Anonymous
09 January 2010 at 13:37
Wheather state can take plea of adverse possession against it citizen without acquiring land under land acquisition Act.and if yes than wheather govt can be adverse against its citizen and what about article 300A constitution of india. sachinsdl@yahoo.com
krishnamohan
09 January 2010 at 13:12
how can give application to the village office for measuring of our property, how many days will due for coming and measuring the property
kranthi kiran
09 January 2010 at 13:00
Appeal filed before the Joint Collector in a Revenue matter is reserved for orders. Recently appellant died. Order not yet passed. Is it required to re-open the matter to implead the Legal Heirs or not necessary.
DK SHANKAR
09 January 2010 at 06:16
Dear experts,
Happy and very prosperous new year greeting to all of you. Give your valuable opinions to me in this legal matter. A is working a bus conductor in a Government transport company. When he was on duty the bus tyre was busted and the driver was changing the tyre. At that time the conductor helped him by taking tools and another passenger also helping them. At that time a lorry droved by it's driver rashly and negligently and dashed against the conductor and passenger and gone without stopping. The lorry could not be traced even after 2 months. The conductor sustained fatal injuries and died. the passenger sustained grievous injury. The conductor was earning a sum of Rs.14000 on the date of accident. if i file a case under work man compensation Act then the maximum amount of an workmen is only 4000 and 50 % of the same is Rs.2000/- multiplying the factor the compensation can be awarded around 4,00,000/- if i file an application under Section 140 & 166 of M.V. Act (no fault liability) then the amount of compensation will be more but since the lorry could not be found out how can i file a case and claim compensation against the bus company. If the court consider the case of hit and run case then also compensation will be less. Advise me how can file a case under M.V.Act and claim more claim against the bus management & under which section?
My sincere thanks to you all in advance.
DK SHANKAR
09 January 2010 at 06:14
One "X" borrowed a sum of Rs. 5,00,000/- from One "A" and deposited his documents of title. Later when "A" demanded payment for the debt "X" gave a cheque for Rs.5,50,000/- towards full satisfaction of the debt. When the cheque was presented for collection it was returned with an endorsement that "In sufficient Funds". Mr. "A" sent a statutory notice under Section 138 of N.I.Act demanding payment. "X" received the notice and sent a reply that he did not borrow the money he gave the documents to his relative "Y" for his bank loan and MR. "A" got the document from "Y" using rowdy elements, and now used the documents and cheque to unlawfully enrich, and "X" does not has a account in the bank and the cheque issued is not his Account. "X"'s relative "Y" is also one of the debtors to Mr."A". "Y" and his father one year back sent a letter admitting that Y borrowed the debt and debt of "X" also. "A" has sent a notice to the "X"'s bank that the chueque was returned for the reasons insufficent funds and not as signature differs? but x states that it is not his A/c. Bank sent a reply that the Account is a Company cheque and "Y" is the authorised person issuing the cheque. It is Now clear that both "X" and "Y" inorder to avoid their liablity "X" issued "Y's" cheque by puting "X" signature to cheated Mr."A". In the mean time 30 days lapsed and now shall i file a complaint against "X" eventhough the cheque was belong to "Y" A/c or file a cheating case under Sec 420 I.P.C against both X and Y. Advice me in this regard.
Dk Shankar
Soma
09 January 2010 at 02:02
a current account holder (Mr. B) in the name of M/s.XXXX a proprietorship firm.
Bank dishnoured cheque even if there was sufficient balance.
Whether a current account holder who hold the account under the name of proprietorship firm is a consumer? (C.P.Act)
Any senior can provide relevant case law?
District Forum saying the complainant is holding the account for business purpose and hence he is a nconsumer.
Dhiren Akbari
09 January 2010 at 01:55
personal guarantee duly stamped on 1-1-1997 in favor of bank executed in Mumbai - bank at the time of signing the document did not put the date on document - on 1-10-2000 bank filed the case - bank putted date on document as 1-11-1997 to avoid defence of time barred(3 years) claim. u/s 52B of maharashtra stamp act, any stamp not used within 6 months is not a valid stamp. DRT on defence, ordered for imponding of the said document using power u/s 33.
now question are;
1. whether the document which is invalid u/s 52B of the Act can be impounded by court?
2. if court is right in using their power u/s 33, from which date the said document turned to be valid? i.e. from the original date of document or from the date of adjudication by the collector of stamps?
3. is there any specific provision under stamp act to renew/extend the validity of the duly stamped document after 6 months period as provided in sec. 52B?
4. relevant judgement in the above matter and advice for taking defence in the above matter.
an early opinion, reference and advice be highly appreciated.
thank you.
Anonymous
09 January 2010 at 01:05
Respected Experts,
I was plaintiff in a Title Suit (filed at Hon’ble Subordinate Judge), which was also for recovery of possession through process of the court. Judgment passed in my favour. After six months of judgment, I filed for execution suit (notice has not been served yet but will be served shortly). Which is pending in the court? Opposite party (judgment debtor) have not filed appeal till now (9 months are over). Recently when we were out of town, they (Opposite party) have done some construction (Raised an enclosure wall) on the suit land. Now will this construction has any effect on execution? Should I inform the court about this construction? What else should I do? Thanks to all.
DK SHANKAR
08 January 2010 at 23:03
Dear experts,
Give your valuable opinions to me in this legal matter. A is working a bus conductor in a Government transport company. When he was on duty the bus tyre was busted and the driver was changing the tyre. At that time the conductor helped him by taking tools and another passenger also helping them. At that time a lorry droved by it's driver rashly and negligently and dashed against the conductor and passenger and gone without stopping. The lorry could not be traced even after 2 months. The conductor sustained fatal injuries and died. the passenger sustained grevious injury. The conductor was earning a sum of Rs.14000 on the date of accident. if i file a case under work man compensation Act then the maximum amount of an workmen is only 4000 and 50 % of the same is Rs.2000/- multiplying the factor the compensation can be awarded aound 4,00,000/- if i file an application under Section 140 & 166 of M.V. Act (no fault liability) then the amount of compensation will be more but since the lorry could not be found out how can i file a case and claim compensation against the lorry insurance company. If the court consider the case of hit and run case then also compensation will be less.
Advise me how can file a case under M.V.Act and claim more claim against the bus management & under which section?
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adverse possesion
Wheather state can take plea of adverse possession against it citizen without acquiring land under land acquisition Act.and if yes than wheather govt can be adverse against its citizen and what about article 300A constitution of india. sachinsdl@yahoo.com