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vinod bansal   08 July 2011 at 23:00

investigation join without court permission

R/Members
Accused was arrested in a theft case and police obtained one day police remand from the court, in the same police station an another blind murder case was under investigation, accused suffered disclosure in theft case that he has also committed that blind murder,than Investigating officer of theft case handed over copy of this confessional statement regarding commission of blind murder to the IO of murder case and IO of murder case join the accused in investigation in murder case without permission of the court even also recorded his confessional statement in murder case via videography and thereafter after finishing of one day police remand in theft case ,police obtained five days police remand in murder case, whereas he was ordered to be sent in judicial custody in theft case, i want to know is this process is legal, without permission of the court police arrested and join investigation one accused in another case is it not a major fault in investigation, plz advice
Regards

mahesan   08 July 2011 at 22:13

final decree

Daughter filed suit partition against father and sisters and two brothers. Exparte decree passed and 1/5 th share was alloted to daughter in the year of 1997.

After 15 yers back daugherprepared to file the final decree application for divion of 1/5 shares. Meanwhile the father is died. How can enlarge the father share in the final decree application. What is the provision of Supplement preliminary decree. Now mother is legal heir of father and how can she add the final decree application and mother is what entitled share in the father's share. Impleading petition is necessary or not.
other wise daughter is entitled to file the final decree application without supplementary prelimnary dcree or not ?
Give me detailed expalanation, properties situated in tamilnadu
I expect the answer from Mr. R. Ramachandran and other expert

Anonymous   08 July 2011 at 17:28

information regarding broadcasting a new TV Chennel through internate.

please help,
What is the procedure for lounching/broadcasting a new TV chennel through internate (website), from where i have to take permission, which department, how o apply, its fee etc. About all its requirements.
Kindly inform the procedure in details.
its urgent.


say something............ anybody....

SHOBHIT MEHROTRA   08 July 2011 at 13:10

to open a pvt. security agency

sir,
i want to open a pvt security agency in up.hence please provide me full legal details and formalities to register it and to run it..plz attach registration form of up in complete.

thanks! shobhit mehrotra

SHOBHIT MEHROTRA   08 July 2011 at 12:58

to open a pvt security company

sir,
thanks for giving reply but i want complete details regarding it..
please submit the details and forms to open the pvt security company.. with all legal formalities...
shobhit mehrotra

Anonymous   08 July 2011 at 12:46

REGISTRATION OF SPECIAL POWER OF ATTORNEY

I have seen a query anwered by experts which states that special power of attorney for sale of immovable property is compulsorily required to be registered.

Can the experts anwer with reference to the section of the registration act?

According to me if the executor of a document gives power of attorney for presentation of the said document for registration then that power of attorney is required to be authenticated.

But if the document itself is executed by a power of attorney who himself presents it for registration the said power of attorney is not required to be authenticated.

Kindly enlighten with the provision of registration act.

Anonymous   08 July 2011 at 12:12

Court auction

Hi,
Court auctioned a property of the accused in a recovery suit and a party won the bidding and paid the amount to the court, way back in 1960s. Court passed all the rights to the Party that won the bidding and asked to have the mutation done with the revenue department to get the perfect title. The party approached the government for mutation. Meanwhile there were several cases in both lower and high court contesting the legality of the acution. But all the courts upheld the auction.

Still the mutation is pending. We have the following questions.
1) Is there any time bar on the mutation?
2) Is there any time bar in approching the court on its earlier order?
3) Is there any time bar in asking the court to implement its earlier order and handover the property or equivalent property or any other compensation?
4) If cash compensation is asked , what would be the interest rate and how would be the opportunity cost calculated?
5)Which is the best option, either going to the government and pursue the mutation or going to the court asking to implement its earlier order?

Thanks

Anonymous   07 July 2011 at 23:41

Applied an application Section 5-a But section 27(4) correct

I( Vendee-DHR) filed a petition u/s 5 A of the act for regulation of an alienation, on the basis of a compromise decree, obtained in a suit filed for specific performance of an agreement of sale(un registered) before the Mandal Revenue Officer. And after due enquiry and also after following the due procedure, the MRO has issued a certificate to that effect on my favour.

When the matter was carried before the Joint Collector (Revisional Authority) by other side who contended that “no notice was served on them before passing the orders and also further contended that the said DHR has failed to approach the trial court for registration of the sale deed and thus the revisional authority has no jurisdiction to entertain the case”. The Joint collector has dismissed the Revision Petition. Further he also relied upon the Rule 27(4) of the Rules with regard to implementation of court decrees.

As against the said order, the matter was carried by other side, before the High Court (Single Judge) by way of Writ Petition and the same was also dismissed.

When the matter came up before Division Bench of High Court, it was contented that

1. No regularization of alienation even based on a decree obtained in a suit for specific performance can be ordered under Section 5 of the Act.
2. An agreement of sale cannot be considered to be a document of “transfer” or “alienation”

and accordingly passed orders against me. And now the matter is pending before Supreme Court carried in a SLP.

The Act is as follows:-

Section 5-A Regularization of certain alienations or other transfers of lands:-

(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force [where a person is an occupant] by virtue of an alienation or transfer made or effected otherwise than by registered document, the alinee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.

Rule 27 (4) of A.P.Rights in Land & Pattadar Pass Books Rules 1989:-

Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received form court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of rights and Pattedar pass Book, the Mandal Revenue officer shall incorporate changes in the Record of Rights and Pattedar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the record of Rights and Pattedar pass Books, If the decree is received or produced by or before a Registration officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Office for necessary action.

1.Application filed against section 5-a of R.o.R act. But it should have filed as per 27(4) of R.o.R act. Does my case can be considered as per 27(4) or it will be dissmissed as per section 5-a.?

amit   07 July 2011 at 17:55

regularisation of unauthorised alteration bmc

regularisation of unauthorised alteration bmc

which is the year, unauthorised alterations before which is regularised ?? all the details is psbl along with the judgement or circular's link....
thanks

nita nath   07 July 2011 at 17:06

MAHARASHTRA REVENUE TRIBUNAL

CAN MAHARASHTRA REVENUE TRIBUNAL REMAND BACK THE MATTER TO THE LOWER COURT IN REVISIONARY JURISDICTION FOR LEADING FRESH EVIDENCE