Anonymous
14 August 2011 at 17:37
Dear Forum Experts,
In a land acquisition case, award was finalised ( in the year 1993, Cheque is also prepared, for the award amount)but referred the case to the court for want of ORC and clearance from the ULC authorities under sec30.
The court returned the Cheque for want of validity( since lapsed after 6 months). The revenue authorities just kept the cheque in their files till today.Only recently i came to know about these facts.
My Grand mother WILLED this property to my Father and my Father WILLED this one to me (Both have Died). I Have taken clearance from ULC authorities , and applied for ORC with the Revenue authorities.
My query is, can i ask the Revenue authorities for enhanced compensation as it was not our fault; and over this, The decided/awarded (long back) but not paid to the Land owner (Till today!).
This case pertains to the State of AP.
Please guide me how to go about it.
Thanking you All,expecting an urgent Reply/Solution!
Anonymous
14 August 2011 at 15:53
i have purchased an illeagal constructed house at 20 years back with agreement of sale it is in grama kantam not registerd now iam in cont position my neighbour lodged a complaint in muncipality an illeagal constructed house that house is constructed in govt land near temple area they issued show cause notice actually it is not govt land
how to prove adverse position iam not assessed house tax seperatly ,but iam pying water bills and electricicity bills in the name of vendor till today
iam having ration card,voterlist,electoral card on this door number
Anonymous
14 August 2011 at 12:27
Dear Experts of the Forum,
Please clarify the following reading retrieved by me from a Blog!
EXTRACT :-
"FEMALE CHILD CANNOT BE TAKEN ON ADOPTION
ADOPTION VALIDITY
AIR 2006 SC 3275, M. Gurudas & Ors. VS Rasaranjan & Ors.
To prove valid adoption, it would be necessary to bring on records that there had been an actual giving and taking ceremony. Performance of `datta homam' was imperative, subject to just exceptions.
Regarding the question whether adoption of a daughter was permissible in law, it appears that trial Judge missed the last sentence of the passage of Mayne's Treatise on Hindu Law and Usage "it is now settled that the adoption of a daughter is invalid under the Hindu law." In section 480 of the treatise, it is stated that the person to be adopted must be a male.
Mayne's Treatise on Hindu Law and Usage, 13th edition, pages 429-430: "Adoption of daughters Nandapandita in his Dattaka Mimamsa would construe 'putra' (or son) as including a daughter and he draws the inference that on failure of a daughter, a daughter of another could be adopted. He supports his conclusion by referring to ancient precedents, such as the adoption of Shanta, the daughter of King Dasaratha by King Lomapada and the adoption of Pritha or Kunti, the daughter of Sura by Kunti Bhoja. This view is sharply criticized by Nilakantha in the Vyavahara Mayukha. It is now settled that the adoption of a daughter is invalid under the Hindu law."
In Mulla's Principles of Hindu Law, 17th edition, page 710, it is stated: "488. Ceremonies relating to adoption (1) The ceremonies relating to an adoption are (a) the physical act of giving and receiving, with intent to transfer the boy from one family into another; (b) the datta homam, that is, oblations of clarified butter to fire; and (c) other minor ceremonies, such as putresti jag (sacrifice for male issue). (2) They physical act of giving and receiving is essential to the validity of an adoption; As to datta homam it is not settled whether its performance is essential to the validity of an adoption in every case. As to the other ceremonies, their performance is not necessary to the validity of an adoption. (3) No religious ceremonies, not even datta homam, are necessary in the case of Shudras. Nor are religious ceremonies necessary amongst Jains or in the Punjab."
Thanking YOU ALL in advance for your OPINION/S.
kuldeep kumar
14 August 2011 at 05:00
is there any provision for punishing bank when a person has credited some money into drwasers account(on private information) and take money safely..what is banks liability
Anonymous
14 August 2011 at 00:29
Dear Experts
Is there any bar on civil courts to entertain a Insolvency petition by an individual, if banks are also added as respondents along with other private creditors?
The office takes objection to adding banks as respondents citing some RBI instructions. Plz enlighten on this issue.
Anonymous
13 August 2011 at 22:39
I have a query on the consequence(s) of a name change, if not done in accordance with the rules laid down.
I studied up to class five under a different name. Consequently, my name was changed while getting admitted to a new school but my parents did not follow the procedure laid down in law for name change. Neither did the school authorities raise a red flag. I have been, thereafter, using my changed name on my certificates and on Indian Government issued ID’s like Passport, PAN Card.
Do you see a problem with my condition in securing a government job because of the name change I had without following the procedures? Is it possible to effect a name change from an earlier date?
Kindly, Guide me on this matter.
SANJAY JOSHI
13 August 2011 at 19:52
Dear sir,
i read the previous answer posted by Shri Makkad. i have one more doubt in it. just trying to learn. so requesting for answer.
query: As in connection with the previous query to file a petition in high court, if the party chooses to file a separate petition asking the Court to make him a party in the already subjudice PIL, then under what section or Act, should he file the petition in the Bombay high court? Should it be just as per the procedure in CPC or should it contain "petition u/article 226" or section of any other Act?
SANJAY JOSHI
13 August 2011 at 14:19
Dear Sir,
One PIL is currently subjudice in the High Court. My question is .. when Mr. X, who is NOT a party to the PIL, but feels that he has certain things to say in the PIL, then what should he do so that he is also heard by the Court? Should he file another petition in the court requesting that he should be heard in the previous PIL? or Should he submit an application in the court requesting that he be heard too?
In this case, if Mr. X wants to file a separate petition in the High Court, my question from a lawyer's point of view is ... What is the format of the petition, i mean, under what law or section of the Act petition can be filed? What section or Act should the lawyer write on TOP of the petition?
Anonymous
13 August 2011 at 09:41
A legal notice to vacate the tenanted premises was served upon the tenant, it was returned back mentioning that he died, then another legal notice was served to the tenant's authorized agent who also to be a relative(but not legal heir), it was also returned back being endorsed by postal peon as "not met", now the questions are for bringing an eviction suit, (1)Whose name is to be given in the plaint for making a party/defendant i.e., the tenant or his authorized agent or both? as there is no authentic proof been available to the landlord about the death of tenant save & except the endorsement by the postal peon and also there is no trace of legal heirs; (2)Whether suit brought against dead person in this circumstances based/relied upon endorsement of postal peon is valid? (3) What are the ways so as to bring and stand the eviction suit?
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Name-change
Good evening,
I have my birth certificate in a different name. Changed name midway during schooling without following the rules laid down. Consequently, I have been using my changed name consistently all throughout.
While filling job application forms, I am being asked whether I had any other names at any point. What should be my response ? I don't have any legal proof of the name change if i answer in affirmative.
Is a change of name procedure recommended at this stage, which can effect a name change from an earlier date ?
Kindly, help me out.
Please, help me out.