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

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dhiru   09 March 2013 at 00:53

Am and asr act 1958

Archeological survey had declared an area protected u/subsection 3 of section 4 of am and asr act 1958 but Ownership was not yet transfered to ASI. Private individuals are the owners . now ASI doing work on Land on making boundries developing park without any transfer of ownership . no agreement was made with the owners . how can a owner stop them .

dhiru   09 March 2013 at 00:41

Whether go to reveiw or slp ?

just before the dissmissal in RSA of land case get knowlegde of 37 new very important documents around 300 pages . Advocate was ill on last date, did not reached in court client asked for date, but case dismissed . Now what to do with 37 documents . -- go to review with all documents or to SLP .-- how and where i can produce the documents better.

Rajesh Kumar Garg   08 March 2013 at 23:14

Request for legal help

LAWYERS CLUB INDIA

SUB.:- REQUEST FOR PROVIDING LEGAL HELP TO REGISTER A F.I.R. AND TO FILE LEGAL SUIT IN THE CASE OF FRAUD OF FAKE REGISTRIES AND FURTHER POWER OF ATTORNEYS WITH FAKE IDENTITY BY RAJINDER KUMAR BHARDWAJ Alias RAJ KUMAR S/O SH. JAGAN NATH R/O 416/17, STREET NO. 6, SHASHTRI NAGAR- JAGRAON VIDE GENERAL POWER OF ATTORNEY NO. 1379 DATED 20-02-1991 IN FAVOUR OF ANIL KUMAR S/o SH. JAGAN NATH R/O SHASHTRI NAGAR – JAGRAON (SHARMA CLINIC, WORKSHOP ROAD - YAMUNANAGAR) .

REF. :- GENERAL POWER OF ATTORNEY NO. 1379 DATED 20-02-1991 IN FAVOUR OF ANIL KUMAR S/o SH. JAGAN NATH R/O SHASHTRI NAGAR –JAGRAON (SHARMA CLINIC,WORKSHOP ROAD-YAMUNANAGAR ) .

HON’BLE SIR,

With due respect, I Rajesh Kumar Garg S/o Sh. Sohan Lal R/o 1017/9, Shivala Road-Jagraon request the LAWYERS CLUB INDIA to provide me the LEGAL HELP to register F.I.R. in Yamunanagar Police Station and to file a suit in a case of fraud at Yamunanagar by Rajinder Kumar Bhardwaj.

Rajinder Kumar Bhardwaj knowingly made frauds in the registries and for further Power of Attorneys FROM 1991=2006 to sale the plots at YAMUNANAGAR. He produced himself as Anil Kumar, made signatures as/of Anil Kumar on the documents with his own photograph and finger-prints before the Govt. Authorities at Jagadhri-HARYANA, Jagraon-PUNJAB, Paonta Sahib-HIMANCHAL PRADESH, Dehradun-UTTAR PRADESH to sale the plots at Yamunanagar. Also the plots not sold according to the no.’s and measurement as per General Power of Attorney ref. above.

In the year 1991 he approached me through my friend Suresh Goel at Jagraon to buy a plot at Yamunanagar at a very reasonable rates and with the help of Suresh Goel I bought a plot no. 33 measuring 40’*45’=200 sq.yd. vide registration no. 132 dated 05-04-1991 in the name of my wife Meenu Garg.

In the same year my wife got a problem with Arthritis and I didn’t go there to look after my plot with the assurance by Suresh Goel that all the persons are from Jagraon so you should not worry about the plot, your plot is in safe hands.

After a long time when my wife got recovery in year 2004 I visited the site and found that half of my plot no. 33 measuring 20’*45’ from the left side adjoining plot no.34 BRACTED has been enchroached by the owner of plot no. 32 and made construction on it.
L/ R
38 37 36 35 34 (33)|33 32 31 30 29

On enquiry I was informed that the same was demarked by Rajinder Kumar Bhardwaj. After sale of my recent right side 100 sq.yd. plot measuring 20’*45’. I contacted the person Anil Kumar Bhardwaj at KOTA-Rajasthan and asked him why he did so, he didn,t respond well and not compensate for and ask me to contact his elder brother Rajinder Kumar Bhardwaj. I couldn’t understand that why everytime the name of Rajinder Kumar Bhardwaj is coming into the picture.

In the year 2010 with the help of RTI Act when I collected all the documents i.e. sale-deeds, further power of attorneys vide Power of Attorney ref. above from the Tehsil Office-JAGADHRI, it cleared me the whole story that Rajinder Kumar Bhardwaj did all this fraud. In a complaint to District Election Officer/Deputy Commissioner-Ludhiana I got the IDENTITY of Rajinder Kumar Bhardwaj.

In a detailed complaint to Superintendent of Police, the Enquiry Officer at Police Station- Farakpur ( YAMUNANAGAR) not enquired in full satisfaction, while he was provided the full documents of fraud against the person. I made so many complaints against Rajinder Kumar Bhardwaj to the authorities, but in vein . Office of the Deputy Commissioner asked me to complaint to the Police- I complainted, Police ask me to verify and got demarcation of the plot from the Tehsil Office- I requested in written to the tehsil Office but the Kanoogo refused to take the request for demarcation of plot saying that we are not able to demarcation a plot in a colony by a colonizer, go to colonizer.

After so many complaints to the authorities I didn’t responded well. So I have been very much tired from this type of harassment.

So I request to the LAWYERS CLUB INDIA to provide me the Legal Help with genuine fees in this case of Fraud with me ,
Hoping for the “JUSTICE” .
With Regards,
Rajesh Kumar Garg
M.No.9463746989
EMAIL-RAJESHGARG59@YAHOO.COM

IN A MEETING FOR LEGAL HELP I MAY PRODUCE ALL THE DOCUMENTARY PROOF .



abhimanyu   08 March 2013 at 22:58

Clarification

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abhimanyu   08 March 2013 at 22:18

Acceptance

A couple after some years of marriage could not cope up with and started living separately. After some months, wife sent legal notice to husband and made many allegations against him. However, the husband has not responded to her notice even after six months.

Will above situation be deemed as that the husband has accepted the allegations and will not be able to deny, if wife files a case against him in court for such allegations.

Please suggest.

payel   08 March 2013 at 21:49

Need advice

Hello..i would like to mention that iam going through a contested divorce for the last one a half year and i want help and advice badly..during the court hearings my ex came up with one option of asking for time or dates to think about the matter of divorce..now there is a final date for him to present his views on 18/03/2013. my lawyer advised that it would be an exparte divorce if he does not turn up adn if he turns up my hearing would start in the court.

i would like to metion that i do not want any property, allimony or custody of our child who is presently staying with his father and is 11 years age. i do not earn much and my working hours are hectic as a result of which i cannot take proper care of my son as his dad would. hence i have not claimed any property any custody or any allimony. i just want a plain and simple divorce but my ex is not ready to give it to me

my question is what are the next steps for this divorce. how long can he continue to defer this process. i wnt to resettle in my life and i am not able to do so . moreover i would liek to state that there is a property which is joint and he is asking me to sign and submit some papers for the registration.

i am fighting this case for the last 2 years and i want to know how long and in wat ways can he defer the case? i dont want anythng from him then why is this taking so long to resolve? what should i do to get this done asap if possible within this year..please advise

Sunlawseeker   08 March 2013 at 20:05

Construction of building in the adjacent plot.

Dear Advocates,

My client had purchased a plot in "X" Nagar, Whereas, another person purchased a plot in the another nagar called "Y". But, both are adjacent Layouts.

A person purchased plot in "Y Nagar" started construction in both the plots including of my client.

What is the remedy both criminal and civil may be useful to my client?

Kindly advice.

Thanking You.

Adv.Sundaresan.

s kumar   08 March 2013 at 20:04

Community certificate

DEAR SIR,

THE TAMILNADU STATE LEVEL SCRUTINY COMMITTEE CANCELLED MY SCHEDULED TRIBE COMMUNITY CERTIFICATE IN 2005-06.APPEAL AGAIST THE ORDER WAS DISMISSED BY SUPREME COURT OF INDIA.

NOW THE TAMILNADU GOVT. FORMED A VIGILANCE CELL AS PER MADURI PATIL JUDGEMENT WHICH WAS NOT PRESENT DURING MY ENQUIRY.
RECENT G.O DATED 15-10-2012 STATES...
as per the Supreme Court direction, the Vigilance Cells have not been constituted to verify the community status of the persons belonging to Scheduled Castes/Scheduled Tribes and to submit its report to the District Level Vigilance Committee/State Level Scrutiny Committee. Whileso, the Hon’ble Bench of Madras High Court in various Writ PetitionNos. 20277/2011, 17002/2011, 25148/2011 filed by Tvl. P. Vinoth, S. Saraswathi
and V. Sampangiramiah respectively has set aside the proceedings of the StateLevel Scrutiny Committee when the Community Certificate was declared as not
genuine stating that the State Level Scrutiny Committee has not obtained the spotenquiry report of the Vigilance Cells as directed by the Supreme Court and also directed that it is high time that the Government should take note of the same and
constitute vigilance cells with qualified personnel to decide about the communalstatus of the candidates so as to head off the repetition of such sort of decisions given by the State Level Scrutiny Committee in a half – hearted manner”.
In consonance to the orders of the Supreme Court of India and as per the directions of Hon’ble Bench of Madras High Court, Madras in the above Writ
Petitions, the Government after careful examination have decided to constitute Vigilance Cells and also to modify the functions of the Committees ordered in G.O.(2D)No. 108 Adi Dravidar and Tribal Welfare Department dated 12.09.2007.


WHETHER ITS POSSIBLE TO CHALLANGE MY CANCELLATION ORDER ONCE AGAIN IN HIGH COURT OF MADRAS SIR as per in A.V. Papayya Sastry and Ors. v. Govt. of A.P. and Ors. (2007) 4 SCC 221. Considering English and Indian cases, one of us (C.K. Thakker, J.) stated:

It is thus settled proposition of law that a judgment, decree or order obtained by playing fraud on the Court, Tribunal or Authority is a nullity and non est in the eye of law. Such a judgment, decree or order --by the first Court or by the final Court-- has to be treated as nullity by every Court, superior or inferior. It can be challenged in any Court, at any time, in appeal, revision, writ or even in collateral proceedings.

KINDLY GUIDE ME SIR.

THANK YOU.

dhiru   08 March 2013 at 19:41

Whether new evidences can be filed in review

whether new evidences in land case against govt can be filed in reveiw in the RSA same court . whether court entertains evidence ?

Ritika singh   08 March 2013 at 18:53

Sarfaesi

1) i am a bank who has auctioned the property of the borrower on which my security interest was created and the same is sold to a buyer.
2) the buyer has paid 25% of the consideration price determined during the auction in accordance with rule 9(3) of the SARFAESI rules,2002.however,i have not issued the sale certificate in accordance with rule 9(6) of SARFAESI rules ,2002 to teh buyer.
3) now, my borrower wants to get back the property and is ready to pay up all the dues.
4) is it possible to cancel the auction at this stage when i am in receipt of 25% payment by the buyer.can the buyer challenge such cancellation of auction legally.
is there any way i can return this property back to the buyer as i have not issued the sale certificate.