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d   09 February 2009 at 21:27

article 21

can i challenge the constitutional validity of the dowry prohibition act on the basis of art 21 since it is curtailing my fundamental right of personal liberty

Anonymous   09 February 2009 at 20:01

civil matter help

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SIR,

PLEASE SUGEST ME ON THE MATTER MENTIONED BELOW.
DETAILS YEAR WISE HAPPENINGS-

>.
YR. 1966,our seller who sold the property to us ,purchased the property.
>Yr 1978,seller took I.T permission and Ceiling Permission from
Land Revenue Dept from I.T dept of Jodhpur and Raipur,where
both joint owners very staying at time of Registry,for
selling the property to us.

> YR.1979 seller sold the property in 2 parts through POA and
given us their possession and their original documents.
> Yr.1979, we received notices from I.T dept for undervaluing
the property in Registry.
> Yr.1980 we transferred both property in Muncipal Dept,
Electricity Dept and got Industrial License for Saw Mill in
a Plot.
> Yr.1985 we got muted one property in our name in land revenue
records.
> Yr. 1991 S.B.I made party in a case for keeping our property
mortgaged and taking personal guarantee against loan.(for
property muted in our name in yr 1985)

> Yr.2003 we submitted our both registries in a civil case
against the present POA of seller.
>Yr. 2005 we lost a registry with original and only copy of
Seller POA copy received by us at time of Registry.we filed
complaint in local police station and given advertisement in
Newspapers for lost.
> In march 2005 we muted second property in our name ,in which
we are staying from the time of registry .
>IN nov. 2005 seller got our mutation cancel order but they got
order in name of only 5 joint owners,whereas we got muted in
6 joint owners.They got cancellation order without making us
party in really.
we challenged the above order immediate in dec.
>IN 2005,stating that they never served us any notices and not
got order against all the names in whose name mutation was
there.
> Yr 2006 we won the case against S.B.I, in DRT,JABALPUR .
> YR 2006 we filed case civil suit for title deed ,and for
status quo as we got threat from mafias for leaving the
property.
> seller,became EX-party as they not responded to all the
Registerd notices and paper advertisement published at their
place of stay,given by the court.
> YR 2007,seller appeared in the case and given power of just
1/4 area to their Relative who stay very near to us,in our
city,and became party in the case.
> Yr 2008 POA holder refused the Registry of 1979 and stated
that they never gave POA to anybody for Executing Registry.
Here he is telling,Pleading about whole property whereas he was
given power of approx 1/4 of the property which we are
claiming.
Yr 2009 case is still going on in Land Revenue Court and Civil Court,where we filed the case against them.


DETAIL HAPPENING AND REQUEST.
> Respected Sir/Madam,
>
> > we purchased 2 properties in 1979 . In registration of
documents ,attached documents were
,<1>permission for
sale of properties from land ceiling dept,<2>
incometax dept. permission for sale of
properties,,<3>map of property.The registration
was
done by the power of attorney holder,whose power of
attorney copy was not required to be attached in
Registry,
that time.It was Registrar who use to confirm the
authority,
of P.A holder .Out of two properties one was of small
factory shed with open plot,for it- we got our name
transferred in Land Revenue Records in 1985,but other
property was a Residental building,in which we are
stay

Rajaram C Iyer   09 February 2009 at 19:44

Court Handbook - Civil & Criminal courts in Chennai, TN

Dear Ld Friends of TN,

May I have the detials of Civil and Criminal Courts in Chennai. In Delhi we have the Court Handbook which gives a brief discription about the number of courts, jurisdiction pecuniary as well, fees for Injunction,HMA cases etc. This is available in the court web site.
If anybody can provide me a soft copy, I would be highly grateful.Also let me know whether any book is available, if so, where?
Thanks and regards

C. Rajaram

kanwar Lal   09 February 2009 at 19:01

change of name

a person is in govt service now he want to change his name. his name in official record is ravi kumar now he want to attache his sir name sharma. is it possible if yes what's the procedure?. if there is any legal provison plz explain.

kanwar Lal   09 February 2009 at 18:53

negotiable insturment act

Complaint u/s 138 is pending against the accused.court declared po to the accused. now can complainant go for attachement of movable property of the accused? if yes under which provision.can we attache movable property or not.

d   09 February 2009 at 18:12

dowry prohibition act

i have a moot prob regarding dowry act in which 5 lakhs was paid to the husband before marriage even when he had not demanded it. after 4 months of marriage when he wanted a divorce the wife filed a false dowry f.i.r that the husband and his family are demanding and pressurizing her for dowry.
he formed a SAVE INDIAN FAMILIES ASSOCIATION (SIFA) And filed a writ petition on its behalf challenging the constitutional validity of the dowry prohibition act.
can he do so and from where do i find the locus standi of the association

rooman   09 February 2009 at 17:04

how to start company rules & regulation for online pc repair

hi,iam going to start a small company that is online pc repair only in karnataka, i will accept credits through credit card online
please tell me A to Z rules & regulations......

vinod satpute   09 February 2009 at 16:12

NATIONAL MOOT PROBLEM

Human Rights International v. Union of India

The erstwhile territory of ’British India’ was divided, and under the provisions of the Indian Independence Act, 1947, passed by the British Parliament, India and Pakistan were established. The said Act, under Section 7 (1) (b), also terminated the treaties or agreements ending British Paramountcy over the Native Indian States namely Kashmir, Mysore, Hyderabad, etc.


In pursuance of the end of British Paramountcy, the Maharaja of Kashmir acceded to India; Pakistan, however, contested the accession. The resulting hostility between the two nations led predictably to the wars of 1948, 1965, and 1971. In a bid to resolve issues peacefully, the Shimla Accord of 1972 was signed.


Subsequently, terrorists started attacking India and during the last two decades, about 20,000 people were killed and large numbers were injured. The arrest of a number of these terrorists and other information collected by the intelligence agencies indicated that these terrorists were trained in Pakistan. India protested against such trainings and requested Pakistan, through diplomatic channels, to deal with the perpetrators of the crime. However, terrorist activities remained unabated. The most dastardly was the terrorist strike on November X, 2008 in Mumbai which killed more than 200 people and maimed and injured several others.


Responding to the huge public out cry and detailed coverage in the media, the Indian Parliament debated the matter extensively. The US response to 9/11 incident was considered. It was finally decided to pass the Trial of Cross-Border Terrorists Act, 2008 [Act no X of 2008].


Section 2 declared ‘cross-border terrorist acts’ as ‘acts of war’ and such a terrorist, as an ‘enemy alien’. Section 3 defined a ‘cross-border terrorist’ as a person coming from Pakistan who commits an act of terrorism killing or injuring persons intentionally. Section 4 provided for the appointment of an ‘Investigating Officer’. Section 5 enumerated the powers of the investigating officer, which, inter alia included detention of suspected cross-border terrorists in their custody or camp till the end of their trial. Section 6 made confessions as admissible evidence. Section 7 placed the onus of proving his innocence on the accused cross-border terrorist. Section 8 provided for the establishment of a Special Security Tribunal headed by the Judge Advocate General to try the accused cross-border terrorist. Section 9 permitted legal representation for the accused cross border terrorist. Section 10 mandated full opportunity to the accused cross border terrorist to defend his innocence. Section 11 mandated the holding of proceedings in camera and completion of the trial within 3 months from the date of framing of charges or transfer. Section 12 prescribed minimum punishments which included life sentence. Section 13 barred the jurisdiction of the Supreme Court or any other Court against the conviction or sentence passed by the Special Security Tribunal. Section 12 mandated that the orders of the Tribunal be made public. Section 14 required transfer of all pending cases relating to the cross-border terrorists to the Special Security Tribunal. Sec.15 empowered the Central Government to make rules regulating the procedure of trial and incidental matters.


The Human Rights International headed by an Indian challenged the constitutional validity of the Act of 2008 under Article 32 of the Constitution before the Supreme Court. The division bench of the Court issued notice and referred the matter to the Constitution Bench to decide the question as to whether the Trial of the Cross Border Terrorists Act, 2008 is constitutionally valid.

WHAT ARE THE LAWS APPLICABLE TO THIS CASE AND HOW SHOULD I START WORKING FOR THIS CASE.

A. A. JOSE   09 February 2009 at 15:53

OFFENCE OF THEFT OF ELECTRICITY.

Dear Sirs,

For the first time in our country, the Electricity Act 2003 has provided for a provision under its section 153 for the constitution of Special Courts for trial of offences referred to in different section of the Act. The said special Courts are empowered with the power to determine the civil liability also under subsection 5 of Sectionb 154 of the Electricity Act and by virtue of the provisions of section 155 of the Act, such special courts hav power of Court of Session.

As per the provisions under section 145 of the Electricity Act 2003, the jurisdiction of civil courts have also been barred in respect of certain matters stipulated therein.Section 135 of the Act deals with the theft of electricity while section 126 deals with unauathorised use of electricity. There is a specific provision under section 127 of the Act for appeal againist the decision of assessing officer made under section 126 whereas for theft of electricity, the remedy lies to the Special Courts created under section 153.



Now my question is, whether considering the aftersaid provisions it can be concluded that no other courts/forum other than the Special Court has jurisdiction for trial of offences and other related matters including determination of civil liability for theft of electricity or not. Further, whether the consumer courts are competent to interfere in the case of proceedings for theft or unautherised use electricity cases initiated by the Electricity Companies or not.

Further, considering the fact that specific appellate forum has been provided for unauthorised use of electricity cases, whether it would be tenable for the consumer forum to interfere with such cases or not.

Sorry for the lengthy question, but the issues are of vital importance to all persons and therefore, may I request the experts to throw more lights with legal authorities please.

ram   09 February 2009 at 15:35

Un Regd Will Procicure such property

Respected Sir
what points taken in to consideration while purchased un regd will property. with best of my knowledge the un regd will is also legally valied. Pl give property suggession thank Q