Neeraj Kumar Giri
21 March 2014 at 23:22
Dear Experts,
Kindly advice me the difference between Appeal and Revision ?
harish
21 March 2014 at 22:33
Hi,
I would like to change my daughter's name, she is just 1year old now.... can anyone guide me with procedure and the procedure applicable in Tamilnadu.
Regards
Ravi Chand Garg
21 March 2014 at 19:28
A very important clause in the Draft Rules dated 14.10.13 was clause 23 for clarifications on Retrospective operation of the Act, and is reproduced below:-
.
Land Acquisition Act 2013 has been Notified and is in force from 1.1.14
This act contains a Section 24 ( Reproduced below) on the retrospective application of the act. As per section 24 (2) highlighted in yellow
Retrospective Application of the Act
Section 24 (1) Not withstanding anything contained in this Act. in any case of land acquisition proceedings initiated under the Land Acquisition Act. 1894,-
(a) where no award under section 11 of the said Land Acquisition Act has been made, then, all provisions of this Act relating to the determination of compensation shall apply; or
(b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said Land Acquisition Act, as if the said Act has not been repealed.
(2) Notwithstanding anything contained in sub-section (1) in case of land acquisition proceedings initiated under the Land Acquisition Act. 1894, where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act:
Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.
But a view has been expressed that Land Acquiring Authority may take the plea that since there was a stay on Dispossession ( which is the case in most cases under litigation) they could take possession and so could not pay compensation. This Point was also clarified in clause 24 (3) of The Draft Rules for Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act were put in public domain on 14.10.13 for comments and discussions which is reproduced below. According to this the period of litigation shall also be included in calculating the period of 5 years
23. Retrospective operation ( Draft Rules dated 14.10.13)
(1) The retrospective operation of the Act as prescribed in Section 24 of the Act will be deemed to have come into operation on and from the date on which the new law is Notified in the Official Gazette.
(2) Where acquisitions have been initiated under the Land Acquisition Act 1894 and the parties under acquisition have either not accepted compensation or have not released the physical possession of the land but do not qualify for the benefits of the Act as given in sub-section 2 of section 24 due to the fact that they have remained pending for a period of less than five years then the new law shall apply only if the situation of pendency continues unchanged for a period that equals to or exceeds five years;
(3) Where the possession has not been taken due to the fact that the acquisition process has been challenged in a court of law then the period spent under litigation shall also be counted for the purpose of determining whether the period of five years has been crossed or not;
The Govt published Gazette notification dated 31.12.13 of Draft Rules for Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act
This clause along with many other clauses has not been included in Gazette notification dated 31.12.13 of Draft Rules for Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act.
I contacted some officials in the Ministry of Rural Development, and I was informed that Draft Rules of 14.10. 2013 have been Dropped and will not be persued by the Govt.
Supreme Court has given two judgments upholding the operation of the retrospective clause. But in one case
Pune Municipal Corporation & Anr. … Appellants
Versus
Harakchand Misirimal Solanki & Ors. … Respondents
Judgment dated 24.1.14
Pune municipal council had taken possession but not paid compensation.
In the other case
Petitioner BHARAT KUMAR
Vs.
Respondent STATE OF HARYANA & ANR. Judgment dated 4.2.14
it is not clear from the Judgment Whether there was a stay of Dispossession
I have two cases pending in court where there is stay of dispassion and compensation has not been paid.
I want expert opinion whether in case where there is stay of dispossession and compensation has not been paid and more than 5 years have passed from date of Award, the acquisition is deemed to have lapsed.
Ravi Chand Gag
Srinivasan
21 March 2014 at 17:48
Please Clarify,
PIO can be Trustee of Indian Trust.
The said PO never came to India. But parents and grand parents of PIO born in India and still living in India only.
Thanks in advance....
SUSHIL KUMAR
21 March 2014 at 16:08
If any hospital which is under network to the insurance company where any patient gone for the treatment first in OPD, after checkup advised to admit the patient.
Patient got admitted and stay for long period of 8 days.
First cashless denied
second reimbursement denied, again gone for appeal with all the documents in orignal. Now company needs indoor case paper which he can request from his network hospital itself.
Is it correct as per law/ insurance act
Vithal. Upari
21 March 2014 at 14:46
Dear Experts,
I need to know how to check the status of KAT (Karnataka Administration Tribunal) service matter case in the website of " High Court of Karnataka" in case status. Need to know which "Select Case Type" i should select. Please suggest me..
Looking forward for reply..
Regards
Vithal
Rupesh Kr Singh
21 March 2014 at 12:10
Sir,
I have been recruited in Irrigation & Waterways Directorate, West Bengal as Data/Computer Operator on temporary and contractual basis. I would like to know at what point of time I may become Permanent employee or after how many years I may appeal to become permanent employee and how?
Also 10 % income tax is deducted from my professional fee. Will i get this 10% income tax back. If yes, then how can i get back?
WellWisher
21 March 2014 at 09:42
Hi,
I Have few queries:
(1) Can someone take pictures (immmovable/movable property)/video or record voice of anyone without owners/their consent ?
(2) Can individual send these pictures (immovable/movable property) via email to anyone without consent from owner of their property ? what options owner has in case this is illegal ?
(3) Can recorded voice/video's (without concent) be shown/heared to parties involved in dispute without a criminal case ?
(4) Can anyone involved in those voice/video sue owner of voice/video if they are not shared via email/online ?
None of these are obsene in nature.
Thanks for your quick response.
Thanks
Sir,
I invested in the Capital Funds/ Mutual Funds.
Committed an investment upto 25,00,000 (TWENTY FIVE LAKHS) and invested upto 17,50,000/- (SEVENTEEN LAKH and FIFTY THOUSANDS) (i.e. I made 3 payments in 3 calls).
I did not make rest of the investment as I did not receive my copy of the agreement upon entering into the contract with the investor and neither got it for past 3 years of the investment in the mutual fund.
Eventually I was declared as a defaulting contributor and a huge sum of money was deducted from my investment as management costs.
Neither was I given any returns on his investment for 3 years on the amount I so invested into the fund.
The amount was deducted on the counts of: a. Management fee on commitment amount upto commitment period (4 years) 2.25% - Rs.2,25,000.
b. Management fee on commitment amount upto commitment period (3 years) 2.25% - Rs.1,18,125.
c. One time setup fee on commitment – 1.00% - Rs. 25,000. d. Annual Fund Expenses - 0.50% - Rs. 62,500. A total amount of Rs. 4,30,625/- was deducted from the contributed amount and now I am given back Rs.13,19,375/- with no interest on the amount that he contributed and everything was said to be forfeited.
Question here is :
1. What is the limit of forfeiture that these mutual fund companies can do on an investment? If there is a limit then in what manner can it be forfeited and what amount?
2. Is there any way that I can get back my entire invested amount or atleast my share of the profit ?
3. How are these amount of management deductions computed or is it just the free will of the investment managers?
4. How can I go about this if I file a consumer complaint?
5. Are there any laws or judgments supporting my claim?
Regards,
How to get refund from a company i bought a product ?
I had bought a printer from a company and there is defect in that product , please guide me , what is the best option to get my money back.For your information i have emailed them , posted articles on consumer forums .Still no solution.
Please guide so that in any case they have to refund my money,should be cheap and best way for me.