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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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umang   28 May 2013 at 16:46

Ceiling & land accquisition act

if the land has already been acquired under land acquisition act & possession taken & the said land is also declared as surplus under U.P. impopsition of ceiling on land holdings act along with other land of the same owner.
the ceiling proceedings are been challenged & are pending before H'ble High court Allahbaad.
When seeking compensation for land accquired under Land acquistion act it has been held that till the disposal of ceiling proceedings in allahbaad high court in our favour we don't have any locus standee.
1) Can the land has already been acquired under land acquisition act further declared surplus under U.P. impopsition of ceiling on land holdings act?What is its legality?
2) Can the tenure holder be legally refrained from getting compensation of the said land acquired under land acquisition act?


umashankar khaitan   28 May 2013 at 15:13

Impound of passport

Sir !
Mine guardian are accused n't myself, and they are based in abroad. Shall CBI or any
Govt. authorities can impound mine Passport?
Shall I free to move anywhere in the Globe or
not , as because the Passport is still with me.

rohit   28 May 2013 at 14:07

Compalint against real estate agent

i have booked on flat throug Broker, and broker has guided me realted this flat but now broker and investor both telling me that, which i have booked flat that was all ready booked by another person, now three month has gone, when i asked my refund money investor told me he will refund but Broker is not agre ed to refund and said me brokerage will not refunded he held to search some other property but i said to brokerage you committment on said flat but right now u are giving me said flat. i need that one only but broker is not ready to pay the refund amount.
what steps i can get the steps to refund.
what is procedure to find out the Broker agent agent is registered or not.

vijay   28 May 2013 at 14:00

Ad valorem fees

My relative wanted to sold his plot and a buyer paid some amount and also got signed some documents i.e. agreement to sell, affidavit, possession letter, receipt of payment as full and final (buyer paid only 70% amount of total consideration of plot) all documents are in english language but my relative do not know english. buyer prepared a false and faricated GPA and without any consent of my relative. Buyer has executed a sale deed in the name of his wife. When my relative got this fact that buyer has executed a sale deed on basis of false and fabricated GPA and got the possession of said plot. My relative got a letter from office of Sub-registrar mentioning that no such GPA is registered in his office he has filed a case to challange the GPA, Sale deed and also for possession. Advocate of buyer filed application under rule 7 / 11 that my relative has not paid the ad voleram fees.
Sir, please let me know whether any ad valorem fees is required to be paid by my relative or not. (Case was filed on behalf of fraud) If yes, then at what price i.e. on market value of plot or amount of sale deed.

crpc   28 May 2013 at 08:01

Educational

Dear Sir,
"
Hon'ble Ritu Raj Awasthi,J.
Heard learned counsel for petitioner as well as Mr. Lalit Shukla, learned counsel for opposite parties no. 2, 3 and 4 and the learned Standing Counsel appearing for opposite party no. 1.
The writ petition has been filed challenging the order dated 19.1.2012, a copy of which is annexed as Annexure-10 to the writ petition whereby petitioner has been asked to take necessary steps for appearing in two papers of second semester of M. Tech. (Computer Science & Engineering).
Learned counsel for petitioner submits that petitioner had taken admission in M.Tech. (Computer Science & Engineering) Session 2007-08 which is four semester course. The petitioner had successfully passed the first semester. In the second semester he was declared failed in two papers. The marksheet of second semester M.Tech.(CS/IT) 2007-08 indicates that petitioner had obtained 92 marks in paper CS/IT-211 whereas 67 marks in paper CS/IT-251, 80 marks in paper CS/IT-261 and 60 marks in paper CS/IT-222. In fact he was passed in two papers of CS/IT-211 and CS/IT-261. The petitioner was promoted to take admission in third semester examination along with two back papers relating to second semester. The opposite parties have not officially declared the result of all subjects of second semester examination, 2007-08 including back examination of the petitioner and by the impugned order has directed the petitioner to appear again in two papers of second semester in which he was already declared passed.
Learned counsel for University on the other hand submitted that petitioner could not have been admitted in third semester with two carryover back papers, however, University taking lenient view in the interest of the student has accepted the appearance of petitioner in third semester examination along with two back papers but petitioner has been directed to appear again in two papers of second semester. The petitioner has not taken any steps to appear again in two papers of second semester, as such, he has not been allowed to take admission in fourth semester.
Learned counsel for petitioner in reply submitted that result of third semester examination along with two back papers has been declared and the petitioner has been declared passed in third semester as well as in two back papers relating to second semester.
I have considered the submissions made by parties counsel.
It is admitted position between parties that petitioner had cleared two papers i.e. CS/IT-211 and CS/IT-261 in second semester M. Tech. 2007-08, a copy of mark-sheet is on record at page 62. There is also no dispute that the University has allowed the petitioner to appear in third semester in which as per petitioner he has been successful and declared passed. Once the petitioner has passed two papers of M.Tech. CS/IT in the academic session 2007-08, there cannot be any justification for directing him to appear again in the examination for said papers. The University shall declare the result of petitioner's second semester M.Tech (CS/IT) 2007-08 and in case petitioner has passed third semester M.Tech. (CS/IT) and has also passed in two carryover back papers relating to second semester then he shall be entitled to get admission in fourth semester M.Tech (CS/IT).
The order impugned dated 19.1.2012 as contained in Annexure-10 to the writ petition to the aforesaid extent is quashed.
The� writ petition is allowed.
"

Above is the order from the HC Lucknow for university.It is delivered to university at 25/05/13. Till now university is absolutely zero action in compliance of same.

What we must do further -

1. Reminder letter to university.
2. Filing Revision of this order.
3. Filing contempt of court (kindly note that order do not contain any time limit).
As this order do not contain the time limit.

Kindly suggest best option even not listed in above.

Regards

AR

alex   28 May 2013 at 01:05

Ex-parte

In a land grabing civil suit the defendent doest not appear to the court after summons issued, the court makes the case as ex-parte.
i want to know what is known has ex-parte.what happens to suite when it is made ex-parte and the defendents never trun up to the court.

jatin sharma   27 May 2013 at 22:45

Is evidence act 1872 mandatory applied on consumer forum

hi, the evidence Act 1872 mandatory applied on consumer forum or not

raghavendra   27 May 2013 at 17:41

Gift deed

sir,

since last 100 year my uncle family is residing in a house , the house name is in my uncle name but ,, but that land measuring 750 sq ft is in some others name ,, now that person is giving that land into my uncle name ,,and he asked to prepare the papers for that ,, kindly suggest which way is good to transfer the land ownership in my uncle name ,, that person giving the land without any consideration ,, whether gift deed is suitable,,

if gift deed is suitable can he give the give in the name of my uncle and aunt both ,,

thanking you

T.R.Nagaraj   27 May 2013 at 16:14

Immovable property

Can one of the sons or daughters demand a share of an immovable property from their mother, who got the property by way of a will from her father? Does the mother not become an absolute owner and has the right to dispose off the property in whatever way she wants?

Kindly let me know if they can file a suit against the other sons and daughters who were not given any share. These sons and daughters have not taken care of her and have disowned her.

Dharmaraj   27 May 2013 at 13:37

Validity of poa

1.If a POA for house which is not registered and is executed in the name of my MIL the consideration for which has been paid by my FIL, is the POA valid.