Meg Nath Sharma
14 February 2013 at 08:07
Sir
Is there any latest SC Judgement on General Power of Attorney?
I am given GPA from my son who is in USA long before. I am appearing on behalf of him in Courts. What happens in the time of evidence? Should he be present or my evidence will be legal?
Kindly help
Regards
MN Dhungel
Junior Lawyer
Charanjit Singh
13 February 2013 at 20:49
What Adjustment of Decree Order 21*2 pertains to?
my father has ancestral vacant land for more than 50 years but during 3 months, some trespasser used to come there and start measuring my father's plot. due to this, my family is suffering from lot of problems.when we ask them about such activities they tell us, just checking your plot by believing that we hold extra land.
do we have any legal remedy for the above mentioned. plz suggest.
thans.
Sir
'A' deceased having two immovable properties situated Gujarat and maharastra. He made WILL
and appoint executors for his properties
the question is which court having jurisdiction to entertain probate application either Maharastra court or gujarat court or both?
r k sinha
13 February 2013 at 02:58
two group of persons connived to usurp a nazul lease land and filed o s case before cour in 1989 t and after filing amendment application for deleting names of some parties,in 1995 filed compromise application after 50days regarding partitioning half parts for defendent and half to a third party,(pl note)without impleading state government as necessary party,got decree as per compromise for sale of nazul property.in 1996 execution case was filed for sale of said property,the court ordered since nazul land was being sold,the court cannot sale the nazul land in a suit for specific performance on may 1999to which the decree holder submitted that only lease rights were being sold and amended draft sale deed was submitted.on on 7aug 2001 sale was executed and sent for registration and on 9aug2001 it was impounded for evasion of stamp duty as the sale consideration was rs125000 on whichrs12500stampduty paid.circle rate based value was rs2745000 and rs274500was to be paid.on affidavits of decreeholders that only lease rights were sold and no nazul land was sold,the court issued letters to collector/sub registrar that sent sale deed was of sale of lease rights.on enquiring it was found that the said sale deed was fraudulently changed into sale of nazul property.the fraudsters managed to get freehold of property on the basis of sale of leased land on application made on 29jan 1999 and freehold accorded on 3dec2004.pl note in the court decreeholders in 2001,02,06 2007 affirmed that nazul land was not sold.moreover the collector passed an order that the deed was duly stamped as the land was not sold and no applicability js accorded in refer to any conversion into freehold.nazul dept to be conveyed about tha order.but here too fraudsters managed to get the lease hold into freehold deed registered by nazul dept in league with them.now those persons filing cases as they were landlords.kindly advise action into this fraud.the said deed was never returned to court and the ex case was pending,having no dates from 2008 and after june2012 case still pending and i have complained the concerned court thru regd post, what is the status of said deeds of freehold and fraudulent nazul property saledeed as the execution case is still pending todate.the saledeed dt 07aug 2001 is of nazul proprty whereas per the order and affidavits on record and letters sent by court to subregistrar and colector testify that it was lease rights were sold and deed executed and not the nazul land was sold in the case by executing court.the original lesse of lease land nazul is no more and as per govt policy and orders the physical holders of such land as evidenced in rent control rules is only eligible for getting leased nazul land converted into freehold,here a third party an educational society, which was not a party to the original suit n ex case, managed to get the land thru above fraud,the lease saledeed as executed also not confers title of lesse as the state govt was not a party and lease deed forbids any trade r business on that nazul land and only private dwelling house be permitted by.there is no permission to sale granted for nazul land too
K Karunakaran
12 February 2013 at 21:36
The case is individual Vs HR & CE Department, Govt Of Tamil Nadu. The trial court, gave the judgement in favor of the individual. The Appellate court confirmed the judgement of trial court and the second appeal at the Madras High Court also confirmed the original judgement.
It took 29 years. It is a simple GO which ruined the life. The individual is 74 years old.
Now, the Executive officer filed a SLP in Supreme Court before the 90 days time limit. Since, SLP is defective a diary number was assigned.
But, Now, it is more than 90 days since the date of Madras High Court Order. More than five months from the date of judgement.
Now the query is
(1) Will Supreme Court accept the defective SLP, because 90 days time limit is over by now.
(2) How long the executive officer can prolong without rectifying the SLP.
(3) I am the son of above party. Can we,
myself and my father - the party, represent the case and reply in person, in case SLP is accepted.
(4)Procedures to represent the case personally. Mostly I will be answering on behalf of my father, with his presence. He can speak only Tamil.
Kindly reply and help me.
Warm Regards
Damayanti
12 February 2013 at 16:50
It is contempt application as prayer to
refer matter to High court in civil contempt and
also initiate necessary consent and approval from govt/adv general for criminal contempt
else
send the application to High Court.
I also filed remainder purshis.
I want certified copy of the same as court has been sitting duck on that application as well as purshis
Application is given exhi. num. and cort clerk wrote it inn court suit diary as 'filed by .... ' But court hasn't read it/refused to read it. Hence there is no signature, seal of court on left hand margin of application 1st page.
So it is like unattended application.
Purshis is NOT given exhi. num. (Court told clerk not to register it in records probably)
But bcos of this, I am not getting the certified copy of the same to file it in High Court directly. I am told that application is not signed by court 'hence as of today it is not a court document'
Doesn't it become court document the moment I filed the application?
When a document/application filed becomes a 'court record' officially?
Saikat Sen
12 February 2013 at 14:21
Dear Sir/Madam,
Are Revival letters/Acknowledgement of debt is necessary for civil suit filing when the loan become NPA as per law of limitation ?
Thanks & Rgrds,
Saikat Sen
Satishkumar
12 February 2013 at 13:39
Sir,
My client has purchased a natham (house-site) land from her mother which is 20 feet beside the street road. Now municipality is trying to built public toilet in-between my client's land and street road. My client has no other way to exist or enter. You all know about the status of maintenance of public toilet. Ample of other surf-less land is located in our client's area. Please advice me and refer relevant laws
Redemption of mortgage
Dear Sir/Madam,
what do u mean by suit for redemption of mortgage (also the meaning of redemption of mortgage ) when can a person file it & how can file it.
Thnks & Rgrds,
Saikat