Aushaf
20 December 2014 at 22:33
Suit was filed by a power of attorney holder but original farmers who gave the power made a settlement with the defendants without consulting POA holder....MOU was made with a friend of POA with 1 lakh consideration application was made under order 1 rule 10 to add mou person to implead as a plaintiff.......hearing pending....can withdrawal be stopped and power of attorney holders right will be protected...........
arvind
20 December 2014 at 21:31
i have recieved death benefit of my brother's life insurance as he passed away about 8 month ago. so i want to know that should i have to pay some type of tax like income tax over that amount or i can use directly it without showing any acoount statement to income tax department.
how should i handle income tax department??
Venkatesh Maruti Kuvalekar
20 December 2014 at 21:07
Sir/Madam,
I am an advocate by profession. My client was the owner of land which has now been acquired. Being dissatisfied with the award passed by the Spl. Land Acquisition Officer, he filed an application u/s 18 (1) of the Land Acquisition Act for reference to Court for determination by the Court the amount of Compensation. My client has been considered as the person interested by the S.L.A.O, and the award passed under section 11 of the L.A. Act has been passed in the name of my client. Reference Application filed by my client is pending before the Reference Court.
The acquired land was subjected to auction at the time of acquisition. Now one Mr. "X" has filed an application u/s 18 (1) of the L.A. Act in respect of the same land contending that he purchased that acquired land in auction. Neither Mr. "X" has been considered as the Person Interested by the S.L.A.O.nor any award has been passed in his name. The reference application filed by Mr. "X" has also been referred to the Reference Court.
NOW MY QUERY IS: - Whether a person who has not been considered as the Person Interested by the S.L.A.O. and who has not participated in the acquisition proceedings before the S.L.A.O. can file an application under Section 18 of the Land Acquisition Act. Whether Mr. "X" has any remedy under section 18 of the L.A.Act or his remedy lies only under Sec. 30 of the L.A. Act?
Please reply.... Eagerly waiting for your expert opinion with few reported decisions (if any) for my assistance.
Arun Gudikandula
20 December 2014 at 19:59
Sir, This a dispute concerning a business transaction
My father's company was a supplier of Electrical Generators.
In the year 1987 he received an order from an Industry based in Hyderabad for supply of Two Generators worth Rs 17 Lakhs
The Managing director of the Industry was an active politician and Member of Parliament, Lok Sabha from Andhra.
An initial advance of Rs 4 Lakhs was paid by the Industry to my father for supply of the said generators.
My father sourced the generators from Delhi by paying some advance to the principal supplier.
The first generator arrived in Hyderabad in 1989 and lying in a transporters Godown and the consignee Lr had to be negotiated through State bank by paying the balance amount and collecting the generator.
The second generator was in transit.
My father faxed the Industry to pay the balance amount of Rs 13 Lakhs as the both the generators would be delivered shortly on payment of money to the bank which would then release the generator from the transporters custody .
The Industry put a condition that the balance amount would be paid on inspection of the first generator that had arrived in Hyderabad .My father took them to the transporters Godown to let them satisfy themselves about the condition of the consignment. After inspection of the generator.
The Managing director of the Industry who is also a member of parliament from Andhra stole the generator from the transporters godown under police escort due to his influence and got it delivered in his Industry and made it operational by installing the same.
My father on coming to know of the developments sent a telegram to the principal supplier to stop the shipment of the second generator.
A case of injunction was filed by the politician for an injunction restraining the transporter and principal supplier from recovering the generator back from his custody and restoring it to the principal supplier based in Delhi. In this case the transporter officer truthfully stated in his counter affidavit that generator was removed from his custody in broad daylight in police escort under the influence of the politician.
Subsequently the transporter for reasons best known to him started colluding with the politician and a case of theft was registered on complaint given by the transporter in the year 1989 where he changed his stand and stated that unknown persons had stolen the generator although earlier he stated in the suit for injunction that the generator was removed from his custody in broad daylight with police escort under the influence of the politician
In the criminal case of theft filed by the transporter none other than my father was charge sheeted as accused and also as a person who was suspected of having stolen the generator and delivered the same to the Politician’s Industry.
Simultaneously the principal supplier filed a suit in the Delhi High Court against the transporter for recovery of money in the year 1990 in lieu of the loss of the generator.
As the consignment was insured the insurance company paid the value of the generator to the principal supplier in exchange for it being subrogated and impleaded as co plaintiff in the suit for recovery of money against the transporter.
The transporter with abundant caution subsequently filed suit at Hyderabad in the year 1992 for recovery of money jointly and severally against my father in his individual capacity, my father's company and the Industry run by the politician. My father entered the written statement in the said suit disputing the claim of the transporter and stated that he failed to recover the generator back from the politician’s custody and restoring it to the principal supplier based in Delhi as such he is responsible for the loss and the suit is filed without cause of action since there is no decree passed against him in the suit filed in Delhi high court to repay the amount to the insurance company as on the date of institution of suit at Hyderabad.
Subsequently my father was attending both the criminal trial for theft and civil trial for recovery of money at Hyderabad.
Due to ill health he was not able to lead evidence and depose against the transporter and politician in the suit at Hyderabad which resulted in the court passing a decree in the year 2003 for recovery of money against my father in his individual capacity, my father's company and the Industry run by the politician jointly and severally.
Subsequently in the year 2004 my father was acquitted after 15 years in the criminal case of theft filed by the transporter.
The transporter filed an execution petition in the year 2005 against my father in his individual capacity, my father's company and the Industry run by the politician jointly and severally and an application of attaching our residential house was made. I filed a claim petition stating that the decree obtained is a collusive one hence needs to be set aside.
My father filed an appeal in the high court at Hyderabad in the year 2005 against the suit decreed at Hyderabad and was granted a stay by the high court in the suit till its disposal.
Simultaneously my father filed a malicious prosecution suit against the transporter at Hyderabad for filing a false criminal complaint of theft in the year 1989 where he changed his stand and stated that unknown persons had stolen the generator although earlier he stated in the suit for injunction that the generator was removed from his custody in broad daylight with police escort under the influence of the politician which was dismissed in the year 2008 and my father preferred appeal in the High Court at Hyderabad which is pending adjudication.
My father unfortunately died in the year 2009 in a road accident subsequently I was impleaded as a legal heir in the appeals filed by my late father in the high court at Hyderabad.
My question is can I pray to the high court at Hyderabad that the recovery of money suit at Hyderabad be remanded back to the civil court for me to depose and lead evidence in place of my late father so as to enable the civil court at Hyderabad to properly adjudicate the matter and arrive at just and fair decision.
Can I file an application in the high court at Hyderabad that the suit at Hyderabad is barred by res judicata since on the same cause of action a suit is already filed in Delhi high court.
In case the high court at Hyderabad dismisses the appeal filed by my father in the above mentioned suit. Can I lead evidence in the claim petition filed by me in the Execution Petition filed by the transporter at civil court in Hyderabad and prove that the decree obtained earlier is a collusive one by leading evidence and deposing.
Please suggest other remedies if any to come out of this mess.
Rajeev Singh
20 December 2014 at 19:40
Can a farmer whi has sold his land to the Government file a petition claiming additional cost on the land which has already been sold.
A farmer in my village sold off his land to a Government agency. Later he gets to know that by some order the rates have been revised and additional benefits are being given to farmers who have either filed petition or their matter is pending in the court. So seeing this the farmer plans to file petition aginst the Government agency.
Can he do so.
Is their any way it can be stopped bcoz once the deal is closed how can he claim for more.
Pls suggest. Or by what way can he be stopped.
Am representing the agency.
Pls suggest any judgements of Apex Court.
Thanks in Advance.
AMAR RANU
20 December 2014 at 18:14
Recently,a metropolitan court, in a summon case, has rejected a meritorious discharge application of a accused on the sole ground that plea recording has been done.
What can be the remedy in such a situation?
If revision is filed,what can be the the tenable and legally sustainable ground in the light of recently-settled law on this subject,if any?
ankur3042
20 December 2014 at 17:51
Hi
My father is doctor who got land from huda in 2002 in 3 lakh. Later they inhanced its cost to 12 lakh. We file case in high court. Huda did not pass our building plan yet.
High court once ordered to pay half payment in 2012 and we forget to pay it. Later in 2013 we paid full amount 12 lakhs to huda. Huda said that they want interest also in court. So few weeks back we win CM in high court as they ordered huda to pass building plan as we have paid full amount now.
Now we reach huda personally and they were still not passing the building plan and asking for interest. So my father write the letter to huda asking that we will pay interest in installment if they sanction the plot. All this discussion is on personal level and not yet in court.
So does this personal written letter have any legal complications. ?? Will it harm us. Does huda have authority to disobey cout orders.
What action can huda take againt this orders. Can huda go to supreme court?? What should be our further steps??
Please advice
Manoj k Soneja
20 December 2014 at 17:33
Dear sir
I saw your site need advice my father had property in huf name now I being elder son want to transfer in my name my father has expired I have mother one sister and two brothers Telme procedure do I have to pay stamp duty and registration charges what procedure
Nand kishore
20 December 2014 at 17:32
Nakul sold a portion of land(in 1992) ,after his fathers death,according to his share to Ram for a valuable amount settelled between them.This sale purchase was made by registered sale deed in presense of 4 witnesses and 1 of the witness was sellers own SON.Ram take his name mutated in govts register 2 and he got the rent receipt in his name for the land purchaged and till now the said land is in peacefull possesion of Ram,s SON(Ram died 2 years ago). Now Nakuls son (HE is also the witness) says that HIs father(Nakul) has done mistake ,and he (son) will is not going to accept the transfer of land, NOW MY QUERY IS that whether the Purchaser( Ram) and his son will suffer for that objection made by sellrs Son.?
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Argument stage started but ia is pending...
I'm contesting the divorce petition filed by wife.
During the evidence stage petitioner sumoto submitted her own Out-Patient ticket from a govt. hospital claiming it tobe Medical Report to prove issue (A).
Later, the petitioner filed IA requesting the court to send the petitioner to medical board for medical report to proved the same issue (A).
So, the respondent objected the above IA saying the already submitted Out-Patient ticket should be disproved by examining the doctor before sending the petioner to medical board.
The court allowed the objection of the respondent, and the order says that the IA will be allowed only if the Out-Patient ticket is disproved by examining the doctor who issued the Out-Patient ticket.
Now, the examination of all parties including the doctor has been completed, and the argument of petitioner is going on.
a) When will the IA be decided?
b) The petitioner is not talking anything about the pending IA during the argument. So, should the respondent request the court to decide the pending IA?
c) or Should the court sumoto decide the pending IA after the argument stage of both parties but before prouncing the jugement?