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AJIT KAWATKAR   21 August 2009 at 17:49

land acquisition act-recent ruling by apex court

with reference to the news mentioned here below,can any body provide full text?



Declaration to acquire land must within one year of notification: SC


21 Aug 2009, 0259 hrs IST, PTI


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NEW DELHI: The Supreme Court has ruled that the government has to mandatorily issue a “declaration” for acquiring public land within a year after
the “preliminary notification” had been issued as otherwise the acquisition proceedings would become illegal. Upholding the appeal filed by Vijay Narayan Thatte and certain other aggrieved land owners of Maharashtra, the apex court said if the statute prescribes certain rules and prohibitions, then the same have to be complied with.

A bench of Justices Markandeya Katju and Asok Kumar Ganguly quashed the acquisition proceedings launched by Maharashtra government on the ground that the declaration proceedings as mandated under section 6 of the Land Acquisition Act, 1894, was not followed by the government.

Under section 4 of the Act, the government has to first issue a “preliminary notification” informing the public about its proposal to acquire the public land in question. Thereafter, under section 6 of the Act, the government has to issue a separate “declaration” about its intent to acquire the land. But under section 6, it is clearly stated that such a declaration must be mandatorily made within a year of the issuance of preliminary notification.

In this case, the Maharashtra government first issued the preliminary notification on August 29, 2002, and thereafter the declaration under section 6 on October 30, 2006, more than four years after the preliminary notification.

The aggrieved land holders challenged the declaration but the Bombay High Court rejected their plea following which they appealed in the apex court.

Shah Trupti   21 August 2009 at 17:48

limited liability partnership act

Dear Sir,

I want to ask you about Limited Liability Partnership Act and What is Limited Liability Partnership? Pls give me all the details on this topic as soon as possible.

Mukesh   21 August 2009 at 16:44

RIGHT OF WIFE ON HUSBANDS PROPERTY IN DIVORCE CASES

Honourable Members

I had earlier asked questions and got very satisfying replies. I shall be obliged for your kind guidance in the following matter :
My wife and her parents are exerting pressure on us to take back my wife who is living with her parents for last 1 year after only 3 months of marriage and living with us after all nonsense and false allegations. I have made up my mind for divorce. We are trying a negotiated settlement but are not sure of their intentions. They may file a false case if the results are not to their satisfaction.
We have a 3 room flat and there are 6 persons. 1 room was given to me/wife other being with Mother/Father/unmarried sister and Brother/wife. The flat is registered in my mother's and my name. I had however before my marriage gifted my share in favour of my mother due to family problem with brother. The gift was given on a simple Rs.10/- stamp paper which was not registered.

a) Can my wife claim share on this flat ?
b) What is the amount she can claim from me as permanent alimony ? Can she claim 50% of my other assets like shares, cash Fd etc.?
c) Whether she can claim from the properties of father,mother,sister also.
d) Can she claim one room for permanent residence or can she lock it rendering it unusable for any other person?
e) Suppose I gift a substantial portion of my assets to my mother/father/sister before she files any type of court case, whether it will be legal? I want to make gift so that it will help them in their old age and marriage of the sister.
f) What safeguard should I take in this regard so that I am not faced with unreasonable demand?
g) How the court decides on permanent alimony case?
h) Can I refuse permanent alimony and instead opt for monthly maintenance till she is remarried?
thanks and reagrds
MUKESH GUPTA

jayesh   21 August 2009 at 16:20

Transfer of Money from subsidery to Head office out of india

My Client is private limited company incorporate in india. The head office of the company is siutated out of india. There are suplus funds in India. I want to know whether surplus funds can be transferred to head office outside india and what is a procedure

Chinnappan   21 August 2009 at 14:18

Creation of will

I have two daughters and a son. I wish to create a will which should be made valid after the demise of myself and my wife. can you suggest a formate which will cover all, investements, cash, property and all other assets. Can I make the will in such a way that my grand children are alone eligible to inherit the property after we.

Desi   21 August 2009 at 14:04

SARFAESI ACT

What is the period of notice for sale of immovable property?

deepak   21 August 2009 at 13:09

Declaration on audio CD under section 52(i)(j)

Dear Sirs,

Can any one please suggest the actual declaration tobe printed / mentioned on audio cd etc.(inlay) withrespect to section 52(1)(j) under the Copyright Act 1957 read with rule 21 of Copyright Rules of 1958
[i.e. cover version]

I belive there is a judgment of Delhi High Court (i.e. gudline) with respect to declartion on CD under section 52(i)(j)of copyright act

will be highly obliged if any one can provide the said judgment.

regards
deepak

satish   21 August 2009 at 11:22

property fraud

Sir,my wife's Father was Died and Now her father is passed away and all property is transferred to On His brother's name. After the death of my father-in-law in Dec 2008, now situation is changed, now situation is changed. Can my wife get a Propertie from her ancestral property at this stage even after her father's will in favour of his brother? It is also intimated that her consent was not taken by any body at the time of transferring of property to his brother's name after the death of her father in Dec 2008 and my uncle do fraud with us can u tell me what can I do I want need my properties

satish   21 August 2009 at 11:21

property fraud

Sir,my wife's Father was Died and Now her father is passed away and all property is transferred to On His brother's name. After the death of my father-in-law in Dec 2008, now situation is changed, now situation is changed. Can my wife get a Propertie from her ancestral property at this stage even after her father's will in favour of his brother? It is also intimated that her consent was not taken by any body at the time of transferring of property to his brother's name after the death of her father in Dec 2008 and my uncle do fraud with us can u tell me what can I do I want need my properties

ad5   21 August 2009 at 11:14

Legal separation

Mine was an arranged marriage. After marriage my wife was acting strange & used to get upset very often, cry without reason, make statements like "who wanted this marriage?". I was suffering all this torture alone. then slowly after a few months i got to know from her that during her studies she had a 4 year long affair in which they lived like husband & wife then when it broke, her parents got her married to me. all these things have been hidden from me & my parents. now after knowing all this even my family is very upset & it is very evident that she has mentally not accepted me as her husband. I am feeling cheated. Moreover, now she has left our home taking all jewellery & stuff & given in writing that she doesn't want to live with me.

Now after 15 days, the girls parents are spreading the news that our home environment is not good therefore she has left the house & now they want us to take her back.

We are not willing after all these incidents.

How do I resolve this issue?
Can I apply for nullity of marriage?
what should be the grounds?
How to go about it?
Legally where do I stand?
What kind of evidence is necessary?