surjit singh
23 March 2014 at 08:45
What is the meaning of "Agent" under the Bihar land disputes resolution act. The word 'Agent' has not been defined in the act, but it has simply said that all word which has not been defined will be read as defined in the Bihar Tenancy Act, Bihar Land Consolidation Act, Bihar Govt. estate Act etc. All these act has also not defined the word "Agent".
It has been further said that if the applicant files the case through Agent document authorising the agent to file be enclosed with the petition.
My question is as per Code of Civil Procedure there is no word as simply "agent", but there is a word "recognised agent" in that case the agent should hold power of attorney.
Whether the agent as mentioned in the Bihar land dispute resolution act should also be having the duly executed power of attorney, while approaching the court, when the provision is silent on this matter.
Niha
23 March 2014 at 03:54
An NRI has given full sum of Rs. 11.50 lakhs in the form of cheque to an agent of the seller for purchasing a plot of land. The cheque was drawn in the name of the agent. The NRI did not sign any papers nor the land was transferred to his name. Before the registration could take place, the NRI came to know that the land is agricultural land. Later on, somebody told him that NRIs cannot buy agricultural land. The NRI is demanding money back from the agent, but the agent is not giving back. The NRI's broker (who showed the land to the NRI) also seems to be in connivance with the seller's agent.
Please suggest under what case can the agent and the broker be implicated. Please also suggest some lawyers in Vellore who are expert in money recovery cases.
Anand Anand
23 March 2014 at 00:30
Hello experts,
I am from Andhra Pradesh. My grandfather was assigned land with laoni patta in the year 1947. The total area was 7.00 acrs. My grandfather had sold the land in the year 1963 upto 3.00acrs. The purchaser had kept the entire land under his possession i.,e the sold land extent 3.00 acrs and the extra land 4.00 acrs. In the year 1976, the Urban Land Ceiling (ULC)act has declared the person who has purchased the property from my grandfather as surplus land owner owning 17.00acrs. The extra land which is being kept under his possession from 1963-2014 is upto an extent of 4.00acrs. the illegal occupier has managed all these years by influencing the revenue dept.There was no notice served to us all these years of any development or modification in the land and its records. We were unaware that the possessor/purchaser has occupied the extra land which was never sold. Years later after my grandfather's death, my father has realised the existence of extra land upto an extent of 4.00 acrs and he has filed with the authorities for the restoration of 1.00 acre land. However, the local Tahsildar has resumed the land in favour of govt. Now, the suit is being filed by the possessor to us and the local Tahsildar as respondants. The burden is on the Tahsildar and the legal heir of the assignee ( my father) to prove the possessor as illegal. The land is being declared surplus upto to extent of 4.00 acrs and govt has taken back the possession from him under Sec 10 (6). In the revenue records he is shown in the pattadar column as if the property is assigned to him. Please kindly help me how to show that the possessor has illegally occupied the land and also how to get our land back.
manish rama
22 March 2014 at 23:09
I had filed a declaratory suit in mumbai high court and paid a stamp duty of 163,300 rupees on the value of the property , i got ad interim relief but my notice of motion got dismissed. I have some important questions please help me.
What will be the court fee for appeal against judgement of high court single bench judge?
how many days i need to file appeal in ?
What are the chances of winning in an appeal?
What are the stages of an appeal , some one told me first the senior judge has to approve then only your matter will be taken for hearing? is this true
How many times can one appeal also ? please let me know, some one told me there is single bench , double bench etc , please reply back
kodandaramaswamyreddy
22 March 2014 at 22:22
Dear sir,
How to obtain Legal heir certificate in karnataka and let me know the proceedure if one of the brother , entire family expired out of 5 brothers
rajangam.m
22 March 2014 at 18:43
Dear All,
I need to find out how is the stamp duty payable to get the succession certificate. As the amount involved is over 30lacs,and also I need the fee mode..
Regards,
M.Rajangam
Advocate.
ANKUSH
22 March 2014 at 18:34
Hi
In a rent matter of my client - the judgement was reserved for more than 4 months ago in hon'ble Delhi HC after final arguments were complete (by a single judge bench who has subsequently been transferred to another bench after hearing final arguments).
Now in case my client mentions the matter before the judge or his court, chances are - he might get annoyed, & adverse judgement is passed, else we keep on waiting?
Now kindly advise on below queries:
1. What's the way out & what should my client do next?
2. Are there any guidelines as to till what time the judgement can be reserved?
3. What if (extreme case), judgement goes against my client - can he go in for a revision or appeal to a larger bench of HC only (before moving to Supreme Court) citing this fact that there was inordinate delay in pronouncement of judgement & same was kept reserved for over 4 months?
4. Or in such case there is no option but to appeal in SC?
Kindly advise
Regards
vijay bhaskar
22 March 2014 at 17:58
'A' proprietor of a firm obtained loan from State Finance Corporation in the year 2008 in the name of 'FIRM' by hypothecating the goods and articles present in the firm and also deposited his title deeds by creating a charge in favour of the bank. 'B' stood as guarantor to the firm and deposited his title deeds as surety. Now the principal borrower had committed default and his whereabouts are not known. The SFC issued notice to 'B' to clear outstanding balance amount or else they will proceed against the property of 'B'. Now it is learnt that the principal borrower had also obtained loan in another bank in the year 2010 by creating charge over the property which was put as security and created charge in SFC. 'B' paid the outstanding loan amount in order to avoid action of the Bank against the property of 'B' as the bank officials are preparing to proceed against the property of 'B' instead of the property of 'A'.
After clearing the loan amount by 'B', 'B' will enter into the shoes of State Financial Corporation under right of Subrogation.
My question is that Whether the entire rights of SFC will transfer to 'B' under Law once the dues cleared by 'B' including the charge over the property of 'A' which was offered as security to SFC because 'A' had also obtained loan in another bank basing on the same title deed i.e., same property?
Please do clarify legal position, as 'B' wants to file a civil suit to recover the amounts paid to SFC from the principal borrower. Suggest in which way 'B' interests can be protected against principal borrower?
Arun Kumar
22 March 2014 at 16:59
hello all Experts
I want to discuss a case of divorce.
A marriage was occurred in 2008 .From 2010 they are separated by mutual understanding and made a mutual agreement on stamp paper .
After that they file a Mutual consent case in court 2010 . After that his wife Does not fight the case and she never present in court for proceeding the case .She said that She is not need to fight case because she is not live in India. She lives in Nepal.After some Hearing court dismiss the case because second party does not proceed the case.
Now Husband file a new case U/s 13(a).in 2013 . Court send summon Two times as prescribed time period of 5 months . But no Receipt is come back .
so now MY question , that why it should not considered that "SUMMON DEEMED TO BE DELVER " And how to proceed this case further .
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re devlopment
Respected sir,
SIR CAN BMC ISSUE 2 NOC FOR SAME PLOT FOR TWO DIFFRENT SOCIETY..
Pz need help.