Rajat sahotra
07 September 2011 at 08:52
Can a clerk of Tehsil while on duty can attest a will and most importantly while he is handling the work of Document registration at tehsil office as a clerk.
Please help experts
Sudhin2218
07 September 2011 at 00:31
I have a scenario, where defendant marked the unregistered General power of attorney, since its unregistered GPA, Judge impounded the document and forwarded the document to Court officials to decide stamp duty , the Court officials was asking 1 lakh 15 thousand rupees.. as a penalty and stamp duty.. the reason he said to pay that much amount because GPA contains an affidavit , affidavit says defendant(GPA holder) paid 1 lakh 60 thousand Rupees to the person who gave the GPA in the year of 1994. since the defendant is poor and she do not have any job and she has very less source of income (2000RS per month), Hence we requested the Court send this document to Collector (Based on s.subramanian expert opinion) under Section 38 (2) of stamp act. Court has ordered to send this document to Collector or DRO (district registrar office). Court officials sent this doc to DRO and DRO has calculated upto 7 lakh 20 thousand rupees huge amount as a penalty to pay by defendant. Now the Problem has became more bigger. I very much need your expert opinions here .
Below was the expert Opinion from s.subramanian
Expert : s.subramanian
Posted On
20 December 2010
You can request the court to impound the document and forward the same to the Stamp Duty Collecotr of the concerned Government for collection of the deficit stamp duty. There you will not be burdened with stamp duty penalty which you have to pay in the court. You can try this method to avoid the penalty.
Based on his opinion.. We requested the court to send this Document Collector. however now the Situation is Collector charged more penalty which is 7lakh 20 thousand than court decided which is 1 lakh 15 thousand.
Please need your help How can I overcome from this issue now.
Is that so.. Normally Does Collector will charge more penalty than Court ?
Is there any way ... Now Can I request court that, I will pay the penalty amount decided by court not the one collector decided?
Are there any Judgements / Law which says that Can we withdraw the marked unregistered Document?
I Very much need your Help.. To overcome from this issue.. Please Help me.
Anonymous
07 September 2011 at 00:08
IF THERE IS CONTRADICTION ON ANY POINT WHICH IS DEALT BY CENTRAL ACTS AND STATE LOCAL ACT .THEN WHICH LAW WILL PREVAIL ON YHAT POINT CENTRAL ACT OR STATE LOCAL ACT.PLEASE CLARIFY.
Anonymous
06 September 2011 at 23:23
i have filed a suit for ejectment of tenant on personal needs under section 21.after institution of suit the tenant has regularly tried to avoid the hearings for 8 long years because of which i have to take a direction from high court of allahabad for the disposal of suit within prescribed period the court on hearing gave the lower court the direction of 6 months for disposal of case.in this 6 months the tenant still tried to delay the proceedings because of which the honourable judge sent a notice with a peon for final hearing.the tenant didnt got present himself for 2 hearings nd in 3 hearing because it was the ending of period of direction of highcourt the judge decided the suit on merit in our favour.After that the tenant filed review and appeal to ajscc nd district judge respectively.it hasa been 1 year from appeal the tenant is playing delaying tactics again.as he always try to take adjournment.After 1 year because of the tactics adopted by the tenant i have to go to high court again for quick diaposal this time the high vourt has just said that case should be disposed of preferably within 1 year.MY question is that is their is any remedy for quick disposal as i need a shop for my own use desperately and the tenant also owns 2 shops already still he is not leaving my shop.he has been tenant for 25 years paying rs 125 per month.Can you provide with some case law of supreme or high court which can be helpful to me.what r the neccesary steps i have to take for quick disposal
kishore
06 September 2011 at 19:45
sir...i have taken amount from X and Y private persons...they filed suit to recover money from salary...next actally right now my salary is less becaz already X recovery taking place from salary....next i have problems for paying rents,schoolfees....is there any law to stop recovery of second Y person....
Anonymous
06 September 2011 at 19:20
case law needed for " enforcement of specific performance of unregistered agreement "
reply...
Anonymous
06 September 2011 at 18:34
WHAT IS THE PROCEDURE FOR SUIT FILLING IN COURT,HOW & WHEN?
kamana
06 September 2011 at 17:31
Hi Experts !!
I seek your valuable advise in this post.
I am trying to settle a cheque bounce case under sec - 138, where the other party is refusing to settle the claim. The amount of cheque is Rs. 4 Lacs. I am read to settle the case at the amount Rs. 4 Lacs and other interest and litigation cost. But the part at other end is demanding 5.8 lacs. The case has been in court since last one year. I have not been convicted as such, but I have plans of moving out of the country.
So please let me know a way possible to settle this case. How to move the application how to bring this matter to the attention of the court..
Anonymous
06 September 2011 at 17:18
DEAR SIR AS SECTION4(2)OF HINDU SUCCESSION ACT 1956 IS AMENDED AND OMMITTED DELETED BY AMENDMENT IN HSA 1956 BY AMENDING ACT 2005,NOW PROVISION WHICH GIVE OVERIDING EFFECT THAT IS WHICH USED TO SAY THAT AGRICULTURAL LAND SUCCESSION WILL BE AS PER STATE LAWS HAS BEEN OMMITTED.I THINK THAT ON EVERY ASSET WHETHER AGRICULTURAL 0R OTHERS NOW HSA 1956 WILL APPLY. SEC4(1)IS THERE OF HSA 1956 WHICH SAY HSA WILL APPLY IRESPECTIVE OF ANY LAW.SECTION 4 OF HSA WAS OVERIDING EFECT OF ACT.WHAT WILL BE EFFECT OF THIS AMENDMENT
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Electronic record/evidence- admissibility & procedure
I have recorded some video clips by spy pen camera. Now I want to produce it in court as electronic record/ evidence/ document for my two different cases- in first, I am defendant in a civil case which is in written statement submission stage; in second, yet to be file by me for refund money. Data/video originally stored on micro SD card. Regarding this please help me.
1. Is this admissible in court?
2. What are necessary procedures/steps that should be following to produce it before court?
3. Regarding authenticity of video- is it necessary to attach expert opinion/ certificate of accuracy and temperlessness with memory card at the time of submission or it (certificate/opinion) may be produce when opposition raises questions about authenticity or only when court ask/order?
4. For certificate/ expert opinion, memory card should be send to a forensic lab by me or by court or by opposition? And, is the certification must be from a government agency or may be from any private lab.
5. Is it necessary to produce the device (spy pen camera) by which video was recorded? Is only memory card without camera is not sufficient?