shivanand
31 January 2014 at 15:27
Subject : brif note on PTCL
Message :
Dear sir, We have purchased 7 acre of land which was granted to one of shivappa kallappa naikmakkal in the year 1966 with a condition of non-alienation of the land for a period of 15 years. The grantee alienated the land during the year 1982 and 1985.which is after completion of 15 year.we is the 3rd purchaser of the land. The grantee filed a case with assistant commissioner dharwad (Karnataka),during the year 2005 stating that he belongs to HINDU VALMIKI caste which has been classified as scheduled tribe community there by lending to violation of clause 4(2) of the PTCL act with contention of resumption of land back to original grantee. The assistant commissioner dharwad heard the case and rejected the petition standing that the caste of the grantee has been classified as scheduled tribe community W.E.F 19/04/1991.the grantee filed and appeal to deputy commissioner dharwad during the year 2006-07 .the D.C dharwd has heard the case and upheld the judgment of AC dharwad. The grantee again preferred an writ petition to the High court of Karnataka during 2009 the court had heard the case and again remanded back to the case to the DC dharwad for hearing and for passing appropriate order. Now the case has been called for hearing by the DC on 25/02/2014. In regards to the judgment issued by the high court single and double bench the following points have been brought to perusal the constitution scheduled tribe order 1950 has been issued as per the provision of article 342 of constitution classifying the community under ST and several amendments have been issued to the presidential notification 1950 by adding caste of person inserted to the ST list w.e.f 19/04/1991 Naik,Nayak,Beda,Bedar &valmiki (constitution 2nd amendment 1991 copy and bill passed by Lok saba copy enclosed ) As states above caste every Amendments to presidential notification of 1950. Thre is a specific Effective date, month & year on which the caste for to be considered as ST. In such circumstances the judgments have been issued by the Honble judges considering the caste added to the ST with Retrospective effect with revert back to the presidential notification 1950. Without considering the effect dates,month,&year of amendments by issue of judgments considering as Retrospective effect of 1950, injustice has been caused to the purchaser of the land there by resumption of purchaser land back to original grantee. In view of the above the necessary classification requires on the following points 1) Whether the constitution scheduled tribe all amendments & modification amendments are Retrospective or prospective? 2) On what bases the judgments have issued considering the constitution amendments to revert back to presidential notification 1950? 3) If the all amendments are Retrospective effect for this any of the notification issued in this regards? Dear sir kindly as soon as possible necessary legal advice on the above the doubts may please I communicated. We are waiting for kind advice Thanking you sir Shivanand m desai 9986980722
Anonymous
31 January 2014 at 15:14
My plot in gurgaon was acquired in Dec 2009 for dwarka expressway. I haven't taken the claim and not gone to any court. Other land owners got a stay for the acquisition. Now am I eligible for part 2013. If yes, what I should do as only four years have passed since the award of the land
ritesh
31 January 2014 at 15:13
Sir,
I enterd into a notorised agreement to sell my CGHS flat , against a advance payment of 13 lacs ( 8 by cheque & 5 by cash). The 2nd installment was due on 25 Nov-"13 , & full & final by 5-01-14. However , the purchaser requested ( verbally ) for a re-structuring of payments , by giving part payment on 2o/12/13 , then again ,to be done on 21/1/14. On this payment(21/1/14), he again faulterd , and assured ( verbally) , to make the payment on 25/1/14. , and for balance payments gave me 2 post dated cheques for 31/3/14 @ 7/4/14 for the balance FULL & FINAL payments. However , evn he has not made payment ( till date ), of the installment due on 25/1/14 , instead sent me an SMS that he is un-able to make payments & the agreement should be treated as cancelled & I should return him the BYANA of 13 lac & 1 installment . I have invested the amount by way of booking another property . Kindly advise , what are MY rights , my existing property which I was selling to him is a SELF-DRAW CGHS flat , & the regularization is in process , he is aware of this , that is why , he was prepared to buy at rock bottom price from me , knowing that the price after regularization would be at least worth over 40 lacs more, than what he was buying for.
Anonymous
31 January 2014 at 15:11
My plot in gurgaon was acquired in Dec 2009 for dwarka expressway. I haven't taken the claim and not gone to any court. Other land owners got a stay for the acquisition. Now am I eligible for part 2013. If yes, what I should do
gopal
31 January 2014 at 15:03
Dear Sir,
I am going to file Revision petition in NCDRC.
I have seen NCDRC website, there they where given a list to file revision petition
1. Index
2. List of Dates
3. Memo of Parties (with fresh complete addresses)
4. Revision Petition with Notarised attested affidavit
5. Stay Application, or any other application if any, with Notarised attested affidavit
6. Application for condonation of delay with Notarised attested affidavit, if beyond limitation. (Within 90 days of the receipt of the order)
7. Certified copy of order of State Commission
8. Copy of order of District Forum
9. Copy of Complaint, Reply & Rejoinder filed before District Forum as well as copy of evidence if recorded and other documents relied on by both parties. (All the Annexures must be attested as True Copy on the last page with name & signature)
In the above list,
1 is Index and 2 is List of Dates
What is this index and What is the List of Dates
Kindly clarify
I would like to appear in person
Kindly guide
thanks and regards
Member (Account Deleted)
31 January 2014 at 14:42
http://www.stopeg.com/forum/showthread.php?tid=50
Can some on explain weather there is any law about it.
somesh
31 January 2014 at 14:31
Dear experts
Please let me know the link were we can view the status online of our case by case number or name for family court in thane mumbai
it would be great help
thanks a lot
Member (Account Deleted)
31 January 2014 at 13:59
As we know it takes 10-20 years to win a case in a court. what if client has done non bailable crime whose punishment is maximum upto 1-2 year? is it means that one has to remain in jail for 10-20 years till the case is not solved in court.
GR Gupta
31 January 2014 at 13:26
I am living in Vatika City Sector 49, Gurgaon (Haryana). The builder of our Society has filed Deed of Declaration of our Society in Office of Sub-Registrar, Gurgaon. In this DOD, under the Head 'General Facilities for all apartments of the Compiled', the builder has mentioned about Community Centre and Electrical Sub-Station
in the Society whereas these are not at all
constructed/established in the Society.
Please advise in which Court we should file a case against the builder on this wrong information in the DOD.
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Return of bayana
Sir, I entered into a NOTORISED sale agreement to sell my CGHS flat. I was given a BAYANA of 13 lacs (8lacs chq & 5 lacs cash), at th time of signing with a condition that the 2nd installment for 25 would be paid on 25/11/13 & final on 5th Jan ,2014.However , on 27/11/13 , I was requested (VERBALLY) to restructure the payment as 2nd installment on 21/12/13 , which was done & paid by him , 3rd installment on 21/1/14 , and for the balance he gave me POST DATED CHEQUES for 31/3/14 & 7/4/14 , which I agreed in good faith . His Jan installment did NOT COME , instead he sent an SMS saying he does not have funds and the agreement should be cancelled & I should re-fund the monies paid by him as BAYANA & one installment . He agreed to buy this flat at rock bottom price as this CGHS is under process of REGULARIZATION by the RCS as possession was taken under SELF DRAW , & after regularization the cost of this flat will be at least 40 lacs more than what he is buying for. I have invested the fund received for another flat & I am a senior citizen & retired . Kindly advice my legal status regarding the return of funds.
Thank you.