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shivanand   01 February 2014 at 13:58

Brief note on ptcl case

Dear sir/madam


The ptcl now remanded back to the DC dharwad with direction to pass appropriate order stating that the DC has relied on the judgment issue by the AC that there is no violation of ptcl act as the caste of the grantee is inserted as scheduled tribe w.e.f 19/04/1991 and the grantee alienated the land prior to 19/04/1991 i.e after completion of 15 years.

In this connection the petitioner sating that the land has been granted to him during the year 1966 with non-alienation condition of 15 years. The petitioner has produced an order copy of land grant with stamen of persons to whom the land has been granted by the AC. On verification of land grant order now produced by the petitioner it is observed that there no mention of any land granted to him. he has also produced one mutation extract were in it is recorded as the land has been granted to him as AC and thashildar order dated 10/11/1965 and 30/11/1966 respectively
In this connection we have given application to the AC and thashildar under the provision of Right to information act 2005 with request to furnish the certified copies of 1) extract of Land grant register or saguvali chitt. So as to ascertain the grant of land t the petitioner. But the ac and thashildar have given reply sateing that the above records are not traceable in their official records.
The counsel of the petitioner has given the petition copy to DC court the same is brought to your kind perusal for issue of necessary advice in furnishing reply to the same. In the instant case the petitioner has finished a Xerox copy of caste certificate stating that he belongs to caste of Hindu valmiki which is not included in the of presidential notification scheduled tribe list order 1950 and this caste included in the year of 1991 constitution second amendment. W.e.f 19/04/1991.

Note: the petitioner has enclosed the following documents while filing the case in AC office

1) A Xerox copy of land grant order (there is no mentioned of the name of the petitioner as land granted)

2) A Xerox copy of Hind valmiki caste certificate issued by thashildar.

3) Mutation extract copy where in it is recorded as land has been granted to him as per AC and thasildar order.

4) For his favourable rulings.


In view of the above it is humbly requested your kind self for issue of necessary legal advice in defending the case.


Shivanand desai
9986980722

JEGADEESAN   01 February 2014 at 13:10

Partition reg

Dear Sir,

I need the Doctor's Certificate format to do not appear before the Registering Authority for a old man (give the right/share of asset) to another one.

i.e Mr.Rajan is anot able to walk/ go to the Registrar office to execute the Partition Deed.Now he wants to execute the Partition Deed from his residence itself along with Doctor's Certificate.For that purpose he need a certificate format.

Regards,
S.Jegadeesan

Priyanka Vijay   01 February 2014 at 00:33

Limitation for filing suit for recovery of outstanding amount

Hi all,
My query is this... can a person file a suit for recovery of an outstanding amount under a contract after six years of expiry of that contract?

How the limitation period is calculated? When it starts and End.

Please give me reference of proper provisions of laws.

Regards
Priyanka

manoj joshi   31 January 2014 at 23:10

Limitation in r.b.o.act

respected friends i want to know that is there any limitation period u/s 10 of r.b.o.act regulation of building operation act 1958 u.p.

uday galbale   31 January 2014 at 22:57

mandatory injunction to restrain from marriage.

Dear experts... plaintiff and defendant were living adjacent to each other. and both got into intimacy of love and when the defendant promised with the plaintiff to get marry with her the plaintiff given consent for sexual intercourse and out of that relationship the plaintiff became pregnant but then the defendant refused to marry with her. then the plaintiff had lodged a complaint with the p.s.o. and the crime was registered u\s 376. during the investigation the p.s.o. obtained the D.N.A. samples and sent for analysis. the defendant was arrested and released on bail. now the baby is born and the D.N.A. report is also match but the defendant refusing to get marry with the plaintiff. And now he is going to get marry with some another girl. In that situation the plaintiff has filed a suit for mandatory injunction directing defendant not to marry with other girl except plaintiff and T.I. also sought. But at the time of hearing the court has raised a question that why a specific performance of contract was not filed and in absence no such injunction is granted. the plaintiff and defendant are Hindus and there relationship was not a contract again the they were not cohabited so there were not a live in relationship also. in that situation how a suit for mandatory injunction be made maintainable..... please suggest me if any case law and relating provisions... The lady and myself would be obliged to you........

Anurag Mittal   31 January 2014 at 21:50

Civil misc vis a vis civil revision?

Q1.Whats the Difference between Civil Miscellaneous Main and Civil Revision Petition filed in High Court?

Q2.Can Civil Miscellaneous Main petition be filed in High Court praying for Directions to Set Aside a Trial Court Order , Should in the aforementioned case Civil Revision Petition should have been filed rather than Civil Miscellaneous Main Petition as Trial Court Order can be set aside in Revision and Not in Misc. Main Petition?

Apurva Kumar   31 January 2014 at 20:56

Trust law in india

Dear, Mam/Sir,
I would like to know that while forming a educational or any type of trust how many minimum and maximum number of person can be made its member or can jointly form a trust is there any maximum limit along with minimum. And can two or more member of same family can be member same trust at same time?

Regards!!
Apurva Kr.

V Srinivasan   31 January 2014 at 17:49

Irregularities in allotment letter

In our society there are 29 stilt parking which was allotted by the builder by way of letter of allotment after receiving consideration which contains a statement that the parking slot is allotted as per lay out plan and it forms part of the original sale agreement entered into between the builder and the flat purchaser.

The MC in the society observed following discrepancies in the letter of allotment.

1. One of the allotment is not signed by the builder.

2. In three letters of allotment, it simply states that they have allotted one parking space without giving any number or drawing of plan?

3. In two letters of allotment the number mentioned in the letter of allotment as per lay out plan is different from the one occupied by the resident?

4. The letter of allotment is dated 26.12.2006, the sale agreement is on 28.12.2006 and a stamp duty of Rs.100.00 paid on 29.12.2006. Is It a valid letter of allotment?

5. In one agreement, the purchaser is a second buyer and the letter of allotment is in the name of the first buyer. But the same has been registered by paying stamp duty for the value of Rs.9.00 lacs even though the letter of allotment is for Rs.1.00 lac. The number of given for stilt parking in the sale agreement is the different from the one the purchaser claims. Whether it is a valid claim/


We request you to clarify on the background of the fact that the supreme court held that in Maharashtra that the builder cannot sell stilt or open parking by its confirmation of judgement in August 2010 as most of the members are of the opinion that the judgement pertains only to Nahoolchand case and will not attract to other societies in Mumbai.

Srinivasan

Meg Nath Sharma   31 January 2014 at 17:36

Registration

Dear sir,

I was allotted 2 acres of land by the forest department in the year 1975 for growing cardamom in annual rent.The lease agreement was for 10 years.After the expiry of the lease period i continued to pay the rents to the department and they accepted the rents.In the year 1994 the Department forcefully fenced the boundary of the said plot of land. I have constructed a house and a cowshed amongst others.I went to the Hon'ble High Court of Sikkim as the matters pertains to the State of Sikkim. High Court granted injunction. Thereafter the Department removed the fences and paid me Rs. 12000/- as a damages.Again the Department sometimes in the month of December, 2013 fenced the same plot. I am in possession of the said plot for last 39 years. Kindly suggest me what suit (nature of suit)i should file to get full possession of the said plot of land?

Thankyou

MN Dhungel

V Srinivasan   31 January 2014 at 17:23

Allotment letters

Dear Sir

In our society there are 29 stilt parking. These parking have been allotted by the builder by way of allotment letter after receiving some money. While verifying the allotment letter the MC observed the following type of discrepancies.

1. One of the allotment letter is not signed by the builder?

2. In three allotment letters, it has been mentioned as one parking space without giving any number.?

3. One person is having a receipt only without an allotment letter?

4.In two allotments the letters have been paid stamp duty after the date of allotment letter?

Is MC is right in asking them to get the irregularities rectified?

IF the general body passes a resolution that even if there are discrepancies they may be allowed parking space will it validate the allotment letter.

Srinivasan