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Satyan manuja   31 August 2014 at 18:47

Order meaning in simple words

The case is adjourned to 20.10.2014 for consideration on the the point of returning the complaint in the light of judgement of Hon'ble Apex Court titled as "Dashrath Rupsingh Rathod V/s State of Maharashtra & Anr" kindly explain in simple language.

RK   31 August 2014 at 16:28

Regularisation of encroachment land

Dear Sirs, Good evening!
My father came to Andaman in the year 1956-57 and Encroached a piece of land Sy No. 45 Area 523 Sq Mtrs which was a (Govt's. land).
whereas, occupant of Sy No. 46 was filed a case against my father in the year 1973 before the Revenue court of Tehsildar alleging that my father was illegally and unauthorisedly encroached an area of 217 sq mtrs in SY No. 46. The Tehsildar settled the matter in 1974.

Again occupant of Sy No. 46 filed a civil suit in 1987 against my father in the Civil judge (Senior Division) for an area of 117 Sq Mtrs, the claim was dismissed for default in the year 2000 (after 13 years).

The revenue dept. regularized an area 200 Sq mtrs only out of 523 Sq mtrs as pre- 1978 regularization in 1998 in fact the revenue dept had to regularise the entire 523 sq mtrs land instead of 200 Sq Mtrs.

my father was expired in 2003. Now, we are two brothers. the regularised landed area 200 sq mtrs. mutated in my brother name after my father's death. Now I am a family man and have no land in my name.

My question is, as the civil suit was dismissed in 2000. Can we regularise the remaining area of 323 sq mtrs now as pre- 1978 regularization.

Kindly suggest me in this regard Please,
Hoping for positive advise

Thanks in Advance



sanjeev kumar   31 August 2014 at 13:33

second appeal

Regular second appeal is filed in HC against concurrent decree of specific performance of lower court. No stay is granted by HC but only notice of motion is issued. Will this work as stay on decree executation.

M.Sheik Mohammed Ali   31 August 2014 at 13:07

Request for model question paper

Dear Learned Advocates,

Tamilnadu Government announced Civil Judges Posting, if any one attend civil judge exam, pls provide me previous question paper and answer for model.

Senthilkumar   31 August 2014 at 12:20

Ost civil suit under o 7 r 1

Dear Sir/ Madam,

My Father Expired in the Year 2006. We have ancesteral property(inherited) from my grandfather(father side) and my father has 3 other siblings along with him. But the Last sibling of my father, he alone sold most of the Agricultural land illegally where we,the other 3 families have the share. It was an undivided property under my grandfather's name. Looks like my fathers sibling was cheated by someone and he has given Power of Attorney to some person for an particular property, once we came to know about this we cancelled the power of attorney and sent a notice to him through propoer channel. But then also the person who got POA sold the property to someone else . He also sold our other properties(with our shares) to multiple times to other persons illegally. It is like the same property is being sold to more than one person using illegal documents. All these things happened between 2007 to 2009. Initially we tried through police but looks like they got bribe from the other person and no action was taken. Recently we moved to civil court filed an case under OST O 7 R 1. The summons were sent to the opposite parties for hearing through court ameen. But all the summons were returned saying that no one is living on those addresses. We took these addresses from the property registration documents at SRO. My lawyer is saying that the opposite parties might have bribed the ameens and postman's for not to receive the summon documents. He is saying that we will be resending the summons again.

What will be the solution for this?. if the opposite parties are continuing in this manner not to reciveve the summons for initial hearing then how the case will proceed further?. They are deliberately avoiding to get the summons. Is there any way to cancel the previous registrations and get the properties back?

Thanks & Regards,
Senthil

arunkumark   31 August 2014 at 10:31

Rti or 101 mcs act which should be given priority

A society has filed application under 101 mcs act for recovery of pending dues in august 2013. Now the defaulter member filed an application under rti to the registrar asking for some documents which are not related to recovery procedures.The matter is pending with asst registrar for last one year.Now The rti application is made only to delay the 101 proceding and harass the society to avoid paying dues with interest. The defaulter member is asking for some very old documents of the year 2005 since when he has stopped paying his maintenence. My querry is whether society can refuse to give those documents as 101 mcs act recovery procedure is pending against the applicant.Dear experts please advise in details.

GANGAM.RAJENDER.   31 August 2014 at 07:39

Limitation act art 109 is applicable

respected experts.
MY FATHER ALIENATED THE ANCESTRAL PROPERTY IN THE YEAR 1968(BY SALE).DURING THE LIFE TIME OF MY FATHER THE PURCHASERS ARE NOT ENTERED IN THE SUIT LAND NOT ENTERED INTO THE REVENUE RECORDS WHICH IS AGRECULTURAL LAND.
the legal heirs of the purchasers filed the suit in the year 2006 for declaration of title and rectification of revenue records.
BUT WE ARE ENJOYING THE PROPERTY SINCE LONG TIME AND WE HAVE PASSBOOK AND TITLE DEEDS.
Q1.WETHER THE SUIT IS MAITAINABLE AFTER LONG TIME(ABOVE 12 YEARS) UNDER THE LIMITATION ACT ART 109 OR WILL THE SUIT HIT BY LIMITATION ACT.

PLS GIVE ME PROPER GUIDANCE SIR.
THANK YOU SIR.

kumar   30 August 2014 at 22:42

Endowments &government

Dear Members,

How to protect a private temple from acquisition by endowment department or from govtment ???

Thanking you all...

Seeker   30 August 2014 at 21:30

Defamation case against wife and in laws

My friend is going through a divorce case and is under mediation with his wife. inspite of the case being in the court the wife and her family keeps making calls to husbands family friends to narrate false sob stories that wife was mistreated and was thrown out of the house etc. wife's family is doing all this to spoil the reputation of her inlaws so the pressure is built on them and they withdraw the divorce case.
My question is, that can the husband file a defamation case against his wife and inlaws? He has phone recordings to prove where his family friends are narrating that wife's mother called them up and said all the sob stories.

KmeduVishnu   30 August 2014 at 21:16

Doctrine of per incuriam

Dear Experts,

If the trial court passed any order by ignoring legal precedents will amounts to that decision is "per incuriam".

The doctrine of "per incuriam" is applicable only to Supreme Court and High Courts or it is also applicable to lower trial court's orders.