Dr Sangh Mittra
26 May 2015 at 06:36
In Land Acquisition of my small parcel of Land in Haryana the Sections 4& 6 Notification were on 26.09.2007 and 25.09.2008.
The Award was passed on 24.09.2010.
No copy of the award was communicated to me till date.
I kept representing requesting for release of land. Got assuring replies.
On 02.06.2014 I was told during my personal visit to Govt office that my case had been rejected on 01.03.2013
If I file the Writ Petition will it be within permissible period- not barred by limitation?
Regards,
Dr Roshni Justin
drroshnijustin@gmail.com
neeru
26 May 2015 at 05:38
Respected Sirs,
I had earlier posted a query. Only comment i got was that it was "too long a query"
In short I am furnishing a link to the judgement passed while dismissing my writ. The major issues are as under:
http://lobis.nic.in/dhc/VJM/judgement/12-05-2015/VJM07052015CW52082008.pdf
Para 6 of the judgement
The charge sheet was modified at the instance of Inquiry officer appointed by CVC. Since there was no charge of corruption, CVC did not have jurisdiction to inquire into. However, by inducting the word misconduct at the instance of IO. My point is that IO had no authority to direct the bank for modifing the Charge sheet. Secondly, he mentioned in his order that a seperate letter was being written was behind my back. That letter was never shown to me.
Para 10 onward
Bank sought CVC advice. It is wrong to say that I have argued that there is no provision in CVC (perhaps it is SIDBI, my organisation) regulation to seek advice. There is provision that in case of charges of corruption, Bank will consult CVC. However there was no charge of corruption therefore bank was wrong in consulting CVC.
Besides, several other major and important issues are not discussed in the judgement.
These are as under:
I was only advised through a letter about the punishment and it was implemented. No order of the DA was given.
Neither first stage nor second stage advice of CVC was shared with me Bank has categorily said in its reply that i had no right to get the copy of cvc advice. Further, it has stated that 'although the Bank has pleaded for leniency in the matter', which imply that they were compelled to impose the punishment on me.
Since i had appeared in person and presented my case i had submitted written arguments with so many case laws, particularly, D C Sharma v/s state bank of india and nagraj karjagi V/s syndicate bank.Besides, the cvc guidelines on providing first and second stage advice.
There so many other issues which i will not mention here. the major issues have been discussed above.
Respected sirs, I seek your advice.
ayrus
25 May 2015 at 23:28
Hi,
Bank has taken 4 Original documents while sanctioning loan to me
· Sale Deed
· Agreement
· Agreement to sale
· Encumbrance Certificate.
Same is acknowledge by bank by providing list of documents twice held by bank.
Now after paying full loan amount they are saying they don't have Original documents for 'Agreement' and ' Agreement to sale' and when I requested them, they replied like this
"As explained, you have been demanding to return the two original documents alleged to have been deposited with the Bank i.e., Unregistered Agreement and Unregistered Agreement to sale. This is owing to the reason that the Bank had, due to inadvertent clerical error, acknowledged receipt of documents.
We humbly submit that the acknowledgement provided by the Bank on October 25, 2010 and July 28, 2011 were erroneous. To corroborate the said fact, we submit that the list of documents mentioned in the said letters bear a mention about two documents, which are in no manner connected to your property. For the sake of clarity, the copies of the said unregistered documents bear no mention in the list of documents provided by the Bank on the dates mentioned in our above stated acknowledgement letters. Hence, due to the said reason, the alleged originals of the said unregistered documents were never received by the Bank. Hence, the return of such non-existent documents is not feasible, and is beyond the control of Bank.
We have engaged with you extensively and have clarified the aforementioned position. We have also tendered an apology for the typo/clerical error. Further, as a matter of abundant caution, the Bank has also sought legal opinion on loss of the aforementioned two documents. Through the opinion received from our legal counsel, we have ascertained that the unregistered documents would have no bearing on the title of the property and does not in any way affect the title or valuation of the property.
We believe that the Bank has been extremely transparent in explaining its position to you. Given that the inadvertent typo/clerical error has no material impact to you or to the title or valuation of the property, "
What should I do? can I file a case against bank for not returning all original documents? I have proof when they asked for all originals and acknowledgement for list of original documents. But now they are saying it is unregistered and it will not impact on title or valuation of the property. But if they have taken the originals then they should return also else compensate if they have lost it. Can I ask for compensation? if they don't agree then can I file a case for not returning original documents?
Dr Sangh Mittra
25 May 2015 at 23:09
The Section 4& 6 Notification were on 26.09.2007 and 25.09.2008.
The Award was passed on 24.09.2010.
I kept representing requesting for release of land. Got assuring replies.
On 02.06.2014 I was told during my personal visit to Govt office that my case had been rejected on 01.03.2013 .
Is filing Writ Petition within permissible period?
Regards,
Dr Roshni Justin
drroshnijustin@gmail.com
shreeshreeshreeshree
25 May 2015 at 23:04
Boy & Girl did registered marriage under Special Marriage Act, in January 2014. Since the date of marriage and till now, the Girl is not staying at the boy's home and use to just go at his house in the morning and come back at her parent's house at night.
Whenever the Boy asked for consummation of marriage to the girl, she did not allow to consummate the marriage. He tried his best to save his marriage but it was all in vain. This continued for 3 to 4 months. At last, the girl said she didn't want to continue with the marriage as she had no feelings for the boy.
After 6 months, the boy finally had to file for nullity of marriage in June 2014. The boy has appealed under section 25 (1) , where it states-> Non-consummation of marriage. Both parties are ready for Nullity, as Marriage will be annulled and not divorced.
1) In this(above case) case will I get in Nullity only?
2) Or, can the judge (magistrate) convert this case into Mutual Consent?
3) And if he converts into mutual consent, then I would want the judgement references of Supreme Court & High Court & any other Court, So that, I can use this reference in Court, in favor of Nullity u/s 25 (1), non-consummation of marriage.
I want judgement references or links of Supreme and High Court or any other court. And any book references on Nullity judgements u/s 25 (1) , non- consummation of marriage. Also your answers are Important.
Waiting for your answers. Thank You.
prasanta
25 May 2015 at 22:50
I have done registry marriage on last year. But my parent does not know about it. Even they agree with our love relationship.
I want to keep the secret about my previous registry marriage. I want to re-registry again with my wife during social marriage.
Can it be possible to hide the first registry information during 2nd time registry.
vandana bhandar
25 May 2015 at 22:19
Name of my uncle deleted from property assessment tax record without following due process of law. I complained in detail to the bmc commissioner. I am getting irrelevant reply that to resolve my issue of transferring of property i have to file latest PR Card. My issue is not related to transfer of property but to get reinstated name of my uncle that which was wrongly deleted.
rimi
25 May 2015 at 22:00
i would like to ask if husbands company hides a huge bonus amount like 3-4 lakhs every year in their salary slip and itr. how can wife get it proved in court that he does get that bonus amount?
the problem is i am working too but all my salary is accounted in itr but major chunk of his around 40% of my husband is given as black money , not shown in itr . that makes my monthly income higher than his.
is there any use of me filing maintainance from him as advised again by my lawyer?
will my child get maintainance even if i supposedly earn more than him?
he even doesnt make fds, ppf etc, but goes for commities running in 3-4 lakhss a year. that money i cant show , can i? please help?
i read here the amount of maintainance is just 2000-3000. is it true? when i am spending close to 25000 monthly on my child and my husband earns 70000/- per month and i 40000/-
vandana bhandar
25 May 2015 at 21:53
We have open plot land with a temple structure therein. The plot is in mumbai suburban. It comes under BMc i.e MCGM. The structure property is assessed since 1960 by Bmc. There are two columns in assessment demand notice. One is billing name/ party name other is assess name. Since 1960 billing name was shri gangaram devji bhandar till 2005. In the year 2005 name is changed as" shri krusangli akurli mata devasthan samiti". The change in party name/billing name was made without notice to shri gangaram devji bhandar or members of his family. The krusangli akurli mata devasthan samiti is not registered trust
The said krusangli mata is our family deity. The land record I.e.7/12 extract is in the name of "krusangli deviche Malaki hakka vahivatdar gangaram devji bhandar". The said 7/12 extract record is made on the basis of inquiry conducted by land revenue department in the year 1950. On basis of the 7/12 extract record Bmc record for property assessment tax was created in the year 1960. The name shri gangaram devji bhandar was entered as billing name/ part name in the property assessment tax record. The 7/12 extract is even today in the same name.
The temple is in kandivali. We stay at mumbai centre area so it was not possible for shri gangaram devji bhandar who was my uncle and Mr dattatraya devji bhandar my father to look after the daily pooja of the deity. So my father thought of taking help of some local residents of kandivali
to perform day to day pooja of the deity. He formed with them the committee called "shri krusangli akurli mata devasthan samiti". After some days the said local residents started harassment of my father by threats. They started preventing my father Mr . dattatraya devji bhandar from entering the temple. After that they applied to the charity. Commissioner to register the temple as public trust property. The said application was filed in 1978 and was rejected in the year 2003 on the ground that the applicant had no title right or authority to register the trust. My father was the contesting / opposition party to the said application. As of now the said
"Shri krusangli akurli mata devasthan samiti" is not public trust but still they operate there and have managed to delete the name of shri gangaram devji bhandar deleted from the Bmc record and got entered the name "shri krusangli akurli mata "in his place. Now I ms vandana bhandar on 21/2/2015 lodged complaint to the municipal commissioner to point out the fact that shri gangaram devji bhandar name was deleted without following due process of law. I prayed to reinstate the said name as our family has not sold the temple structure to anybody. Even today 7/12 extract is in the same as was in the year 1960.
To the said complaint I got reply on 19/5/2015 directing me to submit latest PR Card to resolve my issue of transferring of property. The said reply is irrelevant as my complaint is not regarding transfer of property after new entry in PR card but my complaint is of reinstating of the billing name/ party name of shri gangaram devji bhandar that was unlawfully deleted since 2005.my complaint was very detailed and there was no room for confusion. But still the Bmc of is ignoring my issue and giving me wrong reply. I am trying to see the municipal commission er personally but not getting appointment. Please guide what to do
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