ronak
13 January 2010 at 08:16
sir,
i want to know in any section of law by which these private college(Engineering,nursing,Be.D)etc. which are made by big builders and those who are just making money in reallity they are not imparting any education there.
How can we stop them.
What are my legal right so that i can stop them.
There are around 50 engineering colleges in my city are they really needed..
it is not the matter that these college are in quantity but what matters is quality of education they are imparting.
What they are doing is in the post of like lecturers which must have a qualification of degree as well as Experinced they are posting freshers so how can a student learn form them..
Is it not a cheat on them.
So i want to know by which article of constitution i can stop them and what legal documents i have to require while during the case.....if I
ABU FATEH
13 January 2010 at 07:14
Hi
I have some shares pledged against as security in my bank.The bank had earlier cancelled the lien mark.What the bank has is old share certificates.Those share certificates are no more valid. And I have the new share certificates.In this context is it legally correct/possible to sell my shares without the banks consent?
vijeta
13 January 2010 at 00:34
WHERE POLICE INVESTIGATES THE COMMISSION OF A COGNISABLE OFFENCE UPON THE INFORMATION OF CREDFIBLE THOUGH INFORMAL INTELLIGENCE THEN IN THAT CASE WHETHER SUCH INFO IS REDUCED TO WRITING ,AND THUS TREATED AS FIR OR NOT?
M.V.krishnarao
12 January 2010 at 22:57
Please clarify the status of the Asset in a DA case
Two gifts of thatched house comprising 90 Sq.yds each (side by side) was received from the paternal aunt (father’s sister)of the (AO) in two spells one in the year 1988 and another in the year 1989 by the father (AO) and his third son with life interest to the (father) AO and absolute interest to the (AO’s) third son being minor by the time the gift was executed. Rents though meager in amount were received by the father (though the father has right to enjoy the fruits during his life time) and the same were used for the welfare of the third son by father being Natural guardian.
In the year 1999 the father who worked under A.P State Govt. applied for house building advance of Rs.2/- lakhs and it was under process and pending without any endorsement till a case of DAwas booked by the ACB in the year September 2002. Charges were framed in the year 12/2006.
The father approached IOB Guntur for finance & sanction of loan for construction of house building and the Bank requested clarification on the gift deeds Dt.16-03-1988 and 08-05-1989 of the rights of the applicant to enjoy only fruits of the property during life time and where as the vested interest lies with the minor 3rd son.
The father of the minor approached the IV Additional District Judge, Guntur and the court in its order G.W.O.P.No.84/98 Dt.15-09-1999 permitted the petitioner to pledge or mortgage by way of deposit of title deeds with any financial institution or Bank for securing loan for construction of a house in the schedule property under section 8 of the Hindu Minority and Guardianship Act.
The IOB Guntur sanctioned a loan and advanced Rs.400000/- basing on the order of the court of the IV.Addl.Judge, Guntur. Construction was started in the month of May2001 and completed in the month of March 2002.
The Minor 3rd son attains majority and become Major on 03-03-2003
A ride was conducted on 21-09-2002 and a DA case was booked and charge sheet filed in the spl court for SPE & ACB cased Vijayawada on 18-12-2006. The case is now on trial.
The prosecution in addition to other charges framed charges on the three items on which a clarity is requested as detailed below.
1) Possession of vacant site of 90 Sq.yds.
in 12th line, Arundel pet, Guntur, in the name of Ao 18,000-00
2) Possession of vacant site of 90 Sq.yds.
in 12th line, Arundel pet, Guntur, in the name of Ao 18,000-00
3) Possession of double storied building at
14th line, Arundel pet, Guntur in the name of Ao 10,94,000-00
(A double storied building was constructed in item.1 & 2 above)
Please clarify with case laws if available how the above 1and 2 items registered gift deeds received from the paternal Aunt with (limited) life interest rights to the father and absolute rights vested with minor 3rd son was attributed to the father (AO) and in his possession by the prosecution.
If the gifts are not attributable to the father (AO) then the expenditure incurred for cost of construction by pledging title deeds to the Bank and from other sources may also be not attributable to the AO Am I correct or not?
Please furnish legal position in view of PC Act.
My opinion is that these items which are received as gifts with (limited) life interest to the father and absolute interest vested with his 3rd son could not be attributable to the AO and not comes under Assets and further construction of a two storied building in the gifted items 1 and 2 of the schedule property after obtaining loan from the IOB, Guntur and by raising funds by receiving sale proceeds of ancestral properties and pledging gold articles of AO’s wife and by receiving loan from father and a doctor friend and from rent advance from the tenant of the same building during check period. All these funds and finances are legal and having supported by documentary evidence and not acquired from the resources of the Govt.Servant were also not attributable to the AO in view of the following two paragraphs.
A Government servant is not required to give notice to the prescribed authority or seek
prior permission from the prescribed authority for acquisition or disposal of immovable properties by the members of his family, if the immovable property in question is not acquired from the resources of the Government servant concerned.
“A public servant charged for having disproportionate assets in his possession for which he cannot satisfactorily account cannot be convicted of an offence under S.13 (2) read with S.13 (1) (e) of the Act unless the prosecution disproves all possible sources of income.”
Please comment
Your valuable reply together with case laws is highly appreciated.
With reqards.
Anonymous
12 January 2010 at 22:43
Some complainants made some frivolous charges against my coleague with the connivance of some higher officials. The department recorded the statements of complainants only and the complainants named a witness to the incident. No statement of the witness was recorded at the time of premilinary enquiry. The statement of the witness was recorded after two years and he denied to the happening of incident in front of him. The witness expired after one year. The department chargesheeted my coleague after 5 years of happening of so called incident and made only the complainants as witness and the statement of the witness has not been relied.
My questio is "can the complainant be witness?
Rima
12 January 2010 at 22:17
Ld. Magistrate dismissed the S.125 CrPC application on the ground that the petitioner failed to prove marriage.
The petitioner filed Criminal Rivision in High Court (Cal).
Honble High Court issued Rule calling upon the State and O.P no.1 and to show cause "why the order should not be set aside".
Please tell me how to file an opposition. That is in this case whether AFFIDAVIT or OPPOSITION is to be filed?
What should be the Heading?
"AFFIDAVIT SHOWING CAUSE BY THE OP NO.1"
OR
"OPPOSITION SHOWING CAUSE BY THE OP NO.1"
Seniors please guide..
MANOR
12 January 2010 at 22:13
Dear Members,
One Mr. A has inherited all the assets of his parents after their death. All these assets, which
includes a immovable property too, were purchased by his parents out of their own earnings. In
absence of any Will & family being a Hindu family and he being the only child to his parents
(no siblings), he becomes UNDISPUTED LEGAL HEIR to ALL the ASSETS of his parents
(as per Hindu Succession Act / Class-1category of legal heirs).
Am I right, gentlemen -??-
If yes, then my question is - How can he PROVE his TITLE to the immovable property he has inherited -??.
Normally,any person in whose name the deed stands, can prove his title to that property by being in
physical possession of orignal registered deed AND his personal ID. No more documents are needed.
Since Mr. A is in possession of the regd. deed (standing in his parents name), and two death certificates,
what else he should have to prove his title under the facts mentioned above -??- The missing link is the
relationship proof. What could be an effective / simple / economical & LEGALLY ACCEPTABLE docoment
to prove the relationship -??.
NOTE that he is at NATURAL ADVNTAGE, being the only child, documents being in his possession &
the property - urban /residential - (being elsewhere) is being looked after / managed by his trusted people
in that city.
I had posted this question in a 'short' form (on 01-01-2010, under subject "Title Proof") & have received 3
replies since then. From thoes replies I felt that I have not asked my question in clear manner. Hence
I am re-submitting the same question in 'expanded' form and with all the info I have about it. My thanks to
three experts who replied. Mr Rajeev S. Vadrali has asked a clarification about "natural facts". What I
meant was "natural advantage" as mentioned above.
May I now request Mr.R.S Vadrali / Mr.K.Ahmed & Mr R.K.Makkad to review the query & give their valuble
suggestion. AND of course, any body else want to add their suggestions, I will be glad.
Thanks & regards to all - -
By the way, being part of 50k STRONG (& growing) makes me feel proud.
My Hearty Congratulations to the FOUNDER MEMBERS of LCI.
> 21:05:36 / Tuesday, 12 January, 2010 <
Anonymous
12 January 2010 at 22:12
The contents of FIR “ main apne motor cycle per dukan band karke ghar jar aha tha to kareeb rat 8.50 pm ek van mod per khare thi jisme se driver ne mujhe rukne ka eshara kiya .van se teen ladke utre or mujhe marne lage jisme se ek rinku kumar ne chaku se mere sir per bar kiya or dusra manit kumar ne dande se mere baju per bar kiya maine chillaya or shoor machaya etne main mere chacha aa gaye or boo log jate –jate mujhe jan se marne ke dhamke de gaye .Rinku kumar se din ko mere kuch- kaha sune hue thy kyonki rinku kumar ne din ko apne van mere dukan ke samne khare ke thy jis per maine ese van bahan se hatane bar kaha-sune hue thy jiska badla rinku kumar ne mujh per jan leba hamla kiya.” Police has registered a criminal case against two person Rinku Kumar and Manit Kumar u/s 307,341,323,506 and 34 IPC, but there is nothing regarding the third person in all investigation in this case .And as per MLC report of the Doctor there are five injuries on the body of the complainant, injuries nos.2, 3, 4 and 5 are simple in nature but the injury no.1 is grievous in nature i.e. “Swelling present in the left forearm, present about 1cm above the left wrist joint 4”+4”cm tenderness and reddish discoloration of under lung skin, active and passive movements round left wrist joint restricted”. At this case is fixed for C.O.C.Kindly referred the arguable points, latest case law and judgments whether it amounts to u/s 307 IPC or not. Is it covered u/s 326 IPC.
SATYANARAYANA K
12 January 2010 at 21:50
Respected sir,
"X" & "Y" both are females was travelled on moped both having LLR License only from Transport Authority, and also having Insurance to the crime vehicle "Z" came suddenly confused the X & Y due to confused dashes Z. Z have serious injury both legs fractured, my query is 1. Is "Z" get insurance claim from the insurance company, X & Y both have LLR License only. 2. how much compensation should be passed by the court.
If any case please give me, i am waiting for your valuable suggestions.
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Moot Courts
Dear All,
I am in Third year Law and my Moot courts presentation is Scheduled this saturday. please help me as to what points i can highlight. Relevent sections and case laws. Some brief facts of the case are as follows.
State v/s Nitish Kumar.
I have to speak from Nitish Kumar side.
Shahshibala was married to Nitish Kumar on March 1, 99. She was given the usual gifts like gold ornaments in marriage. A year later she gave birth to a male child. on june 8, 2000 shashibala requested her father to give Rs. 10000 and her father gave the said amount. on august 10, 2000 he recieved a telegram stating that sashibala was dead.
The following points were held to be proved:
1. The deceased and her husband lived alone
2. the death took place in bedroom
3. the husband absconded soon after her death.
4. the doctor deposed that sashibala dies of constriction (pressure) as a result of constriction and 85% burn post - mortem injuries were found all over the body body except feet. it was the case of the prosecution that the accused Nitish Kumar strangulated the deceased and in order to destroy the evidence set fire to the body by pouring kerosene over the body.
The defence took the plea that it was a case of sucide.
The seddions court convited the accused under section 302 and 201 for life imprisionment and one year resp.
the high court on appeal acquitted the accused accepting the defence of sucide.
The state has preferred an appeal on the following grounds:
the HC has erred in interpreting the evidence of the doctor.
the HC has erred in holding that in a case of circumstantial evidence, motive bears an important significance.
The Case is posted for hearing before the Supreme court.
Thanks in advance.