zaheer
21 May 2011 at 22:06
sir,
my father is is brother in law of cofefosa detinue , safema authority send notice to my father property they claim that the property purchase with detinue money without any avidance , we produce income tax detail but they did not accept , they continue proceeding against our property, mean time the detinue paid all his property fine n the authority released all his property, according to our council advice we went to high court instead of going safema tribunal , high court direct to tribunal. we file appeal to tribunal but our council did not appear, it was dismissed for none prosicution again we file another petition to high court, court direct to us to go to authority n rectify the diffect but our council did not allow us . Again we file another petition to high court in another ground the property n detinue money has no link , single bunch accept our point n allow our petition , safema again file appeal against our order. the division bunch passed order against us but this order having many error, supreme court various decisions saying without link safema cannot take action aginst relative's property . i file slp against division bunch order slp dimmissed without admitting .In my case serious injustice happend and i got wrong legal adivce from my council too. my question is can i file case again in tribunal? which point i can rise if file again ? pls advice me im waiting for ur valuable advice
Anonymous
21 May 2011 at 22:00
dear learned seniors am very thankful for your valuable suggestion. but i feel that u might not gone through my query properly.
Ofcourse mro/tahsildhar has empowered to issue legal heir certificates not only to the govt. employees but it can be issued to common public if necessary for any purpose and for that particular purpose --- its past.
now the authorisation was seized by another govt.memo. so inspite of legal heir certificate they are issuing family member certificates to the applicants in the recent past and suggesting to approach for obtaining the legal heir certificate. In my earlier query i placed my view and opinion in obtaining or applying procedure before the court.
legal heir certificates r required in the following incidents.
a lady deposited one lakh in the bank and appointed his daughter and sister's daughter as nominees to receive the benefits after her demise.
in the second case a lecturer passed away during his service and the authorities concerned demanding to submit legal heir certificate to release benefits.
in these two cases the Tahsildhar stated that at present He wont issue such certificate but he can issue family member certificate, but the said FMC will not b accepted by the authorities in the above two cases.
then how its possible to obtain?
under what provisions / law?
samit kumar bhol
21 May 2011 at 17:26
AM SAMIT KUMAR BHOL GOT DISCHARGE FROM IAF ON 31 OCT 2009 AFTER COMPLETION OF REGULAR ENGAGEMENT PERIOD.I GOT EMPLOYMENT IN INDIA POST AS POSTAL ASSISTANT IN PAY SCALE 5200-20200 ,GP 2400 ON FEB 2011 AS A EX SERVICE MAN.MY LAST BASIC WAS IN INDIAN AIR FORCE RS-17640.I WANT TO KNOW I AM ELLIGIBLE FOR PAY PROTECTION OR NOT .PLEASE GIVE ME THE CIRCULAR FOR GIVING PAY PROTECTION TO THOSE WHO ARE SRVING IN CENRAL GOVT AFTER REEMPLOYMENT AS A EX SERVICEMAN.THANKS
Anonymous
21 May 2011 at 17:19
I am a shareholder of a Co Operative Housing Society, Akola, Maharashtra. I am living in Chennai, Tamil Nadu.
The shares were purchased from the original allottee and duly transferred in my name. Instead of endorsing my name on the backside of the original share certificates, they have taken the original share certificate and issued a fresh share certificates.
After purchasing the shares I have realized
that the society is not maintaining proper accounts and it looks like literally one man show.
Can I ask the balance sheet and other accounts details. The details of the directors and/or trustees? The assets of the society etc.?
Can I ask 15, 20 years accounts details?
Can I ask a copy of minutes and AGM?
Can I ask the Bank Account details of the society? At least Pan Card number of the Society?
Can I file a criminal case here in Chennai against society in Akola for not maintaining the accounts properly? The society president is a retired bank manager and all my visits to Akola is fruitless, I am threatened there.
The shareholder is eligible for a piece of land, I was told the land will be transferred upon transfer of the shares. The transfer of the shares in my name itself took a very long time after spending too much money on travel, time and efforts. Now that, the shares were transferred, the society president refuses to fulfill his obligation of transfer of property in spite of making written requests. I have a serious suspicion that the society doing illegal.
Can I take legal action without visiting to Akola every now and then?
Anonymous
21 May 2011 at 16:06
In an MVC, the petitioner was knocked down by my car & sustained simple fracture of right clavicle bone which was treated & healed. Petitioner claims compensation under section 140/ 163-A. He has undergone disability assessment at a government hospital and obtained disability certificate for 23.4% disability of right upper limb & 8% of whole body.
Now, this Government Doctor has added the word “PERMANENT” in describing the disability in the Direct Examination (Evidence by way of written affidavit). This word was not there in the Disability assessment Certificate.
Also in this affidavit the Doctor has written the following:
“BASED ON ALMICO MANUALS GUIDELINES AND GAZETTE NOTIFICATION.
REG. NO. DL 33004/99(EXTRA ORDINARY) PART II,SEC I, JUNE 13 2001 ISSUED BY MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT , GOI. THE PETITIONER SUFFERS THE PERMANENT RESIDUAL PHYSICAL DISABILITY OF ABOUT 23.4% OF RIGHT UPPER LIMB,WHICH IS ABOUT 8% OF THE WHOLE BODY.”
I am the respondent in this case and in the absence of an advocate, going to cross examine this doctor, myself. Hence seek your guidance on the following points.
1)Does the addition of the word “PERMANENT” shows any malafide? How can I utilize this to my advantage during the Cross?
2) His mentioning of the “BASED ON ALMICO……………………….GOI” seems to be out of place and no relationship with the medical assessment (Of disability).
a) What is this notification about?
b) How can I use this to my advantage?
3) Any other guideline to me for a fruitful Cross examination?
Anonymous
20 May 2011 at 20:00
hello sir,
Now its big burning problem in andhrapradesh to obtain legal certificates of the deceased.
pls clarify how to obtain legal heir certificate in andhra pradesh.
In the past the said certificates were issued by the m r o or tahsildhar, but recently gov. made a rule that it should be obtained from the court. inpsite of hard trial the process and procedure was not found to obtain so from the court and no staff is aware of that process.
In my view a simple petition is to b filed before the court having local jurisdiction and the said court should serve notices to the opponents and conduct trial summarily and ask the revenue authorities to submit verification details of the deceased family, after that statement of the applicant is to be recorded if necesaary a publication should be made and pass appropriate orders.....
Whether its correct?
As per which act and provisions it is to be filed?
whether it falls under the Criminal or Civil procedure?
How the jurisdiction is to be decided?
Sushant Subba
20 May 2011 at 18:28
A Group of Government Employees want to open a Co-operative Society in Gangtok, Sikkim. Is it legal for a Govt. Employees to open a Co-operative Society? Any suggestions as to what We can do, We are a group of Employees who want to do some business in group, share the profit and also use the profit money for the welfare of the Society we live in?
Sushant Subba
20 May 2011 at 18:26
A Group of Government Employees want to open a Co-operative Society in Gangok, Sikkim. Is it legal for a Govt. Employees to open a Co-operative Society? Any suggestions as to what We can do, We are a group of Employees who want to do some business in group, share the profit and also use the profit money for the welfare of the Society we live in?
Vijay Ananth
20 May 2011 at 17:41
Is a Consultancy Agreement with a Indian in USA valid?
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Difference between Retrospective and prospective
Dear experts
Kindly clarify
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what is the difference between retrospective and prospective ?
If in any act doesn't mention the effect come into force, then how we calculate, whether it is retrospective and prospective?
What is substantive law and procedural law and what are all that?