prabhakar sb
13 November 2010 at 14:31
Dear Experts,
Facts that are forthcoming from the documents are as under:
1. BDA acquired the land when the father was alive.
2. Father expired by the time acquisition process was completed by the BDA.
3. We do not know who has applied for allotment of site consequent to the acquisition of land.
4. The site was allotted on 10.11.2006 in the joint names of 5 Sons as per the Allotment letter after the death of father.
5. The site was allotted under the Special Incentive Scheme Rules 1989 of BDA.
6. The consideration was Rs.1,15,500/- as per the Allotment letter dt. 10.11.2006.
7. Sale deed executed by the BDA under the Special Incentive scheme on 15.02.2007 in favour of all the 5 Sons as joint holders on the strength of GPA. Copy of GPA not available.
8. Site Possession Certificate was issued in favour of all the 5 sons on 15.02.2007.
9. Within two months from the date of possession of site (i.e., between 15.02.2007 and 18.04.2007) all the 5 sons executed one more GPA who sold the site to "X" on 15.04.2007. Copy of GPA not available.
10. The registration process was delayed for about 17 days due to undervaluation and registered on 03.05.2007.
11. On 19.05.2007, after 16 days from the date of sale, all the 5 sons executed an Affidavit stating the assignment of GPA in favour of their eldest brother to sell the same property to Mr. V. Raju.
12. On 21.05.2007, the same site was registered to "Y".
13. On 30.01.2008, the site which was sold to "X" got cancelled .
The issues are as under:
Sl No Queries Remarks
1 Is the property conveys good title if bought ?
2 In the absence of source for purchase of site by all the 5 sons, does it assumes the colour of ancestral property ?
2 Whether the site allotted becomes the ancestral property ?
If Yes: what are the consequences
2 What is the status of the female members of the family (daughters). Since the acquisition of land and allotment of site taken place between 2004 and 2006
3 Whether all the family members of Sons & Daughters and their lineal descendants can have a claim against the site
4 Family Tree required or not
5 Consent Deed from all the family members required or not
tej
12 November 2010 at 20:35
what details are provided on slp list and what is meaning of each i.e.32. SLP(C)No.29776/2010 V.I.G. TRADERS MR. T. MAHIPAL
XVII ADJD-O Vs. NATIONAL INSURANCE CO. LTD.
98,113, 0 S.(3802) (WITH PRAYER FOR INTERIM RELIEF
2ND LISTING AND OFFICE REPORT)
AFTER NOTICE MATTERS
--------------------
what is meaning of XVII adjd-o and S.(3802)
tej
12 November 2010 at 18:34
what does it mean when the board shows slp no followed by XVII fresh-O followed by S. (number)(date)
Anup Hadgaonkar
11 November 2010 at 19:30
WHAT DOCUMENT REQUIRED FOR TAKE PERMITION FOR na IN mAHARASHTRA
Anonymous
08 November 2010 at 13:47
Dear Sir,
Can anybody help me in letting me know if we have any law pertaining to innovating of "Right of Way or Access" to a property, any orders pertaining to it.
Regards,
Sunil
Ritesh Sharma
07 November 2010 at 20:36
i had a medi claim policy from United India insurance for the year 2005-2006,2006-2007 and then for next 2 year 2007-2008 and 2008-2009 from New India insurance... there was no lapse of policy in these 4 years. i got operated in 2009 for some ailment to which my current insurer i.e New India insurance co. is saying that this ailment is not covered in the second year of medi claim policy so they will not reimburse the treatment for same. my submission is that although it is my second year with the current insurer i.e NIA but it is my continuous 4th year of mediclaim policy...first 2 yrs from United India n next 2 yrs from NIA(current insurer).
both of these insurance co. are GIC Companies ( public sector ). the case is pending in consumer forum and i am in dire need of some relevant citations of apex courts to prove my point..that when a consumer is insured in past from some co. and then he shifted from is past insurer to a new insurer and the policies were never lapsed and the continuity is never broken then the second insurer should give the weightage to the policies of the earlier insurer and the current insurer cannot deny the claim mere on this fact that the consumer is a new consumer to the current insurance co. therefore he will be treated as a fresh consumer.
Anonymous
02 November 2010 at 10:54
My father died in 2006.My mother is living with us and we are a joint family of three brothers and three sisters.All three brothers and two sisters are married.All our property is in my father's name.How to get it transferred in the name of My mother? Or will it be presumed to be transferred in the name of mother? Since my mother is 75 years old she is unable to walk because of vertebral ailment but able to understand everything.If she makes a will,how to get it registered as I have come to know that she must have to attend the registrar's office.Please advise me.
Dr. Chandran Peechulli, Ph.D; FIE
01 November 2010 at 10:53
There is no iota of truth in the judgement even for the appeal as the honourable justice looked god-fearing but favoured the judgement of the lower court.
Land-grabbing Case. There is no sprinkle of truth by the respondents, in O.S.365/2004 & R.A.117/2009,Fast Track Court 2.
Dr.Chandran Peechulli to rghck.kar,
PERSONAL & CONFIDENTIAL. thro. Registrar General rghck.kar@nic.in For URGENT attention please.
Shri. Jagadish Singh Keher,
H.E. The Chief Justice-High Court of Karnataka State,High Court Buildings,
Opp. to Vidhana Saudha, Ambedkar Veedhi,
Bangalore-560 001.
Thro. Registrar General, High Court of Karnataka,
High Court Buildings, Bangalore-560 001.
Most Respected Sir,
I have for humble submission the following few lines, for which I am constrained to do so, encroaching your valuable and precious time of your good high office, to please intervene, for a good and just cause, thereby instil justice and fairplay in courts, so that the sanctity of the courts are maintained.
Subject: “Re-An Ex-serviceman(Senior Citizen)’s hard-earned “Land-grabbed”.
- case unreasonably dragged in courts with administrative deficiencies of liberal adjournments and aggrieved shunted between Chennai and Bangalore. In the process, the innocent only suffers. Land- grabbing case of a senior citizen & ex-serviceman, in Bangalore City Civil Court i.e. O.S.365/2004 & R.A.117/2009. Fast Track Court 2. There is no sprinkle of truth being seen, but for falsifying the truth, due to money and muscle power, to knock off my property.
Falsifying the truth by all means for gain, engaging specialised mentoring criminal- lawyers, for criminals to be tutored, availing the loop-holes, to suit the legal- process, “bringing injustice to the innocent common- litigant”, throws away the sanctity of the courts, from the minds of the common people. Therefore, it is high-time, the honourable court administration, realises this for an early corrective-action. Justice should come to the common man irrespective of whether; it is from the Lower or Higher or Supreme Court. Dr. Chandran Peechulli. Marine Waves.
“The media shouldn't be a spectator to the true happenings of crime and injustice nor play the role of a messenger in reporting without verifying the real facts. – Dr. Chandran Peechulli. Marine Waves
Common-man fails to get justice, because of inefficiency or corruption of prosecuting agencies. “Always aim at complete harmony of thought, word and deed by purifying one's thoughts and everything will go well.
Sai. R. Venkatakrishnan. Marine Waves.
I am a hard-working honest ex-serviceman, with national solidarity, whose hard-earned land grabbed and being totally harassed and humiliated to give-up, while fighting-out for justice, in Bangalore City Civil Courts, Fast Track 2, incurring since 2004, further unnecessary money, time and efforts in the old age of 64 years, it is like de-moralising the loyal citizen like me, who once came forward to sacrifice my life, to defend the nation from external threats. Now put in a state of severe mental stress/agony, for no fault of mine.
Self, an aggrieved ex-serviceman had approached various civil authorities in administration, law and order authorities, inclusive of the ADC to His Excellency the Governor of Karnataka State, who responded to the Police authorities (Ref: The Principal Secretary to Governor, Raj Bhavan, Bangalore to the Superintendent of Police, Bangalore District(Rural) vide Ltr.Ref:GS930/D/2004 dated 11th May 2004, to do the needful and help, but all of vain. Shri. Rabindranath Tagore IPS, the then IGP, Bangalore(Rural), advised the appellant (ex.serviceman) to seek the court of law for justice and alas the assistance sought of Karnataka Legal aid Services and thus the suit was filed on 06.04.2004 with great difficulties, as the appellant had to be shunted to Chennai to collect all the original documents and submit to the court for suit acceptance, which was mandatory, resulting in further time, money and his efforts. In the meanwhile, the defendants filed counter suit O.S. 341/2004, against their elder brothers Thammayanna and Eranna, who had executed the sale by the 1983 G.P.A., Affidavit and received the Sales consideration, more importantly unfairly impleading the Appellant as Defendant No.3, for Partition of Sy.No.11/2, while the other flat owners twenty-eight (28) of them were left out, on the file of Civil Judge (Sr.Dn), but to harass and humiliate me, to make me fed-up and give- up. "Chief Justice of US Supreme Court John Marshall had once said: "Power of Judiciary lies not in deciding cases, nor in imposing sentences nor in punishing for contempt, but in the trust, faith and confidence of the common man".
India though densely populated and though there could be cut-throat competition within the legal profession, these days the wrong trend, is to look for short-cuts, make fast money unlike the olden days, while no receipts given for fees, to poor litigants by advocates. Advocates therefore collude, betray and harm their clients as well, clients put in a state of confusion, as to which Advocate to be approached, for sincere professional services, to know of the loyalty-rating, since well read and travelled person also suffers, if so, what about the common man? The same aggrieved ex-serviceman had very bad experience in attending courts, shunting between Chennai and Bangalore after incurring around Rs.50,000 with a senior advocate who colluded with the opposite party and later was constrained, to changeover for economy, back to the honest legal-aid advocate, Sri. Revanna Siddappa, though with shorter experience for his age, not bold to express, who started off initially the case, and now resting with the almighty god if exists, and your kind help for justice, using your good and high office.
There is no sprinkle of truth by the respondents, who had purposefully concealed the name of Eraih, father of Eranna and Kempiah, this suppression of facts need to have been seriously viewed by the honourable court, orelse it causes grave concern to the aggrieved appellant and their family members. It is an admitted fact that one signatory of the three, in the irrevocable G.P.A., by name Krishnappa son of late Eranna and the other two signatories Thamayanna and Eranna sons of Kempiah were the bonafide vendors of the suit scheduled property, who formed the layout, sold and received the entire sales consideration of the 30 sites and the possession was delivered by the said karthas of the family, for the benefits of the said family members. The Respondents/Defendants, were therefore also beneficiaries during 1983-84, as such the respondents have delivered the possession by way of G.P.A., Affidavit and receipt of the Sales consideration. The Appellant is in possession till the year 2000 by way of G.P.A from 1983 and thereafter from 2000 by way of Sale Deed. The possession of the suit scheduled property is in continuous possession without any interruption till the illegal trespass and illegal occupation by respondents by pulling out the stone pillars installed and connected with barbed wires fencing all the sides of site 8 and 9. The Respondents had denied all this with an evil intention to knock off the property, since the appellant was residing at Chennai, rest of the site owners being local residents were not disturbed nor made a party, in the suit scheduled property. Further, delay tactics applied by adjournments, and involving me alone in the partition suit(O.S.341/04), thus all harassment and humiliation meted out by the appellant only. Justice informs only the counsel can talk, appellant has no say.
It is an error to hold that there was a temporary injunction against the Appellant /plaintiff regarding the possession of suit scheduled property during the pendency of OS.365/2004, while not considering the ex-serviceman’s hard-earned land, which was encroached, site boundary fencing pulled out forcibly and illegally taken possession. Despite “status quo” announced in the court hall, the respondents went ahead finishing and modifying the katcha shed when appellant said unfit for human living, since no ventilation itself except an unfinished door, who then fabricated the revenue records, appears taken the electricity and telephone connection, during the pendancy of the case, adding to further crimes. Please view photographs taken and submitted in the court-hall, during the initial stages, which would be self-explanatory as the proof of evidence. However, owing to their high-handedness by money and muscle-power they continued giving different versions, fabricated and frivolous statements, altering land records by cheating and misappropriation, with specialised advocates to falsify the truth. The real owner (aggrieved litigant) only knows, as to how his sentiments are hurt adding to expenditure to meet court hearings, efforts and further incurrence of money, since 2004. Lacks systematic enquiry and evaluation of evidence.
It is most humbly requested, to please use your good high office to give me justice so that my land is officially returned to me, thereby the culprits are severely punished orelse it is like encouraging the criminals to grow in society seeking easy and fast money. With respectful regards.
Yours respectfully,
(Sd.)
P. K. Chandran, * sent by postal-mail as well.
Complainant and owner of land.Ex-serviceman and Senior Citizen.
Submitted copy of written argument.
Relevant media news of D.G. of Armed Forces,New Delhi.
Set of photographs-taken when Tavarekare Police ASI., stopped the construction work and drove them away.
Address: “Kaustubha” B1/2, No.12th Cross Street, Besant Nagar, Chennai-600090.
Phone: 098400-84216, e-mail: pkc484@yahoo.com
P.S. PLEASE HELP! HELP! EXPRESSING ALLEGATIONS – JUDGEMENT OF BLIND BIAS.
*AVAILING LEGAL-AID SERVICES. Judge never entertains, voice of the aggrieved litigant. Cannot afford expensive lawyer.
TO OPINE ON THE TRIAL COURT ORDER, WHICH IS APPEALED AS “ENCOURAGING CRIMINALS TO GROW & PILING-UP OF CASES IN COURT”, WHEN ALL THIS COULD HAVE BEEN NIPPED-UP, INITIALLY IF LAW & ORDER WAS AFFECTIVE.
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aisha
01 November 2010 at 10:36
I need case laws/finding on domestic violence act for maintainance and compansation for mental torture/ harrasment. Plz provide
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Maharashtra VAT
In case of a Ltd co. if there is a motor car in the balance sheet which is sold, is MVAT payable? and at what rate? If yes, then why no set off is available? Does it not amount to double taxation? When I buy a car it is MVAT paid, I am not getting any set off, and when I sell am paying VAT again? Will it make any difference when it is a case of individual?