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tusharcosmic   30 June 2010 at 01:56

Is not 35 days very long period for replying RTI application

I am to present replies of some RTI applications in a court after 2 months,but after 35 days the reply which I got from Public information officer is not a proper one. Now I am to file appeal to the first appellate.Of course I may inform the court about my RTI application and try to get a continuance but do not you think that 35 days is a very long period for responding RTI's applications ? When they can respond in emergency within 48 hours,why they are taking so many days in general cases? Is not this time gap of 35 days too much?

Anonymous   29 June 2010 at 21:07

FCRA, 1976

Hi!

A Non Governmental Organization is working for upliftment of poorest of poor in India.

NGO acquires funds from foreign source.
It uses such received foreign contribution to acquire assets like tractors, autos, drilling machines, computers to give it to self help groups(SHGs)/community based organizations(CBOs) comprising 10 to 20 number of individual beneficiaries for their economic upliftment.

Is it legally possible for the NGO to transfer/donate assets acquired from foreign contribution to such SHGs/CBOs (provided we list all the members of such SHGs/CBOs along with their signatures as documentary evidence for asset transfer)? What are the precautions NGO needs to take while making such transfer of assets?

If this is not possible,
is there a legal alternative to provide such benefits to SHGs based in rural area? (Sine it is difficult to register various SHGs in rural areas under FCRA)


Kindly clarify.

Thank you.

Anonymous   29 June 2010 at 20:49

Foreign contribution - self help group

Kindly clarify on the following:
A self help group has accepted funds from a Society registered under Foreign Contribution Act, by way of microfinance.
The society is receiving foreign contribution.

1)Is the self help group eligble to accept it in the manner of purchase of assets (FArm Machineries)in its name?
2)or Should the self help group register under FCRA to get the funds in the form capital assets from an alredy registered soceity(under FERA)?
3)Can the registered socitey give the foreign contribution received by it in the form of micro finance to individuals?
4) will the answer if it is to given to a self help group (association of persons)?

Plz do clarify

Anonymous   29 June 2010 at 17:03

Validty of a Non Judicial Stamped paper.

Respected Experts,
I have purchased Rs.100/- Non judicial Stamped paper on dt. 16-12-2008. But it has not yet been used till today.
Now I want to know the validity of the period of a Non Judicial Stamp Paper.
Plz. clarify.

Anonymous   29 June 2010 at 15:23

un authorized constructions...

What are the methods/evidence to prove that an illegal construction has taken place in the last few days if the construction is completed...

1. Photographs during constructions...
2. complaints with civic authorities...
3. Complaints with local police station...
4. any other...

Are there any lawyers in Delhi to help me out on this...

Anonymous   29 June 2010 at 15:22

How it can be proved?

Respected Experts,
Plz. clarify the doubt.

A and B are cousins. A has received an amount of Rs.40 lakhs from B. But “B” has created a forged Agreement of Sale for the landed property of “A” which worth’s Rs.2 Crores. B has filed a suit for Specific performance against A. But A has neither executed any document nor signed on any of the documents. In the said suit, A is defending that the document is a concocted document and the signatures are forged one. And also A has made a complaint against B about the document.

In this case,
(1) how A can prove that the document is a created document and the signatures are forged.
(2) How A could success in the said criminal case.

T.Goverdhan   29 June 2010 at 11:32

hindu succession law

My wife is one among 4 legal heir of my father-in-law who has expired 2 years ago leaving behind a housed property acquired through his own earnings at secunderabad,Andhra pradesh,with out leaving any will.We are married in the year 1970.Now my query is whether my wife is eligible for equal share along with her brothers.Since i was told that daughters married earlier to 1985 are not entitled and does new amendments are also applicable to the residents of Andhra pradesh.If she has a equal right ,can she go for partition and how long it may take.

Anonymous   28 June 2010 at 18:37

malicious prosecution and delay

Sir,
A neighbor of mine while constructing his house filed a false private complaint case on us u/s 147, 427, 451 Of IPC. The trial lasted full ten years. Where he had made deliberate delays in order to harass us and to encroach our land, ultimately they succeeded in their plan. Also due to this we sold that land at distress price.
Complainant was going for revision against every order passed. Every where every hon'ble judges passed remark against the complainant, that it has been filed for mere delaying purpose.
In the last revision petition the Hon. ADJ has written in the last order that-
“The petitioner has filed revision for delaying the proceeding and liable to be dismissed. It has also appears from (the perusal of the case record) time to time the Complainant has filed successive revisions application in this case on trivial matters. ”
Also all the Hon. Judicial Magistrates who have gone thro’ the proceeding have written strong remarks against the complainant that prosecution is delaying the case unnecessarily over trifles, which is defeating the purpose of justice and is only intended to harass the accused. Lot of remarks is in favor of us. In the judgment, the Hon. JM has observed that prosecution has failed miserably to prove his case.
I was suggested to go for damage suit and file a case for malicious prosecution. Even I served the notice to the oppo party. But due to serious illness of my wife I failed to follow the case. Ultimately she died, which put us in trauma. After one year I tried to follow the case but my advocate suggested that delay will not be condoned, so it will be waste. Also I too used to suffer from many diseases so I left. My age is 74yrs. Now some advocates suggest that court is liberal in this view so delay will be condoned.
Is the case is fit for malicious prosecution? If yes, then.
In this case what should I do? Will the delay of 4yrs be condoned?
Do we any other proof apart from documentary evidence since he was constructing without any passing of plan from municipality?
Plz. Suggest
Thanking all of You.

Anonymous   28 June 2010 at 17:05

Property Laws

Hello. A non profit making organisation has a property, which has been enchroached by certain people, who have made permanent structures over the said property. The said organisation for years failed to get them out.
Now the organisation intends to remove them, should they send them a legal notice, would it lead to litigation, can the organisation take police help without sending notice, would that complicate the case??

What is the legal position of the said organisation??

Anonymous   28 June 2010 at 15:10

Appeal


Sir,

Long back I filed a Civil case in the High Court last month I got judgement delivered by the High Court.

If I wish to appeal against the judgement in the Supreme Court (Apex Court)in civil matters. What is the time given to me under the constitution of India and how can I proceed for the appeal. What is the limitation for such appeals.

I will be thankful if you let me know the period for appeal or lapse of appeal.

M.S.N