Aushaf
20 December 2014 at 22:33
Suit was filed by a power of attorney holder but original farmers who gave the power made a settlement with the defendants without consulting POA holder....MOU was made with a friend of POA with 1 lakh consideration application was made under order 1 rule 10 to add mou person to implead as a plaintiff.......hearing pending....can withdrawal be stopped and power of attorney holders right will be protected...........
Venkatesh Maruti Kuvalekar
20 December 2014 at 21:07
Sir/Madam,
I am an advocate by profession. My client was the owner of land which has now been acquired. Being dissatisfied with the award passed by the Spl. Land Acquisition Officer, he filed an application u/s 18 (1) of the Land Acquisition Act for reference to Court for determination by the Court the amount of Compensation. My client has been considered as the person interested by the S.L.A.O, and the award passed under section 11 of the L.A. Act has been passed in the name of my client. Reference Application filed by my client is pending before the Reference Court.
The acquired land was subjected to auction at the time of acquisition. Now one Mr. "X" has filed an application u/s 18 (1) of the L.A. Act in respect of the same land contending that he purchased that acquired land in auction. Neither Mr. "X" has been considered as the Person Interested by the S.L.A.O.nor any award has been passed in his name. The reference application filed by Mr. "X" has also been referred to the Reference Court.
NOW MY QUERY IS: - Whether a person who has not been considered as the Person Interested by the S.L.A.O. and who has not participated in the acquisition proceedings before the S.L.A.O. can file an application under Section 18 of the Land Acquisition Act. Whether Mr. "X" has any remedy under section 18 of the L.A.Act or his remedy lies only under Sec. 30 of the L.A. Act?
Please reply.... Eagerly waiting for your expert opinion with few reported decisions (if any) for my assistance.
Rajeev Singh
20 December 2014 at 19:40
Can a farmer whi has sold his land to the Government file a petition claiming additional cost on the land which has already been sold.
A farmer in my village sold off his land to a Government agency. Later he gets to know that by some order the rates have been revised and additional benefits are being given to farmers who have either filed petition or their matter is pending in the court. So seeing this the farmer plans to file petition aginst the Government agency.
Can he do so.
Is their any way it can be stopped bcoz once the deal is closed how can he claim for more.
Pls suggest. Or by what way can he be stopped.
Am representing the agency.
Pls suggest any judgements of Apex Court.
Thanks in Advance.
Srijeet
19 December 2014 at 17:52
Like orphanages and old age homes, are there any places in India where an average working person can choose to stay without payment ?
g.rajasekar
19 December 2014 at 15:48
sir,
i have been doing agricultural activites now all ways towards my agricultural land was closed by real estate land layout persons if i get way what can i do legally?
RAJIB LOCHAN BARIK
18 December 2014 at 23:43
Hello sir,can a government land near my house be enclosed.
Reformist !!!
18 December 2014 at 21:25
Hi Experts, In one of the consumer court cases, the OP party lawyer did not appeared in the District forum after filing the memo on 1 date and then the case was allowed in our favor ex-parte. After that we filed Execution in Sec 27 of Consumer Protection act. Then opposite party appeared on 1 date and plead with a Miscellaneous application that they did not received the final order from the court and they only got it after they applied the certified copy in the registry of the Forum.
In Actual, we have examined/inspected the court file which clearly shows the stamp of opposite party's office on the final order receiving. And even after receiving the copy of final order through Court via Dasti, he delayed the proceedings in Execution case and applied for the final order copy after 2 months(2 dates) of receiving the summon for Execution Petition. Meanwhile, he is trying to approach State Commission against the ex-parte order. Please guide me, what shall i do as he has filed the Miscellaneous application to stay the Execution case till he applies in State commission.
Also, let me know if there is any Judgment from the National Commission or Apex court that if opposite party lawyer does not appear in a case then complainant should not suffer because of his negligence.
Urgent reply is appreciated...
Thanks in Advance.
nagarajupatro
18 December 2014 at 20:32
Respected experts please guide in the matter.
One titupati running his business in municipal shop. Earlier Said shop was allotted to his father, later the same shop was re-allotted to one S.C candidate Anand, even then on oral agreement tirupati's father continued in the same shop, after his death tirupati maintaining said since 7 years, recently Anand forced tirupati to vacate the shop and tried to dispossess from the schedule, then tirupati approached lower court got Adinterim injunction against Anand, the learned judge dismissed the petition after 4 months, stating that injunction cannot be continued against the true owner and petitioner failed to prove his possession and petitioner did not filed any document showing his possession except the D&O Trader license receipts issued by the municipality and the respondent has submitted rent payment chalans. Whereas the respondent in his written statement story admitted that when he was out of station petitioner entered in the shop by breaking lock - That word itself shows the possession of the petitioner over the petition schedule. Further the respondent contended that he is the real owner and the petitioner is his servant, whereas he failed to submit his business licenses issued by the municipality and to prove that the petitioner is his servant. Even though the lower court favoured the respondent.
The lower court delayed in issuing certified copies of its judgement/decretal order, eventhough poor petitioner approached the Dist. Court in time filed C.M.A (appeal) on which the appellate court ordered for urgent notice to the respondent. As the case stands so... the respondent immediately after the dismissal of I.A (Vacation of Ad interim) stated harassing the petitioner tried to tress pass into the suit schedule, pending trial of main suit and appeal and damaged the front part of that shop, on that petitioner reported the matter to police, but in vain, appeal stand posted to next month 25th.
at this stage please clarify that :
(a) Whether the respondent can interfere with the possession of the petitioner over the suit schedule and alter the shape of the shop, just on dismissal of temporary injunction petition, pending appeal and main suit.
(b) Since there is time prescribed for appeal and preferring appeal in time, in such case what is the interpretation of the order of the lower court i.e, dismissal of I.A, whether the previous position i.e, adinterim injunction still continue till the disposal of appeal or in between the appeal time there will not be any such legal obligation of not entering respondent in the schedule as the appeal and main suit are pending.
(c) whether it can be treated as contempt of court or not, what action should be taken against the respondent for urgent relief, If the respondents enters and threatens the petitioner pending cases in the courts.
Please advise at the sooner to help a poor petitioner to safeguard his right to live and to restrict the high handed acts of the wealthy respondent
please quote the decisions infavour of the petitioner immediately to protect a young guy, who is the sole breadwinner for his family.
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Objection after land sold and mutation completed in the name ofpurchager
Nakul Mahto in 1992 sold a portion of land after his fathers death in presence o 4 witnesses (1 of them was his son) by registered sale deed and a map indicating the LAND particular portion SOLD.Purchaser Ram SINGH dully Mutated his name in govt register 2 and get land revenue receipt in his name till Now. After 22 years SELLERS son (witnes) Denies the sale deed and do mischieves with purchasers son(RAM DIED 4 YEARS ago), and threatened him every time to vacate from said land. MY query is that 1. Is sellers Son OBJECTION is law ful? 2.Can sellers SON Recall the sold land? 3.What is Remedy for Purchasers SON ?