Anonymous
13 January 2010 at 14:19
Can revesion lie against allowed amendment application
Anonymous
13 January 2010 at 14:03
want to run private security .where can i get the licence and how to obtain . what are the requirements and the formalities
Anonymous
13 January 2010 at 13:39
GIFT DEED CANCELLATION
My father has 5 daughters and 1 son (me). He worked as a J.T.O in BSNL. My father has registered a will in 16-09-1999. He had expired on 06-12-2004 when he is working in BSNL.
He has written property in Will to my family members as follows.
For 1st sister:
a) 55cents of wetland (self earned by my father).
For 4th and 5th sisters:
a) 5 cents of house site (came from my grand fathers)
b) 10.3/4th cents of house site, (self earned by my father)
c) 92 cents of wet land (came from my grand fathers),
d) Undivided 1/3rd share in 150 cents (My grand fathers property this land was not divided, my grand father has 3sons my father is elder one).
And remaining property (self earned by my father) in Will has written to me. At that time in 1999 iam a minor (14yrs) so he mentioned my mother as a guardian to me. Now iam 23yrs old.
Nothing has been written in Will to my 2nd and 3rd sisters. And as well as to my mother.
My mother is a housewife she will get fathers pension about Rs.13, 890 per month. My mother and me stay together. Iam unmarried and my profession is business.
1st, 4th and 5th sisters gifted their property to me in document with love and affection, for my better future and providing property to me as a fixed asset by executing two separate registered gift deeds dated 17-01-2009. (Actually we have a money deal only on oral not on paper which has been delivered to them). As of my knowledge in the registered gift deeds there is no any condition. And I think that these gifts are unconditional gifts.
Note: I have paid the tax for last 8 years at once and obtained receipt on my name from MRO office before gift deed registration dated: 09-01-2009. (Reason: As I went to obtain No passbook certicate for registration they said that you have tax pending for last 8 years if u pay that tax we will issue no pass book certicate on my sister’s name.)
After 123 days my sisters have cancelled gift deeds without bringing it to my notice by executing two separate gift cancellation deeds on 19-05-2009. My sisters have mentioned cause in cancellation deed as iam misusing the property and iam not having kind on them. (Actually they have demanded more money again after cancellation). I have not given any amount of money to my sisters.
After that my sisters have taken passbooks for the wetland from MRO office. I have known it after issuing passbooks to my sisters. I went to the MRO office and asked them is passbooks issued on my sisters name, VRO said that yes they have issued the passbooks and my sisters have paid tax for this year also.
I have kept a request letter to MRO on 09-11-2009 to mute my names in MRO records as the property has been gifted to me from my sisters and I attached Will of my father and gift deeds executed by my sisters. And I had send that request letter and Xerox copies of the documents to MRO through register post. I have received acknowledgement from him.
My questions:
1. Is Sub registrar officer (SRO) has right to cancel the conditional/unconditional gift that has registered on 17-01-2009?
If SRO has no right to cancel unconditional gift, on which clause we can take a legal action on him.
2. Is MRO has right to issue the passbooks to my sisters for the wetland on the reason that they have cancelled the gift deeds.
If he has no rights on which clause we can take a legal action on MRO.
3. If my sisters have been taken passbooks from MRO only on the basis of Will without mentioning the Registration of gift deed and Cancellation of gift deed is it is legal?
If it is not legal on which clause we can take a legal action on my sisters.
4. and my sisters are threatening and harassing me that if u don’t leave the property which my sisters has been gifted to me, we will file a suit against your property which has been written in will to you on the basis of equal share for ladies. Note: All of my sisters are married after 1985.
Note: But the property written to me in will is absolutely owned (from his earnings) by my father. I have link documents and registered documents of my property on my father’s name.
Is it is possible to my sisters to file a suit against my property on clause of equal share for ladies and to obtain exparty orders like injection?
5. Is there any chance to total of my 5 sisters to file a suit against my property (which is absolutely owned by my father from his earnings and written in will to me)?
6. Is my mother has a right to file a suit against my property?(If in case)
7. If i file a suit against my sisters that this gift deed cancellation is invalid, how much percentage of chance is there for winning? And how much time it takes generally case to be solved.
8. Actually I have to file a suit in Sub court on property value norm, is there any chance to file a suit directly in District court or in High court.
As iam attaching the registered gift deed document and cancellation gift deed document kindly say whether the gift is conditional or unconditional gift.
Iam in confusion and in mental tension due to these civil issues.
Iam seeking for experts advise kindly do needful… and I will move on yours advise.
AJITKUMAR N PARMAR
13 January 2010 at 13:27
Sir,
The following few lines are brought to your kind information.
(1) I am working in the organization of Development Commissioner for Handlooms (Enforcement Wing), Govt. of India, Ministry of Textiles, New Delhi. The main worked of this organization of implementation of Handlooms (Reservation of Articles for Production) Act’1985 / inspection of power loom and mill sector (weaving department).
(2) I have joined in this organization on 04.11.1996 as ‘LDC’ and posted at Regional O/o. Development Commissioner for Handlooms (Enforcement Wing), Ahmedabad. My educational qualification is SSC, HSC, B. Com and LL.B. In this organization the post of LDC is isolated. (Enclosed copy of sanction of the post of whole the organization for your ready reference).
(3) I had applied for the post of ‘Legal Assistant’ through proper channel
number of times (1,6,1999, 19.06.2000, 12.10.2000, 29.11.2001, 09.05.2002, 21.04.2006, 07.09.06, 13.11.2006, 14.03.2007, 27.03.2008 and 19.01.2009) but till date department not considered my case for the said post. The HQ replied me that you have not eligible for the post of Legal Assistant as per the RRs. I had submitted application to the HQ regarding which section of the RRs I am not eligible for the post of Legal Assistant, till date the HQ not reply me. The department advised me that you have applied for the post of legal assistant on advertisement to be published but after completed 5 years not received any advertisement/circulars for vacancy. I had applied for the post of legal assistant through proper channel as per vacancy circulars issued in 09.05.2002 but department not considered my case as department candidate / not implementing power for relaxation under section 6 of the Recruitment Rules GSR- 186 dtd. 15.05.2002 and not considered my case in DPC or not referred my case to Department Personal & Training, New Delhi (DOPT) for ad-hoc appointment till appointment of regular Legal Assistant. I am performing normal duty with additional duty of legal assistant / Technical Superintendent from 04.11.1996. I am fulfilled the requisite qualification as per the recruitment schedule of recruitment rules No. GSR 186 dtd. 15.05.2002 (copy enclosed) vide column 8 (i)(ii) and 13 (a) (i) (b), but other provision of schedule 13 a (ii) (iii) are not fulfill like 3 years service in the pay scale of Rs. 5000 –
Cont….. 2.
// 2 //
8000, 8 years services in the pay scale of Rs. 4500 – 7000 because not available of promotion channel / avenue in O/o. the D.C.H. (EW). The Post of Legal Assistant is vacant at Regional O/o. D.C.H. (EW), Ahmedabad since 1995 so the department utilized my (As a posses a legal qualification) additional duties / higher responsibilities duties from 04.11.1996 like….
(a) The duties of legal assistant are assisting authorized officer during inspection of power loom units once violation is notice then preparation of witness, panchamana, seizure memorandum for sample as well as looms at the time of inspection, obtaining proper acknowledgement for the sample seized, sealing of sample, loom, even photographs being taking at the time of inspection. Finally assisting authorized officer for the preparation of FIRs in the police station after completion of all the formalities. In addition to the above, I have prepared a case dairy in a narrative form in chronological order. I have monitoring all court cases at JMFC / High court till the case is settled. After the delivery of the judgment obtaining certified copy from the court. If the department challenges the judgment in upper court, necessary record, witnesses statement, panchanama had to be collected for appeal in the higher court. In the meantime assisting officer in charge for completing necessary formalities for obtaining legal opinion from the Legal Ministry (West Zone, Mumbai). After obtaining legal opinion the relevant papers had to be handed over to Govt. standing counsel for the preparation of draft. Then assisting the authorized officer for filling the appeal in the higher court under jurisdiction of this office (Gujarat, Maharastra & Dadra Nagar Haveli (UT)) I am assisting the officer In Charge for the preparation of papers pertaining to Executive committee meeting, Advisory committee meeting, review meeting and awareness programme conducted by the State Govt. of Gujarat / Maharashtra and Dadra Nagar Haveli (UT) in connection with Implementation of Handloom (Reservation of Articles for Production) Act’1985. After my joining this office won two cases with handsome amount of penalty i.e. Rs. 90,000=00 rupees Ninety thousand only against M/s. Bombay Dyeing Mfg. Co. Ltd, Bombay, Maharastra state and Rs. 1,28,000=00 rupees One lakh Twenty Eight thousand only against M/s. Kush Textiles, Vishnagar, Gujarat state in India in connection with implementation of Handlooms (RAP) Act’1985. Four JMFC judgment challenged to Hon’ble High Court under section 378 Cr PC. Five accused submitted application under section 451 Cr PC in JMFC for de-sealing power loom under pending trail are objected and crashed application of the accused by the JMFC. Only one case is not won in JMFC / Session / Hon’ble High Court due to technical parameters of the seized sample.
Cont…… 3.
// 3 //
(b) The post of Technical Superintendent is vacant in Regional O/o. D.C.H. (EW), Ahmedabad since June’2006. The undersigned also assisting authorized officers during inspection of power loom units by preparing inspection sheet, issuance of section 6 orders and collection of reports submitted by the units, preparation of monthly progress report from the date of joining 04.11.1996. During 1996 the strength of authorized officers was two but Technical Superintendent strength was one. So the undersigned share the higher responsibility of Legal Assistant and Technical Superintendent in additional to my normal LDC duties without disturbing day-to-day works.
(c) I have performed normal duties along with additional duties with others administrative post i.e. assistant, superintendent etc. I have performing all administrative, establishment and account works. (Prepare pay bills, contingent bills, TA & LTC bills, GPF advance & withdrawal bills, GPF account maintenance for Gr ‘D’ staffs. Maintenance of establishment files / account files / court cases files / technical files / administrative files / house keeping files. Filling of income tax / profession tax.) In addition preparation of progress reports, expenditure statements, budgetary, status of cases and reconciliation with PAO, Mumbai.
(d) After the implementation of Six Pay commission the scale of Rs. 5000 – 150 – 8000, Rs. 5500 – 175 – 9000 and Rs. 6500 – 200 –10500 are merge in new pay scale PB – 2 i.e. Rs. 9300 – 34800 + GP 4200, so as per recruitment rules of O/o. the D.C.H. (EW) vide No. GSR – 186 dtd. 15.05.2002 schedule 13 (a) (ii) (iii) may be revised. In this regard, the undersigned request to HQ to considered my case for appointment of Legal Assistant with implementing power for relaxation under section 6 of the Recruitment Rules GSR- 186 dtd. 15.05.2002 or to considered my case in DPC but till date the department not replied on my letters.
(4) As per the RRs of LDCs in O/o. D.C.H. (EW) may be promoted as Steno Gr. III after passing the steno examination and it may be change his seniority from LDC to steno grade (copy enclosed). This type of condition is not available in RRs of other offices. I had requested to my HQ regarding to create Promotion Avenue in number of times for better future of LDCs and its families. But till date the department not created promotion avenues.
Cont…. 4.
// 4 //
(5) I had applied number of times for deputation to our and other departments through proper channel for higher post and requested to issue a ‘No Objection Certificate’ for change of department for better future of my self and family. (i.e. 24.01.2002, 24.12.2002, 20.04.2006, 31.05.2007 and 07.08.2007) The department not forwarded my application to other department, but other LDCs working at HQ his application forwarded for deputation and issue a NOC for absorption in borrowing department. The department obtained different stand for same organization. There is no promotion avenue in O/o. the DCH (EW) and having a higher qualification so I had applied for issued a NOC for change of department for better future of family and myself, till date no any information of my NOC application. I have also forwarded other application for direct recruitment basis; I applied to HQ for issuance NOC for attaching application. The HQ replied to on my application that to apply for any post on direct recruitment basis through proper channel if required on case by case basis (letter dtd. 10.09.2007) On HQ assurance I have applied to the post of Assistant on direct recruitment basis on 09.12.2009 but the HQ returned my application with remarks shortage of staff in the office, your application can not be forwarded. (At present RODCH (EW), Ahmedabad only one LDC and One Regional Enforcement Officer/OIC, other post is Driver, Peon and Chowkidar) At present my age is 41 years after few years I am go aged bar and not applied for the other post.
(6) As per the recommendation of the 6th pay commission the Gr. ‘D’ post are converted in Gr. ‘C’ in the pay band Rs. 5200 – 20200 + GP 1800/- after training. The education qualification of Gr. ‘D’ is below matriculation. The LDCs scale is Rs. 5200 – 20200 + GP 1900/- the difference is Rs. 100/=. The benefit of higher qualification and performing higher responsibility works are zero.
(7) The general recruitment rule, 33.33 % post is fill up through promotion of the department employee but as per recruitment rules for “Legal Assistant” vide No. GSR – 186 dtd. 15.02.2002 of O/o. D.C.H. (EW) is not implemented because no feeder category available in the department. If Promotion Avenue is available the LDCs may be promotion as per RRs but future of LDCs in O/o. DCH (EW) are blocked.
(8) As I am performing additional / higher responsibilities duties along with my normal duties the department sanction as honorarium for Rs. 2500=00 for the year 2008 – 2009. I have applied to grant me honorarium from 04.11.1996. (i.e. date of appointment) After completion of one year the HQ not sanction honorarium from 04.11.1996 to till date.
Cont… 5.
// 6 //
You are, therefore kindly requested to look in to the above matter personally and necessary suggestion / guide me with relevant rules and copy of office memorandum on following points please.
(1) The department issue me a higher scale on higher responsibilities work.
(2) The department appoint me as a Legal Assistant on ad-hoc basis until regular appointment of Legal Assistant.
(3) The department sanction honorarium to me from 04.11.1996.
(4) The department not forwarded my application to other department is right on account of shortage of staff.
Your early action on the above said matter is highly solicited.
Thanking you,
Yours faithfully
Encl: copy of letters.
(AJIT N. PARMAR)
Amit
13 January 2010 at 13:25
Sir , My best friend get married two year ago, but behavior of his wife & her parents so bad with my friend from the first day. In Two years his wife stays with her parents more than one year now she is also with her parents from more than seven months. She has a son of three month. His wife not wants to live with my friends. His wife and her parents & brother in law say to my friend that they will file a case against my friend’s family U/S 498A for dowry. Can my friends and his family protected from a false case of 498A? Please advice
Suresh
13 January 2010 at 13:23
Respected Learned friends,
One of my friend, (Sri Lankan citizen) was arrested out of suspicion in the airport by the Q Branch Police for carrying gold. Later, he was acquitted and given clean chit also the seized gold and his passport were returned. He applied for the exit Visa at the Chennai FRO office in Shastri Bhawan on October. Even after lapse of three months, he received no reply from the Officials. In his repeated enquiries, he was informed that the file has been forwarded to Delhi Office and they haven’t received any further communication in this regard. He was compelled to go Delhi in order to move the file from the Table. Can he exercise the RTI to know the status of his exit visa?
Your kind opinion is much appreciated
Amit
13 January 2010 at 13:18
Sir , My best friend get married two year ago, but behavior of his wife & her parents so bad with my friend from the first day. In Two years his wife stays with her parents more than one year now she is also with her parents from more than seven months. She has a son of three month. His wife not wants to live with my friends. I say to my friend that they will file a case against my friend’s family U/S 498A for dowry. Can my friends and his family protected from a false case of 498A?.If my friends go for divorce on the bases of that his wife not lives with him more than seven months than what about the child custody. He is very tensed so Please advice soon
Anonymous
13 January 2010 at 12:56
wether having red sand boa is an offence
kotaruraghu
13 January 2010 at 12:53
advocate by profession, if becomes patent agent, can he practice regular court proceedings or he is confined to only patent issues only. requesting your valuable advise
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Appointment of Notary Public
A practicing lawyer for more than 10 years can apply for a Notary Public as per Notaries act of 1952 (subject to Rule 3)
My Questions:
1. Due to recent amendment to Notaries Act vide Letter No. 8366/Admn/2009 (Admin), 23rd Mar 2009 - Is there a change to the application form viz Form 1-Memorial 4(3)
2. Rule 4 - subrule(1) has changed to "(1) a person may make an application for appointment as a notary through the concerned District Judge or the Presiding Officer of the Court or Tribunal where he practices as Advocate, in the Form of memorial addressed to such officer or authority of the appropriate Goverment as that Government, by notification in the Official Gazette, desigate in this behalf"
Does this mean - we need to submit the application form to the District Judge? What do the words "in the Form of memorial addressed to such officer" mean - and is there a new memorial to take care of this?
3. Rule 7 - subrule(1) has changed to "the competent authority shall, after holding such inquiry.....make a report to the appropriate Government recommending that the application may be allowed to appear before the Interview Board"
a) Is there a format of the report that one can use..
b) Who is the appropriate Government here
I am assuming the competent authority in this case could be the District Judge.
Many thanks, if any one can answer this query quickly.. Thanks
Sreenivas
9000 988 369