Anonymous
09 January 2011 at 13:08
My previous query turned towards NIA 138 only.
All experts and myself forgot order 37,hence this query.
""I am reproducing previous one and please note that I am asking about order 37 only this time----
I gave training of meditation to one father and her daughter for 30 long days.
Daughter gave me cheque as fees for her father and herself.
Actually this cheque was given for the fees of both of them (Admission form , attendance form was signed by both of them collectively).
Now the cheque bounced.
Should I send notice to both of them or to the daughter only??
How would I be able to involve her father legally as cheque belonged to the daughter only and I can't leave the father because all the docs were signed by both of them collectively as I have already described.
Plz. guide........""
And I am really thankful to all the experts who replied previous query which helped to make my mind clear about 138 and I would be really thankful if this time also I am guided as previously.
Anonymous
09 January 2011 at 02:55
what is the relevance of limitation act in issues relating to the claim in the parental property (agricultural land) particularly by sisters which are made after so many years just because now a days the cost of property literally everywhere is rising high.! is there any specific judgement regarding this issue which could be of some use.........? (i.e.) limitation act for claiming stake in paretal property. any time limit boundations for claiming stake.
Anonymous
09 January 2011 at 02:49
If a property is an agricultural land ( now acquired by state govt.) then only revenue authorities have jurisdiction to entertain and decide the partition proceeding among the co-sharers ( as 1 party claiming its share went to civil court ) and civil court cannot intervene in this process. is it true or false and if true under which section , is there any landmark judgment in this regard for reference. pls. mention relevant section or judgment. property is in state of rajasthan.
Anonymous
09 January 2011 at 01:40
Learned experts,
In registration of land/property of Schedule Castes/Backward classes, There is a mandatory provision, which require previous permission from the concerned Deputy Commissioner.
In the year 1969 a judgment of Patna HC came which observed that these restrictions as unreasonable and not in consonance with constitution. Based on this observation Govt. of Bihar (IG of registration) in 1970 issued a letter to all the collectors and registrar to not to follow the restrictions.
The provision of that act got included in the 9th Schedule at item No. 209 by 44th amendment of the Constitution which came into force on 20.6.79.
Later in the year 1984 the full bench of the HC set aside the earlier judgment of 1969, which had lifted the restriction.
Before this letter of 1970 the provision of the act was being followed strictly. But since 1970 to till date the provision of the act is not being followed, i.e. the registration of land/property of Schedule Castes/Backward classes are being registered openly without any permission from the concerned Deputy Commissioner till date. Recently in Dec 2010 again a letter from Chief Secretary of the state has asked to the entire registrar/registry office to continue with the registration without permission.
On the other hand HC is neither acknowledging nor attaching any importance to the letters of IG Registration and Chief Secretary of the state, and declaring the sale deeds registered without permissions (even registered in 1970 after the mentioned letter) as null and void ab initio. Many people have lost the suit and their lands. On this matter till now no SC judgment is there so judgment of HC is prevailing over the state.
Widespread confusion is prevailing. I too had purchased a land of schedule caste in 1970 (after lifting the restriction) and was denied the permission by saying that it is no longer necessary now. Now the vendor is claiming the land and creating lot of nuisance. I consulted all the veteran best lawyer of the state, all says that never go to civil suit, ur sale deed will be declared null and void ab initio (since u do not have permission). U will not get any relief till HC. Only SC can intervene or situation will be worsened. Let anyone approach to SC and wait for the result.
What is the fate of lakhs sale deeds registered without previous permission from the concerned Deputy Commissioner between 1970 till inclusion in the 9th Schedule? As it is not our fault.
Who will compensate us in case we lose our land?
Is the letters of IG Registration and Chief Secretary of the state a waste of paper having no significance?
Will writing to Law Commission or SC bring any result?
What will be the stand of SC, if PIL filed?
Affected party is poor and cannot afford any suit at SC?
In this situation what one should do?
Please advice/suggest.
My Thanks and great regards to all of you.
Anonymous
08 January 2011 at 19:48
in present matter educational officer Zilha parishad,buldana had given permission to the ex trustees for advertisement for the post of teachers.the fact that the persons whose names appeared on public trust register never authorised to manage the trust.But they in collusion with educational officer try to grab the vaccant post of the society.we are the trustees elected for the period 2008 to 2011 and our previous change reports are rejected and we arein appeal in district court.can we stay the abovesaid advertisement published in the newspaper.if yes then which court has jurisdiction.
Munish Kumar Garg
08 January 2011 at 18:31
Hello Members
A driver having driving license to drive HTV. While driving tanker to carry petrol - hazardeous article - not licensed to drive the vehicle in question - caused accident with ALTO car - Oil Tanker is insured - whether insurance company of oil tanker is liable to pay compensation amount to the claiments of deceased. Or whether issurnace company is absolved U/s 149 of MV Act.
Please give some rulings on this point.
Thanks in Advance
Anonymous
08 January 2011 at 18:28
what is the requisite criteria or the requirements for the plaintiff to file a suit for possession in the civil court ???
i.e. whether he has to be in possession or not prior filing of suit?? etc.....
Anonymous
08 January 2011 at 17:55
The plaintiff has filed a civil suit before Civil Judge Jr.Dn.Court for injunction. Court has issued emergent notice and passed an order of status quo.
Whether can we file application before the same court to vacate the order of status quo.?
madhav
08 January 2011 at 16:23
dear Sir,
I have a house property which is jointly registered in the name of my parents.now my both the parents are expired. and have left my younger sister and my elder Step brother and sister. now how the property will be transferred in what way.
Thank you.
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Cancellaton of sale deed
Respected sir: A person purchased agrcultural land of 4 acres from me for sale consderation amount ofRs:2000000:00(Twenty Lakhs)He paid fifteen lakhs in cash,and for remaining five lakhs he arranged a cheque. The cheque/bank acount belongs to another person (His relatve who is a witness in sale deed document. when I submitted the above said cheque for encashment.It bounced and bank issued endorsement "cheque dishonoured due to insuffcent funds". It is already one month over since I executed sale deed.the amount land valuaton he mentoned in sale deed is six lakhs. Now He denyng he has any due.. Plz advice me how recover my money or land back