on my part, I attended to get the fruitful results in first hearing. Is it not wastage of time and energy and PIO has no botheration and is not concerned with the hearing. Only the appellant is being suffered.

Now what should be the next action kindly suggest. Whether I should write to the FAA in harsh tone that he has wasted my time to invite me on hearing and tried to serve notice with malafide intention. Instead of fixing a date of hearing if he would have directed the PIO to reply to my application, then the precious time and energy would have been saved. But he had not having good intention.
Whether there is a provision that FAA could be called for presence in Second Appeal . Whether I should report the matter to the SIC and file the application under Complaint . I know FAA will not be penalized in any case.

Secondly should I claim under Section 19(8)(b) to compensate the complainant for any loss or other detriment suffered. I hope only the solution the department will be having to conduct the departmental enquiry and no body will be pin pointed for the responsibility of the negligence. Can SIC can pin point the negligence and responsibility of FAA . The loss of public money involved by way of compensation being caused due to the neglect of FAA , the loss will be recovered from FAA . Will it be? Will SIC take such actions? Whether any day we shall get justice from the lobby of these babus. I request the learned friends to throw light and guide me about the next step.

As the Secretary is the head of the department. So, nobody can charge sheet him. So, the enquiry can not be made. Sir, the need of the hour is to take penal action against FAA , but there is no such provision and secondly the Commissioner will not like to take action on FAAs.
CHRONOLOGICAL CHART:
Date of Application: 1/8/09
PIO replied on: 13/8/09 received by me on 17/8/09
First Appeal : made on 19/8/09
Hearing date fixed by FAA : vide letter dated 9/9/09 received by me on 14/9/09

Rajneesh madhok,
B-xxx/63, Nehru nagar,
St. No. 2, Railway Road,>>
Phagwara-144401 (Pb)>

ghansham das   25 September 2009 at 21:43

NI Act-138 , 141-142,,,

Dear Sir,
Can it pls be reply-

A deemed registred Ltd, company collects the a deposit/advances, remained attahced with its principal company which is public-listed one in BSE/NSE/etc: ok.
Now after taking money, appointing agancy workings,start harrasnments, diladalla, & issues payments for admitted liability, which is made to stop -dishonestly,?
[ 138 case filed, in 32/35 days,]

Also fails to refunds the dues,claims, etc, but
sells out its shares,rights,etc to third party.

What are the steps under which such section- rule- acts etc are in existance, to curbed and controll & making awareness to Public too,can be adopted.
which are different courts are to be approached, compalint to be sent, where, how, with along with Police stn if so, pls guide.
thanks
janaki raman

Dr.Gaurang N. Gandhi   25 September 2009 at 21:33

Language of suit at the time of filing....

Seniors

Please solve my query quickly.

today in one case under sec.138 of N.I. act the advocate of accused demanded to translate the whole suit in vernancular language i.e. in GUJARATI, in JMFC.

We r generally doing court proceeding in english.

Is there any article/ section/ or latest judgement that make compulsion to do so?

Pl source me judgements in favour and against us.

It is very urgent for us.


judge also urged us to do so if we fail to prove that there is no such provision that bind us to translate the suit in Varnencular...

ashish misra   25 September 2009 at 21:00

138 nia act

i have some business transaction with a company. these transaction run around five year . in 2005 company unwritten demand some security cheque .i have give around 15 cheque blank cheque only company name is mentions. And my signature amount
column is blank .
23th of july 2009 I closed that account due to some problem . immediately I inform company person . due to some dispute our business is closed .
Company present some cheque on 22.9.2009 due to account closed the cheque is dishonored . they send me legal notice 19.11.2009 . i file a criminal case against you.

Dear sir
1. i have evidence that cheque is issued in 2005
2. I inform the company that account is closed

ashish misra   25 September 2009 at 20:59

138 nia act

i have some business transaction with a company. these transaction run around five year . in 2005 company unwritten demand some security cheque .i have give around 15 cheque blank cheque only company name is mentions. And my signature amount
column is blank .
23th of july 2009 I closed that account due to some problem . immediately I inform company person . due to some dispute our business is closed .
Company present some cheque on 22.9.2009 due to account closed the cheque is dishonored . they send me legal notice 19.11.2009 . i file a criminal case against you.

Dear sir
1. i have evidence that cheque is issued in 2005
2. I inform the company that account is closed

sankar.n   25 September 2009 at 19:39

FACTORIES ACT CITATION REQUESTED

P. PARASURAMAN,
N. SANKAR,
ADVOCATES,
VELLORE -9.

DEAR FRIENDS,

PLEASE LET ME CLARIFY WHETHER THE SPECIAL OFFICER (IMPLIED BY NAME) OF A CO.OP SUGAR MILL IS LIABLE FOR THE DEATH OF A WORKER OF THE SUGAR MILL WHILE HE WAS HIT BY THE REVERSING CONTRACT CANE LORRY IN THE UNLOADING SITE OF THE SUGAR MILL CAMPUS UNDER FACTORY ACT ON THE PRETEXT OF NEGLIGENCE AND LACK OF SUPERVISION, APART FROM THE PROSECUTION OF THE LORRY DRIVER UNDER 304 (A) IPC, COMPENSATION BY THE MILL AND COMPENSATION UNDER MCOP. AT THE TIME OF ACCIDENT, THE SPECIAL OFFICER WAS HOLDING ADDITIONAL CHARGE ONLY. FURTHER THE DIRECT SUPERVISING OFFICER (FACTORY MANAGER) HAS ALSO BEEN PROSECUTED UNDER THE FACTORIES ACT. WHEN THE FACTORY MANAGER WHO WAS DIRECTLY SUPERVISING HAS BEEN IMPLICATED IS IT NECESSARY TO PROSECUTE THE SPECIAL OFFICER WHO WAS HOLDING ADDITIONAL CHARGE THAT TOO BY HIS NAME INSTEAD OF DESIGNATION. APPROPRIATE CITATIONS MAY KINDLY BE GIVEN.