kranthi kiran
26 September 2009 at 12:39
A has been issued with 38-E, Ownership Certificate, under A.P.(T.A) Tenancy & Agril Lands Act. The said certificate issued to A with the consent of the Protected Tenent only. A is daughter's son of Protected Tenant. After 33 Years the said order is challenged by the sons of the Protected Tenant (P.T)before the High Court in the Year 2007. Apart from that the sons of said P.T filed a suit for partition before the District Court in the year 2009. The sons already know taht the land is already alienated by A way back in 2005 and have even stated the same in the Plaint. The subsequent vendees are also made parties. My client is one of the such boandfide purchaser.
Can the property be treated as ancestral.
Does the suit is barred by limitation, though there is no limitation for filing partition suit.
Please give some suggetions for preparing for W.S
m.v.prabhakar
26 September 2009 at 11:51
Sir,
I Shall be glad to have your comment/opinion on the following facts.
A special judge – CBI ( ACB) was hearing on the argument on charges against the discharge petition of an accused. There was no pecuniary loss/gain on the date of sanction to any parties. Instead of either discharging/framing of charges, he had added one more person (A company thro its authorized representative) as an accused and given a new date. That company is already under BIFR and not function for a long time. Prosecution had informed that court that the factory is not functioning and no one is available to serve the notice. Incidentally the CMD of the company is one of the four accused and got exemption through HC for non appearance before the spl. Court.
My questions are.
1. Can the judge is correct in including a new accused at the time of framing of charges. I believe that the judge, at the time of framing charge has to see prima-fascia any case is made out against the accused or not, based on the charge sheet made available to him. If he is not correct pl. support me with any case laws. If he is correct also pl. proved the relevant case laws.
2. Can a Company under BIFR (Closed/Locked/No Operation) or its authorized representative be made as an accused.
3. Since the CMD of the company is already an accused and obtained exemption from non appearance from HC, can the Spl. Judge invoke the exemption and ask the CMD to appear Him for any further clarification.
4. There is one directive from HC ( against the petition u/S 482) obtained by one of the accused that the case should be disposed off on the next hearing date. The above development had taken place after the directive from the HC.
Shree Kamat
26 September 2009 at 11:39
I got married in November 2007 and my wife left my home in December 2007 we never forced her to leave home she stayed at my home for only 8 days in that also she abused me and she had fight with my mother and my sister after leaving home she started sending threatening SMS and she created scene at my workplace but I never entertained her. After three months she filed complaint in police station and police arrested me, my mother, my sister and my brother in law. She filed s.498a and section 3 and 4 of Dowry Prohibition Act. (Stated mental and physical harassment and demand for dowry) against all of us. And s.323, 325 and rape charges on my brother in law. We got bail on the same day and charge sheet is presented within three month after that she filed defamation case on my sister and my brother in law and s.125 on me. She is a MBBS by profession. And she has demanded share in my mother’s property and my sister and brother in laws property. We never demanded any dowry or single peny from anyone. In fact after leaving home my wife came at my home in the absence of us and took all the Jewelry which was gifted by us to her. She had also stated in the FIR that all the jewelry have been forcefully taken by us from her.
I don’t understand what should I do because of this my family members are very disturbed are depressed and I am not getting proper guide from anyone.
Please guide me. Can I apply for quashing of this case if yes then kindly explain.
Ramesh
26 September 2009 at 10:11
Dear LCI friends,
In case of a Will Without any property details and Testatrix uses, the wording
1) "All my remaining lands which are either in my personal cultivation or under tenants are bequeathed to MR.'X'; After my life time he shall take appropriate proceedings for either recovery of the land or of compensation from persons in occupation and take possession of the lands which are under my occupation".
2) "Any property which is not expressly specified herein shall be inherited by Smt. 'Y'."
What will Mr. 'X' 's & Smt.'Y' 's Claim.
with regards...
kuruvanagaraju
26 September 2009 at 10:09
i wnt go for conumer court in this regard pl aI belong to Alur kurnool (Dist) of Andhrapradesh and presently residing in Jodhpur, Rajasthan. With an ambition to support my family and to get self employed I contacted “M/s VENUS TRADING COMPANY, WZ-508/1, Basai Dara Pur, Behind Ramesh nagar Metro Station Delhi-110015 ” based on their advertisement placed in the daily news papers “Rajasthan Patrika” and “Dainik Bhaskar”. After going through their website www.venustradingco.com and written material supplied by them I paid them Rupees 2000/-(Two Thousand) in advance vide bill no 507 dated 18 Apr 2009 and later I paid the Rupees 48,000/-(Forty Eight Thousand) for the six head thread winding machine. As per the agreement they have to supply the raw material of 240 kg/week and pay the labour charges of Rs 35/Kg for the finished goods what we supply to them. With the machine they supplied only 40 kg of the raw material which is costing Rs 900/- and after finishing 18 Kg of the raw material we sent back to them. Till now the company has not paid the labour charges and not supplying the raw material and not returned the agreement which I sent back for correction in respect of transportation charges.
3. The original cost of the machine supplied by them is only Rs 27,000/-(Twenty Seven Thousand ) as per the original bill received by me where the company received Rs 50,000/- from me. Besides over charging they supplied me a faulty machine. The company neither rectifying the faulty machine and nor replacing and not supplying any raw material. My repeated letters for the return of the machine to the company became unclaimed
hence i request you suggestion and help
dvise me.
shreekant joshi
26 September 2009 at 09:48
my son owns a property,house, in trivandrum which he wishes to gift to his cousin (mother's sister's daughter)on the occasion of her marriage in dec 09.
my sister in law (mother's sister,same person above ) wishes to gift her house to my son on the occasion of his marriage in 2010.
we need expert advise about the stamp duty payments in kerala.
is the stamp duty same as in purchasing a flat/ house from a builder, or is it lower in a gift at the occasion of marriage ?
nagesh
26 September 2009 at 08:55
Please advice how teachers of Delhi College of Engg can take up this issue to revert back the decision of Delhi Legislative assembly in converting DCE in to DTU
NEW DELHI: Delhi University Vice-Chancellor Deepak Pental has written to the Lt Governor of Delhi stating that the legislative assembly of NCT of
Delhi has no constitutional or statutory power to make a law affecting the operation of Delhi University Act and that Delhi government has violated the DU Act by not seeking the Centre's approval for converting Delhi College of Engineering into Delhi Technological University.
Pental, in his letter written on September 7 (a copy of which is with this paper) to Tejendra Khanna stated that "Delhi College of Engineering is one of the constituent colleges of the University of Delhi under statute 30 of the statutes of the University of Delhi, and the name of the college also figures under the statues of the university. The statutes of the University of Delhi have been framed under Section 28 of Delhi University Act with the previous approval of the President of India in his capacity as Visitor of the University of Delhi. Therefore, it becomes mandatory for Delhi government to seek approval of the Central Government before notifying the said Act in its official gazette.
The letter also alleges that DTU Act 2009 has violated statue 30 of the statutes of DU according to which its constituent or affiliated institution may not suspend instruction in any subject or course of study which it is authorized to teach and teaches without the permission of the executive and academic council.
The letter further says that the "teachers of Delhi College of Engineering are teachers of the university and that the legislative assembly of NCT of Delhi cannot make a law with respect to any matter mentioned in the Union List i.e. List 1 in Schedule VII to the Constitution. Entry 63 in List 1 mentions, among others, Delhi University.''
sailash
26 September 2009 at 08:45
Myself & my wife are working in BSNL.Both of us were transferred from kollam SSA in kerala to Malappuram SSA in kerala on promotion to sub divisional engineer post. We were posted at two different location separated by 35kms. We both applied for transfer grant and The accounts rejected my wife’s applications stating that TA can only be given to one person.
As a rule TA is given when a staff is transferred out of station(>8km) in the interest of service. In our case we were transferred from Kollam to Malappuram(>300km) and posted at different HQ.
Now the accounts is saying that we both had shown the same residance address in our TG application, only one of us is eligable for TG
nagesh
26 September 2009 at 08:42
If the map of India showing "kashmir in Pakistan" is used by a Vice Chancellor in his University Prospectus, which IPC/any other act is applicable for punishment?
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Attempt to Kill
Hello Sir,
I am a student of Medical College while coming back home on my bike where one boy from the lane where his house is come out suddenly on a bike where I and the person in other direction both applied the sudden brake without hitting the boy who came suddenly we both fall dawn.
The other person as soon as he got up abuse the boy who came suddenly in front and hold the collar of the shirt, where people around the street separated them with that he took his bike and left.
During that time I got up taken out my helmet, collected my belongings which got scattered like my medical apron, books and about to lift my fallen bike the boy who came in front suddenly from the lane where his house is 2 to 3 more boys came whom he was referring as his big brothers started hitting me
One Big Boy given a Blow on my Eye, a hard punch on my right ear and suddenly one more came with Iron Rod from the house and hit on my head which started bleeding badly – If the rod had hit an inch away I might have died with the brain ham rage.
About 100 meters away there is police station from where cops came by then and boys who hit me left the place soon after that. The 2 constables took me to the police station from where I call my family members where my house is about 2 kms from the place of incident they came immediately and took me to the hospital where I got about 5 stitches on my head and big bruise on my left eye and below the right ear on the neck.
One of the cop visited the hospital and took my statement and promise that he will find the culprits who did this, but its past 24 hrs police has not done anything and when inquired they said they are not able to find who did that, but everyone on the street the shopkeepers, and people residing there they knew well who did that and who are the ones. I am very sure Police also knows who did that but keeping the eyes close.
Please guide me what steps I can take and whom all I can approach to make sure the people who injured me get punish by the law and next time dare not think of repeating this incident to anyone else.
Appreciate your reply ASAP