Baskaran Kanakasabai
09 July 2010 at 00:00
Under the proposed Land Titling Bill 2010,
notification u/s 4(1), declaration u/s 6 and award u/s 15(of LA Act,1894) are all compulsorily registrable, All lis pendens as well is compulsorily registrable.
Comments and views please!
Baskaran Kanakasabai
08 July 2010 at 23:20
Acknowledgement
The primary objective of the presentation titled “The flaw in the law” is to get the LA Act, 1894 amended in respect of addition of a section to that law to prescribe for the compulsory registrability of the notification u/s 4 (1).
The proposed Land Titling Bill 2010 of the Govt. of India, proposes the very same point .
Therefore, I consider it time now to acknowledge the valuable help and support rendered by
Sri. R.K.Makkad, Sri. Niranjan, Sri.Aravindan s/o Ganesan, Ms.Parveen Agarwal ,Sri. Assumiki, Sri. Y.V.Vishweshvar Rao, Sri.Kiran Kumar, Sri.A.V.Vishal,Smt.Rakhi Budhiraja, Sri.Rajeev, Ms.UmaParameswaran, Sri.Devajyoti Barman, ,Sri.Bagwat Patil, ,Sri.Arup Kumar Gupta,Sri.Ram Samudre, , Sri.ShasiKumar, Sri.Chanchal Nag Chowdhury, Sri.Pawan Sharma,Sri.Parthasarathi Loganathan, Sri.SKJ,Ms.Archana,Sri.B.K.Raghavendra Rao,Sri.Daksh,Ms.RuchiGupta,Sri.SivaSubramanian,Sri.MuraliKrishna,Sri.MukulAggarwal,Sri.VirendarPankaj,Sri.K.C.Suresh,Sri.Mahendrakumar,Sri.Kamaraj Bharathy and others
in the process of clarification of my doubts and thus towards the structure of my presentation titled “the Flaw in the Law”
Though the extent of contribution ranges from the low to high on a scale of 1 to 1000, I sincerely thank each and every one.
If there is one person to be mentioned in isolation by virtue of maximum contribution, it is none other than Sri.R.K.Makkad.
I thank the Supreme Courts of the United Kingdom,Singapore, Australia, and NewZealand, the U.K.Law Commission, and Mrs Ang Moo San of Singapore Land Authority for their kind and express contribution in this regard.
I also thank Sri. S.V.Nahar and Sri.Sudershan Goel of lawguru.com in this regard.
My special thanks should go to the administration of lawyersclubindia.com and lawguru.com and the inventor of internet for providing the plat form to materialize the whole 3 months old story.
If I had left out some one’s name in the list of contributors, kindly pardon me.
Thank you all, Ladies and Gentlemen!
pratik
08 July 2010 at 22:39
Section 57. Facts of which Court must take judicial notice - The Court shall take judicial notice of the following
facts;
1. All laws in force in the territory of India;
2. All public Acts passed or hereafter to be passed by Parliament of United Kingdom, and all local and personal
Acts directed by Parliament of the United Kingdom to be judicially noticed;
3. Articles of War for the Indian Army, Navy of Air force;
4. The course of proceeding of parliament of the United Kingdom, of the Constituent Assembly of India, of
Parliament and of the Legislature established under any law for the time being in force in Province or in the
States;
5. The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain
and Ireland;
6. All seals of which English Courts take judicial notice; the seals of all the Courts in India and of all Courts
out of India established by the authority of the Central Government or the Crown representative; the seals off
Court of Admiralty and Maritime jurisdiction and of Notaries Public and all seals which any person is authorized
to use by the Constitution or an Act of Parliament of the United Kingdom or an Act or Regulation having the force
of law in India;
7. The accession to office, names, titles, functions and signatures of the persons filling for the time being any
public office in any state, if the fact of their appointment to such office is notified in any official Gazette;
8. The existence, title and national flag of every State or Sovereign recognized by the Government of India;
9. The divisions of time, the geographical divisions of the world, and public festivals, facts and holidays
notified in the Official Gazette;
10. The territories under the dominion of the Government of India;
11. The commencement, continuance and termination of hostilities between the Government of India and any other
State or body of persons;
12. The names of the members and officers of the Court, and of their deputies and subordinate officers and
assistants and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors,
vakils, pleaders and other persons authorized by law to appear or act before it;
13. The rule of the road on lad or at sea.
In all these cases, and also on all matters of public history, literature, science or art, the Court may report
for its aid to appropriate books or documents of reference.
If the Court is called upon by any person to take judicial notice of any fact it may refuse to do so unless and
until such person produces any such book or document as it may consider necessary to enable it to do so.
Query :
Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls
Pls Pls
Tell me in detail detail detail detail detail detail detail detail detail detail what does this section tells
about because i totally confused that why UK, Ireland & other countries names are mentioned pls elaborate if
possible with the example(S)(S)(S).
Pls i have readed the act & not understood the section so it has been posted dont tell me to read it again.
it is a request to explain me the hole section meaning.
2) what do u mean by concurrent powers as per the consitution of india, 1949 with the example.
Thanks In Advance.
Anonymous
08 July 2010 at 22:16
DEAR SIR,IS THERE ANY LIMITATION TO FILE AN EVICTION SUIT AFTER SERVING THE NOTICE FOR EVICTION?
Member (Account Deleted)
08 July 2010 at 22:04
Dear Sir
is there a time limit for the metropolitan judge to ensure that the chargesheet presumably filed by the police is handed over to the accused who at the end of almost a year is yet to know under what charges he has been booked , arrested and under bail with a surety of Rs 5000/- ? The accused meanwhile had to vis the court almost every month only to get the next date.
Regards
haridas mandal
Anonymous
08 July 2010 at 22:00
Seller has breached the agreement for sale, as when asked to furnish documents of municipal permission to be able to use the residential property in a commercial manner as he advertised it in his offer of sale through webpage advertisement, instead of furnishing such proof, he immediately returned all the money paid so far on some other pretext.
How the seller can be booked for breach of contract?, and how the damages shall be computed in case breach is proved in the court of law, as seller cannot perform the specific performance of the contract as he cannot convert the proposed residential property of sale to its commercial use as he stated in his offer of sale.
Also, if seller cannot furnish proof for able to use this property for its commercial usage, then what IPC criminal charges for which he can be booked for inflicting maximum punishment on him?
vinod bansal
08 July 2010 at 21:11
R/Expert
In a death/murder case,dying declaration was recorded by magistrate,FIR was got registered against some persons,investigation is still going on,investigating officer contacted to concerned court and magistrate for obtaining a copy of dying declaration,but he was rewfused,what is legal position in given facts,I.O. and accused how and when(at what stage)can obtain copy of dying declaration.Thanx
sachin
08 July 2010 at 20:55
I have my Company registered in EPF from 1996, Now I want to apply for closer under PF act. Please guide
Anonymous
08 July 2010 at 20:33
dear sir, iam satyanarayana from rajahmundry, east godavari district, andhra radesh,
sir, i have debts of nearly five lakhs (500,000) recently ,i transferred my property as a gift deed to my wife,mother,sister.now can i apply for ip.is ip applicable to the banks or not.pl.give me good suggestion
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Re: Clients money held by lawyers
I had appointed a lawyer for purposes of obtaining a probate. The court fee stamp amount of Rs 75000/- was paid in advance at the lawyer's request in February 2009. The lawyer filed the petition after seven months on 18 September 2009.
The delay was because of various excuzes the lawyer gave from time to time. My query is that the lawyer was in custody of the court fee stamp amount of Rs 75000 for seven months. I would like to know if I am entitled to interest on that amount which the lawyer held on to from the time it was paid to her until the time she filed the petition.
Many jurisdictions in other countries impose an obligation on lawyers to ensure that client funds held for long periods are placed in interest bearing accounts in banks and the client is entitled to all the interest earned thereon. Failure to do this is misconduct on the part of the advocate.
For your information, I had suggested while appointing the lawyer that I would pay a portion of the legal fees to start mobilizing the work. However, the lawyer insisted that in addition t
I had appointed a lawyer for purposes of obtaining a probate. The court fee stamp amount of Rs 75000/- was paid in advance at the lawyer's request in February 2009. The lawyer filed the petition for seven months later on 18 September 2009.
The delay was because of various excuzes the lawyer gave from time to time. My query is that the lawyer was in custody of the court fee stamp amount of Rs 75000 for seven months. I would like to know if I am entitled to interest on that amount which she held on to from the time it was paid to her until the time she filed the petition.
Many jurisdictions in other countries impose an obligation on lawyers to ensure that client funds held for long periods are placed in interest bearing accounts in banks and the client is entitled to all the interest earned thereon. Failure to do this is misconduct on the part of the advocate.
For your information, I had suggested while appointing the lawyer that I would pay a portion of the legal fees to start mobilizing the work. However, the lawyer insisted that in addition to the advance of legal fees, I must also pay the court fee stamp amount up front. Thereafter, the lawyer held on to this amount for seven months.
I would also appreciate if you could inform me if there is a scale of fees, which the lawyers have to adhere to when filing petitions for LA/Probate and obtaining the orders.
o the advance of legal fees, I must also pay the court fee stamp amount up front. Thereafter, the lawyer held on to this amount for seven months.
I would also appreciate if you could inform me if there is a scale of fees, which the lawyers have to adhere to when filing petitions for LA/Probate and obtaining the orders.