santosh
09 February 2015 at 10:34
A customers has approached for Bank finance for setting a rice mill in west Bengal. they have purchased 167 decimal agriculture land vide a single deed in the name of company for setting up rice mill.
only 137 decimal land has been converted and mutated for rice mill in the name of company. Rest of land 30 decimal is the part of road and has not been allowed for conversion.
As such in a single deed has some agriculture part.
Now in West Bengal, whether we can create equitable mortgage by deposit of aforesaid title deed.
if yes, whether SARFAESI Act can be initiated in case of NPA because in a single deed has some part of agriculture land.
ramchandra
09 February 2015 at 09:38
can gift deed be cancelled by the consent of both parties in that case can they apply for refund of stamp duty and registration fee. A sister executed gift deed and gave a flat to another sister. The gift deed is already registered with sub register paying stamp duty and registration charges.i will be great ful if expert answer my question. Both are staying in Thane and state Maharashtra
riyaz
09 February 2015 at 08:34
Hello,
I have completed my passport verification for my passport renewal at my police station. I had submitted my pan, voters and board certificate as my dob of birth verification along with my passport photo copy.
I have incorrect dob on pan as 1984 and on voters card as 1979. On passport and board certificate my dob is correct 1981. Will there be any problem for my passport renewal? I have given an application for the dob of birth correction on all my docs.
My question is will there be any problem towards the renewal of my passport?
Awaiting a reply.
Thanks
B.K.Hedaoo
09 February 2015 at 07:42
There are hundreds of certificates. As per sec. 79 of Indian Evidence Act a certificate issued by a competent authority after following due procedure is to be treated to be genuine even by the courts.
Is it not violation of Art. 261?
However, most of the certificates are false or spurious. My questions are,
(1) Can there be a statute for verification of each and every certificate?
(2) If yes, which aspects of the certificate should be verified?
By whom it should be verified?
Can there be a committee to verify the certificates?
The decisions of the courts are also a sort of certificates.
A certificate issued by the High court under Art. 133 and 134 has the implied meaning that the high court is fully aware that a decision passed by itself is erroneous. Then why the High Court should pass that decision?
Is it not taxing the litigants?
Daniel
09 February 2015 at 05:03
Hi all
I got married on 9 april 2014 as per Christian customs in a csi church. It was a arranged marriage and the girl was a distant relative to me. On the first night the girl avoided the intercourse on the pretext that she was having her periods. When the second nite i tried approaching her she again told me that it was her second day. Like this 8 days passed on the same lie. Her behaviour was normal with me. Then on the 9th day i asked her if what was the problem and why was she avoiding it for which she told me that as per the family tree i was related to her as a cousin brother which was informed to her by one of her relative few days before the marriage and she was feeling uncomfortable for that. For which i asked her as why didnt u tell this before marriage for which she said that her parents stopped her from telling it to me. So even i told her since we are not directly related through blood it was ok but she was not convinced.
Then after few days she agreed for intercourse that too after 4 hours of convincing and begging. That was the only day we had sex. And after that she started iltreating me by fighting for small issues and eventually she wud not make food for me and asked me to eat out saying "before marriage u wer eating only". Then she started insisting me to stop talking to my parents n kept insisted that i shud desert them and threatened me that she will go back to her parents house if i dont listen to her. Then she started torturing me to send her to chennai as she wanted to live wid her parents and asked me to visit her on weekends and continue. n was insisting me to come to chennai as well and live in her family home. Before marriage itself we told them that my job is non transferable and only the girl have to get transfrrd as she was wrkg in it company for which they agreed. When i said that i cant send her then she and her parents started threatening me that they will file a police complaint on me on domestic violence and section 498a and insisted me to send their daughter to their home saying since i have lived alone as bachelor before marriage and askd me to continue like that or to quit my job and live in their house.
When i didnt agree to it then on 14 may 2014 the girl threatened me that she will commit suicide if i dont let her go to her house and told me that she dont want to live me at all. Fearing whuch i left her in her paternal home.
Then on 11june she filed a false police complaint on me n my parents alleging dowry harrasment and other things and askd me to return all the things her parents baught for us which i did. After that she threw the mangasutra on my face and walkd off with her family.
Now i would like to know can i file divoce on grounds on psychological impotency of the grl meaning she will be able to cohabate and have sexual relation wid aother man but not me as in her mind i have been fixed as a brother??? Or shall i file it on mental cruelty suffered by me? Please advice
tagoretiwari
09 February 2015 at 04:41
Hello experts
One fellow was filed a case against me
with the help of forged signature and non existent agreemnt of sale. the plaintiff evidence is not forthcoming and the court is adjourning from time to time. on an observation of e court dist. portal, i observe that it is showing memo filed and amount paid. i intend to know what remedy is available to me to get the case dismissed. i know very well he do not have any evidence. he approached with unclean hands to take money from me. i am working as a senior banker and i could not meet my adv. frequently. taking advange ofl the situation, the case has been adjourned from time to time. my lawyer is senior advocate, i am not in a position to bring external pressure on him. at this junctture, i dediced once again to request him to move an appplication to the court for closure of plaintiff evidence. is there any other method is there. under what civil procedure rules permit the court to postopone the case from time to time i.e. every 15 days. is it inherent powers of the court or the inefficiency of my advocate. how can i act under this cirrcumstances. is there any provision to file an application to the court before hearing date by me or i will request the advocate once again. what is the code of conduct applicable to lawyers. whether i can go for writ of mandamus if any fault lies with judge.
pl provide me a valuable solution for this problem. i wanted to dispose the land to somebody, who is ready to take by paying substantial amount as advance. his unwanted suit is comning in the way of my discharrgingower ship rights.
pl clarify sir
Nick
09 February 2015 at 01:03
We have IPC 498a/304B case pending in lower court for last 5 years. My father was a primary school teacher in West Bengal and he was suspended from the date he arrested. My-self, son is the prime accused in the case. One month back my father retired from the service.School authority not giving the retirement benefit to my father.School authority said they will provide the only PF amount now and gratuity,pension and commutation will be provided only after the final judgement of the case.I would like to mention here school authority has given the 75% of salary to my father till retirement.
However I father applied for accommodating the retirement benefit to school authority after the retirement and in reply to application they have issued a later saying "However in terms of G.O No.888/ES/O/PEN/IM-2/2011 Dt.-15/07/2011 he is entitled for ad-hoc pension till finalization of the case subject to the conditions stated in the said G.O"
I would like to ask few questions to our expert as below.
1) What should I do now to release all amount entitled?
2) what are the conditions in the said G.O
Thanking in advance.
modassir nasim
09 February 2015 at 00:30
SC recently in Lavesh vs state of delhi dt 31/8/12 and state of m.p. vs pradeep sharma dt 6/12/13 (on reading both the judgement then its clear) said that if section 82crpc is properly issued then anticipatory bail will not lie and is liable to be rejected. pls throw some light on it.how far this judgement is correct and can it be precedent. and more over when landmark judgement is there known as grubashk singh sibbha vs state of punjab of 1980.
hemanth
09 February 2015 at 00:13
Sir I had ansale deed agreement to sale my site telling that if feel is not done in 3 months the rate fixed at time will alter to market rate .now it's already 3 months after 3 month expiry date m asking for market price buyer is threading to go to court what shd I do legally
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Joint ownership
dear sir
I have purchase a home at navi mumbai (kharghar) in joint names of myself as well as in brother name what will future course of action when i want to remove his name from property (2017) as i have taken certain amount from him which will be paid to him by me
All Payments to builders is from my saving accounts
Also loan has been in both name due to higher eligibility please advice
Twinkle Parmar
9819558892