meenakshi chauhan
21 February 2011 at 00:28
my uncle filed a FIR against my father stating that there was one agreement executed by him and my father, in which they both purchased one property from some third person.
he stated that payments were made by both of them, his name was there in agreement as the purchasing party , agreement was executed but he didnt signed that agreement on the order of my father. and as the agreement was possessed by my father, he (my father) with wrong intentions forged his signatures on that agreement.. and further created one more agreement selling the same property to his wife i.e. my mother, applying the same signatures my father applied on prior agreement.
hence that particular agreement is being forged by my father..
he, my uncle, didnt showed any copy of that document which was not pertaining his signatures, and was blank.
but he himself used that document in NDPL to claim himself as the owner of that property on the basis of that particular agreement , which he is claiming to be forged one..
can my father pursue case of perjury against him..? that in one case he is claiming the document to be forged and in some other department he himself is using that document to claim himself the owner of that property on the basis of that forged document, to get the meter connection.
is this case is bailable.?
in which court this case has to be filed.?
and in which sections.?
thank u
Anonymous
21 February 2011 at 00:00
Can a pvt Company send/export/deliver share certificate to a foreign national after allotment on repatriation basis under FDI-automatic route - without waiting RBI Acknowledgement of FC-GPR application made.Pl clarify.
Anonymous
20 February 2011 at 23:23
hi every one,,,i am a law graduate did masters in International Trdae Law fm london got married n now mother of 9 months old child,,i got lil bit experience bfr marrg in domestic law n cn draft NIA notices but not much experienced,,,i would like to know from you all that is there anything i can do related to my work(as an Adv) while sitting at home,,,is there any work from home for me,,, i need ideas i dont wanna sit at home n get frustrated i do lv my child i do tk care of my home but still feel lk to work frm home is there any site or any other thing which u know so plz lemme know,,i am get'g dull sitting at home my child needs me but to save my marrd life i want to work or my relation wid hubby will gt worst cz of my frustration,,,,plz help me,,,tell me wt i cn do plz,,,
thanks
Anonymous
20 February 2011 at 23:08
while studying sweat equity shares concept,i
came across with sentence"THE SHARES SHOULD BE OF A CLASS OF SHARES ALREADY ISSUED".
what does above sentence mean.please clarify me
sanjay
20 February 2011 at 22:18
we a pvt ltd company had taken 3 loans from surat people cooperative bank surat gujarat. the loans became NPA in 2000. the bank got a decree from board of nominees against us. the bank did not allow the sale of the machinery of the pvt ltd company instead they pressurized for the sale of the house of the guarantor. after the sale of the house there was an ots scheme of rbi in 2006. the company applied for ots in sept 2006 for 35.61 lacs for all 3 loans. the bank did not give any letter of acceptance of ots. the company paid 25% (8.90lacs) in dec 2006. then the company paid 5 lacs in may 2007. the bank GM said that the scheme was extended and we could pay til march 2008. then co paid 21 lacs in march 2008.later the co again paid 3.16 lacs in may 2008 towards interest of ots. during the entire period the bank GM was saying that we were in OTS. after may 2008 the bank GM promised to give NDC and Form 17 for release of charge of the collateral. but the same was not given. then till march 2010 there was no communication from the bank. now we started writing letters to the bank for the NDC and Form 17. now the bank says that we had defaulted in the ots as we did not pay in time and so now we are out of OTS. there is no letter from the bank about acceptance of OTS nor there is any letter about our removal from OTS.
In sept 2010 the bank issued an attachment order against which we appealed to the Secretary of Agriculture and cooperative dept Gujarat. Our appeal was sent by the secretariat to the bank. The bank replied that they had considered us in OTS and becoz the payment was not made by Dec 2007/Jan 2008 the bank removed us from OTS. The bank submitted a page of Inspection report of RBI of March 2008 – a part of which we reproduce as under :
“ it was observed that one of the borrowers offered OTS under the scheme had paid 25% upfront portion (Rs. 8.90 lacs) of the settlement amount of 35.61 lacs on Dec 30, 3006 & Jan 1, 2007. The remaining amount due to be paid by Dec 2007 / Jan 2008 was paid with delay on March 31/April 2, 2008. Further the party paid Rs. 34.90 lacs against the due balance amount of Rs. 35.61 lacs. Interest @ 11% is yet to be recovered. The bank may immediately review such cases and take concrete steps to recover the dues (action).”
Then in May 2008 we have paid 3.16 lacs. So against the OTS amount of 35.61 lacs to be paid by Dec 2007/Jan 2008, we have paid total 38.06 lacs by may 2008. There was no communication from Bank. till Aug 2010. In Aug 2010 they sent a letter that they have removed us from OTS. Does the cooperative bank have the power to remove us from OTS after receiving the payments or a major part of payments ?
we now need guidance and legal assistance on this issue. Pl guide us. Thanks in advance.
giriraj sharma
20 February 2011 at 21:56
sir,whether there is any time period to appeal against CAT order in HC.in order no time limit is specified
Anonymous
20 February 2011 at 18:17
Dear Experts,
My step-father is a Land Lord, he holds a big amount of land around 114 acres since past 40 years, Intially he purchased certain amount of Land for business purpose, as there was no access to the purchased property he took the adjoining lands on rental basis. One of his partner purchased the rented land from the Owner. After few months/ year, they had a dispute and a consent term was executed so my step-father gave him certain area of land and in return the Purchaser (Partner) gave him the purchased rented land alongwith the POA. So this way he became the owner of the rented land. At that time ULC act was in force in which a person can hold certain amount of land in his name. So in order to skip this Act he entered the land lord’s name on 7/12 extract in trust and the business was running smoothly.
Last year, then owners of the land sold that same piece of land to third party (builder) without any knowledge of my father took the advantage of the 7/12 and approached the prev. owner of the land and purchased it. Somehow we got the documents from Tehsil and Talathi and we came to know that the third party purchased it with a very small amount and submitted fake documents like Power of Attorney etc. etc. in the Government department. Since past 40 years - till date, my dad is in possession of that property and yet the builder hasn’t approached us for possession or may be he is intending to do so. Through some reliable sources we’ve come to know that the Third party (Builder) is in process to getting IOD & CC from BMC.
My question is:
1. How can we get our name entered on 7/12?
2. Should we file Civil Suit or Criminal Suit against the previous land owner and the builder before they approach us or wait for him to approach us?
3. How can we prove that we are the owner of the land as still the land is in our possession?
4. What are the options available to safeguard our property from the encroachers?
Being step-son, I just want to protect his land and request you all the experts to give your best advice in this matter. Your advice will be very highly appreciated.
Your Advice Seeker.
Rave Gerawal
20 February 2011 at 17:02
Hi,
Im about to purchase a plot. It was sold by original allotee for an amount 2X in April 2010. In July 2010 it was again sold for 2X. In Dec. 2010, the new owner sold the plot for only X to Party A (thereby incurring loss of amt equal to X).
Now I'm about to purchase the same for an amount equal to X from Party A. Note that X is higher than prevailing circle rate in the area.
Is this perfectly legal? My only concern is that at one time a party purchased the plot for 2X & sold it few months later only for X.
Note that stated amounts (X, 2X) are value mentioned in sale deed.
Please suggest.
giriraj sharma
20 February 2011 at 16:41
i appeared in deptt exam.fail by jsut 2 marks.got answersheet under rti.found many mistake
in evaluation.my few correct answers were made wrong .in 2 questions 5 facility name was
askd .write down 5 name
there r 10 to 15 facility available.in model answer key there were only 5 answers.if i write
down other than these answers my answers was made wrong.even what i ahve wrtitten accepted
by cpio of my deptt.hence applied through proper channel but no response.then i approach
CAT.CAt direct to consider the representation.Deptt pass speaking
order that we have no revaluation rule hence can not revaluate but increased 1 marks as this
answer was in model key.But my argument was that my
answer is correct and i am not asking for revalution of whole
answer script.provided 1 marks but in case of others correct answers they said as per model
answer there is no change in other answers.again move to CAT.
I prayed following point in CAT
1. My answers was correct but no marks provided.
2.i have attached solid evidences like RTI acceptence,Trg center document even pritn out of wesite where these facility(my answer) was availabele.
3.Mistake was commited by evalutor because there were only 5 samples .but there r 10 -15 correct answers.Model answer r provided for help but in my case evaluator was based on only model asnwer key.even i attached relevent document with my represenation but examiner said that as per model answer key u r answers r wrong.
4. Further it is said as there is no revaluation rule hence can not revaluate u r rest answers.
5even my answersheet was was send to same examiner but it should be send to other examiner
but CAT dismissed my appeal.CAT stated that
1. As there is no revaluation rule and you have not challanged the rule.
2. Examiner may used same method of evaluation for other candidates also.hence direction of
revalution in u r case will be unjustice to others candidates.
3.1 marks increased does not mean u have wright to revalute.
4.applicant have no right to say that as answersheet was send to same examiner it should be
send to another examiner
now i want to move HC.
what should be main focus in my writ.what is probabilty to win.pls guide for future strategy.
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Land Buying
I want to buy "Gabhan land" (Gamtal land)of 0.25 acre (around 10,000 sq. feet) in one of the village of Bharuch District.
I am not a farmer, can i registered this land on my name ?
kindly advise.
Kalpesh Berawala