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Anonymous   05 July 2010 at 14:31

Land Encroachment

Sir,
Exactly I do not know the area of my land has been encroached, roughly it is 450sqft may be more. Mine is a big plot, encroacher does not allow his land for measurement. If anyway or by court order his land is found to be more than he should have according to his sale deed and claim, then whose land will be of that. How it will be decided that how much land actually he has encroached? If encroached land found to be more than I claim for, then how will I manage that?
Plz. advice.
Thank and regards to all lnd. experts.

nagarajupatro   05 July 2010 at 14:02

suit numbering valuation

3. SUIT FOR INJUNCTION AND DECLARATION OF TITLE-ANDHRA PRADESH, SRIKAKULAM DISTRICT.

plaintiff has got D-patta in his favourt at about 30years back and he is in peaceful possession and enjoyment recently he came to know that said land had been handed over by the revenue authorities to municipal authorities for construction of compost dumping yard with out giving any notice to that plaintiff said site is very close to residential area. the said site was entered as porumboke in revenue records and as private land in sub-registrar records and a value of 165000was fixed. plaintiff contention is that while filing the suit for declaration of title and permanent injunction no need to submit the valuation certificate as the land originally porumboke. but the court did not considered. on the application the sub-registrar has corrected the same in his records but value has been given as fixed before the authenticative letter of the tahsildhar and the note written on the valuation slip AS SAID. the same has been submitted in the court but the junior civil judge court and argued that the value is now deemed 2b nill and the value given is a past one but court did not considered as it has no jurisdiction. what has to be done. PLEASE REPLY SOON

pratik   05 July 2010 at 12:16

Memo.

Memo is generally used in a situation where advocate appears on the behalf of respondent without submiting the vakalatnama, mentioning that he shall submit vakalatnama on the next fixed date.

Which section says the above.& the delay time is excepted (means how many delay can be allowed to file a vakalatnama if memo) is submitted.

koteswara Rao   05 July 2010 at 11:39

In Civil Suit Arrears of Salary is attachable or not

In Civil Suit "Arrears of Salary" is attachable or not

koteswara Rao   05 July 2010 at 11:26

money lending


how to know the money lending license is compulsary in Vijayawada

pratik   05 July 2010 at 11:21

Civil Procedure Code,

Can any body have the knowledge to explain me the difference between counter claim & set off as per the CPC with the help of a example(S)(S).

pratik   05 July 2010 at 11:18

Provincial Insolvency

The land at Mumbai is gifted by Mr.X. My query is, whether the gift deed can be registered at UP, even though the propery is at Mumbai. As I Have heard that Gift Deed must be registered within the Revenue Jurisdiction of the said property. In this case, I cannot registered the deed at UP.

But as per the belowmentioned sections

Registration Act, 1908

30- Registration by Registrars in certain cases.

(2) 4*[The Registrar of a district in which a presidency-town is included and the Registrar of the Delhi district] 5*** may receive and register any document referred to in section 28 without regard to the situation in any part of 6*[India] of the property to which the document relates. Registration or acceptance for deposit at private residence.

Also can u tell me what do u mean by presidency-town & also the difference between presidency-town & presidency.

So as per the above reading of the act whether to registrater the gift deed at UP or not.

Anonymous   05 July 2010 at 10:27

NATIONAL LITIGATION POLICY AS APLICABLE FROM 1ST JULY2010

Sir, as per the above announced policy can a party file aW/P against an Ad Interim Order by District court in Gwalior(M.P.) to High court?

Regards
Puneet

Suri.Sravan Kumar   05 July 2010 at 08:55

citations required

Owner of the Lorry filed suit for recovery of damages to his vehicle from Insurance co as his claim was repudiated on the ground that the vehicle carried extra passenger beyond its seating capacity, which is gross violation of policy as well as permit.
The lower court decreed the suit in favour of the lorry owner. Insurance co preferred appeal.
Any citations in support of Insurance Company?
sravan kumar

pratik   04 July 2010 at 22:51

Adminisrative Tribunal.

Under which section or law it is said that under Adminisrative Tribunal CPC & indian evidence act is not applicable.

1. Short title, extent and commencement - This Act may be called the Indian Evidence Act,1872.

It extends to the whole of India except the State of Jammu and Kashmir and applies to all judicial proceedings in or before any Court, including Court-martial, other than Courts-martial convened under the Army Act (44 and 45 Vict.,c.58), [the Naval Discipline Act (29 and 30, Vict.,c.109) or the Indian Navy (Discipline) Act,1934 (34 of 1934) or the Air Force Act (7Geo.5.,C51)] but not to affidavits presented to any Court or Officer, nor to proceedings before an arbitrator;and it shall come into force on the first day of September,1872.

But as per the reading of the direct tax code any proceedings between assessee & the income tax officer will be treated as judicial proceedings so can't we say that say per the reading of the indian evidence act section 1 the act (Indian evidence act) is applicable to the new draft will be coming in force form 1.4.2011 known as DTC, 2009.

Also tell me that under the statue if the tribunal power is created so how can we known that it is a administrative tribunal only & no other tribunal.

ALso this query has been posted many times but LD members aren't able to answer WHy i dont know.

So pls answer the query.

Thanks in advance.