somnathsingh
03 December 2010 at 15:58
An Agreement of Sale is entered by father and son in favour of tenant’s wife already in possession. Before sale deed is executed by them, son got issued legal notice to the tenant (agreement holder) expressing sole ownership by virtue of will deed executed by his mother (original land lady now expired) in his favour.
The tenant’s filed “Suit for Specific Performance” making Father and Son as Defendant 1 and Defendant 2 depositing the balance sales consideration in bank and filed the bank letter in court. The two sisters of D1 Got implied as D3 and D4 challenging the will.
Rent Control Case: In between the tenant file Rent Control case for depositing the rent since the landlord is in dispute. All the parties contested the case. But after some time the suit is dismissed for default, since the tenant has not pressed the case.
Over ruling the above documents the Original Suit was decreed in favour of Plaintiff (tenant) against D1 and D2 for executing the Sale deed for 50% of the suit property, failing which the court will execute the sale deed. The balance consideration deposit issued by the bank is not marked as exhibit by the plaintiff (tenant’s wife) and the court is silent about it in pronouncing the judgment, but this was clearly mentioned in plaint and was cross examined in evidence. The court also confirmed the balance 50% ownership to sisters by invalidating the alleged will. The sisters are not willing to sell the property.
Aggrieved by the Specific Performance decree, brother preferred an appeal and it is pending and the Appellate court granted interim stay till the disposal of final appeal. Now the stay is vacated.
Their after the tenants wife registered the 50% property of D1 & D2 by the court by depositing the balance sale consideration.
This property is part of the total property in partition suit. Now the partition suit is under compromise.
Now the questions are:
1. When the amount is already deposited in bank and the bank letter is deposited in court. Neither the court nor the party insisted for the same to bring it into record and registered the sale deed as per the lower court order. Is the court erred in this subject.
2. The tenant has filed a rent control case for depositing the rent in rent control, but not traced subsequently. This means is he under default of paying rent right from the date of A/S. As an agreement holder is not the owner of property in one aspect and tenant and his wife are separate party in eyes of law on the other aspect.
3. Is it possible to re-open the RC case dismissed for default and to file the suit for eviction?
4. Is the prospective landlord can withdraw the amount from bank against sale deed execution?
5. The tenant wife prefer no appeal against the order of the lower court either for registering the complete suit property or to for not paying the rent till the disposition of suit.
6. Paying rent till the sale deed is registered is one of the recital in Agreement of Sale.
Please advice.
Regards
Somnath
Avdhesh Tiwari
02 December 2010 at 22:51
There is provision for reservation (not less than 3 percent) in govt. employment to persons with disabilities in terms of Persons with disabilities Act, 1995 and Office Memorandum issued in the December, 2005 and in the year 1996 (available on the official website of the Chief Commissioner for persons with disabilities). Most of the departments are not implementing the provisions in this regard and interpreting the Act and OMs differently.
I need clarification whether a person with disability, who is selected for a post on his own merit (without relaxed standard)can be denied the benefits admissible to persons with disabilities. Will such candidate be treated as 'General Candidate' for placement in seniority list and promotion purpose?
Kindly clarify and provide the rules/court order/s in this regard.
-A.Tiwari
ravi
02 December 2010 at 13:25
Sir
I have selected a agricultural land in Mangalore, Karnataka for purchase. The said agricultural land is jointly owned by two people who are just friends & not blood relatives/family members. This property has been acquired by them 4 years back. I was informed that, though there is a law saying agricultural land can be jointly owned only by family members and not by friends, there is a Karnataka High court judgement saying it can be jointly owned by friends also. I request the learned members of this forum to furnish me the case law of Karnataka High court.
2. In the above, one joint owner has a minor child. Is there any risk of minor rights coming to picture in future. What precautions I have to take
Regards
Ravi P
Anonymous
01 December 2010 at 10:08
If an assessee has opted to claim deduction under Section 35AD,can he claim deduction for depreciation?
krishna prasad bhat
30 November 2010 at 16:55
I am running a small lodging house with 13 rooms.I have enroled with Commercial tax of tamilnadu government (laxuary tax).My room charges are Rs 425/+5%tax for single room,Double room rent is Rs 550/+10% tax. When my guest comes as single person,they ask me to charge Rs425/+5% tax for the DOUBLE ROOM which i allote,,because there is shortage of single room. Is it possible (under laxuary tax law) for me charge Rs425/+5% tax for the double room.
Double room Non a/c is 550/10%tax and Double room A/c is 850/+10% tax. Sometimes my guest asks me to allot this A/c room as NON A/C rooms.Is it possible for me to charge the A/c room as NON A/C room (550/+10% tax).
Nyaayapriya
29 November 2010 at 11:16
Petition praying for amendments in Section 498A of IPC.
**********
The Committee on Petitions of the Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a petition praying for amendments in Section 498A of Indian Penal Code, 1860. The petitioner in his petition has pointed out the extensive abuse and misuse of this provision of the Penal Code. According to the petitioner, the abused population undergoes tremendous harassment and torture. As these provisions of the penal code presently go, a complaint without much authenticity or any weight of evidence is enough to arrest the husband or the in-laws or anyone else named in the complaint, irrespective of whether any crime has taken place or not. The petitioner, accordingly, has prayed for suitable modification in section 498A of Penal Code so as to check its abuse and protect the interest of innocent persons.
2. The petition is available on the Rajya Sabha's website (www.rajyasabha.nic.in) under the link: Committees → Standing Committees → Committee on Petitions → Petitions with the Committee.
3. The Committee has decided to undertake consultations with a wide cross-section of the society and invites written memoranda thereon. Those desirous of submitting memoranda to the Committee may send two copies (each in English and Hindi) thereof to Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110 001 (Tel: 011-23035433(O), 23794328 (Telefax) and E-mail: rsc2pet@sansad.nic.in) latest by 30th December, 2010.
4. Comments/suggestions, etc. submitted to the Committee would form part of its record and would be treated as confidential. Any violation in this regard may attract breach of privilege of the Committee.
5. Those who are willing to appear before the Committee besides submitting written comments/suggestions may indicate so. However, the Committee’s decision in this regard shall be final.
--------------------------------------------------------------------------------
Source : Rajya Sabha Web-site - http://164.100.47.5/newcommittee/Petitions/Committee%20on%20Petitions/498%20IPC%20English.pdf
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Nehal Ahmed
28 November 2010 at 16:32
what is a kabuliyat registered deed? How is it executed?
After getting a decree in a title suit case can an execution order be obtained to get delivery of physical possession? what is the procedure?
My father had got some settlement of land in lieue of rent receipt, i.e on payment of revenue to the zamindars. After the abolition of zamindari system in west bengal when I approached the revenue authorities to get the name recorded in the record of rights by showing the receipts given by the zamindar they refused on the ground that the land stands already vested to the state. Is there any remedy in law to have the same recorded? What should I do? Please suggest.
K.K.Ganguly
28 November 2010 at 14:32
I have a foreign returned client who wants to form a Pvt Ltd Company for marketing energy boosting health drink. He will make the product locally after importing the raw material. I have been retained for arranging for all registration for the said company for the said business. I have arranged registration with Shops & Establishment Dept.,Import/Export Dept. & Kolkata Corporation. For selling health drink shall have to take any permission or registration from Health Dept of the state or center? What other certificates of registration will be required? I would request the experts to kindly guide me.
K.K.Ganguly
Legal Fighter
28 November 2010 at 09:28
Petition praying for amendments in Section 498A of IPC.
**********
The Committee on Petitions of the Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a petition praying for amendments in Section 498A of Indian Penal Code, 1860. The petitioner in his petition has pointed out the extensive abuse and misuse of this provision of the Penal Code. According to the petitioner, the abused population undergoes tremendous harassment and torture. As these provisions of the penal code presently go, a complaint without much authenticity or any weight of evidence is enough to arrest the husband or the in-laws or anyone else named in the complaint, irrespective of whether any crime has taken place or not. The petitioner, accordingly, has prayed for suitable modification in section 498A of Penal Code so as to check its abuse and protect the interest of innocent persons.
2. The petition is available on the Rajya Sabha's website (www.rajyasabha.nic.in) under the link: Committees → Standing Committees → Committee on Petitions → Petitions with the Committee.
3. The Committee has decided to undertake consultations with a wide cross-section of the society and invites written memoranda thereon. Those desirous of submitting memoranda to the Committee may send two copies (each in English and Hindi) thereof to Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110 001 (Tel: 011-23035433(O), 23794328 (Telefax) and E-mail: rsc2pet@sansad.nic.in) latest by 30th December, 2010.
4. Comments/suggestions, etc. submitted to the Committee would form part of its record and would be treated as confidential. Any violation in this regard may attract breach of privilege of the Committee.
5. Those who are willing to appear before the Committee besides submitting written comments/suggestions may indicate so. However, the Committee’s decision in this regard shall be final.
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Grace Marks in competitive exams.
sir is there any reported case, regarding ,to what extent grace marks can be awarded in a competitive exams.
sir also is there any reported case saying arbitrarily awarding grace marks to one subject & not awarding to other subjects in a competitive exam(like state PSC) violates Art. 14 & Art. 16(1) of constitution.