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sanjay   11 January 2010 at 17:50

Developer not providing Partnership Registration No.

Ours is a Co-op. society registered under the Maharashtra Co-op.Societies Act 1960. There are 20 chawl type structures running commercial activities. Recently, the society has agreed to go for redevelopment, for which a Developer (a Partnership firm) has been appointed. The draft of the agreement deed has been prepared, but is yet to be signed by both the parties. Now, in the Agreement Deed, the Developer has not mentioned the Partnership Registration No.of his firm. However, the Partnership Deed has been attached with the Agreement (Partnership Registration No. not mentioned). Can this in any way be detrimental for the interest of the society? If so, how, and what is the remedy to this. Kindly advice on this.

shantanu dekhane   11 January 2010 at 17:37

evidentary value of amicus cuarie

whether opinion of amicus curaie is binding upon the courts.

Dhruva Shah   11 January 2010 at 17:18

Stamp Duty & Registration

Dear All,
I would like your help in the following case :

A Flat was purchased through auction from a Semi Government Company (2nd party) say in 2007.For Stamp Duty & Registration purpose it was put to adjudication in the end of 2009.

Which Stamp duty rates shall apply? 2009 or 2010?

Should the sale value by the 2nd party be considered final for the purpose for stamp duty valuation ?

Please reply ASAP.

Your help will be deeply appreciated.

Thanks & Regards.

Anonymous   11 January 2010 at 15:54

one sided divorce to woman

A woman aged 35 is staying with her husband with 2 daughters of 13yr and 5 yr old along with her mother in law. Some times her husband scolds her badly and beats children for no reason. She is suffering from this and her health is also not supporting her to do every work. She is alone doing all house work and giving tuition in the evening as they are having money problem. Now she wants to live separately. Can she stay with other man or get married without divorce? Is she face any problem or the man with whom she stays face problem?

Anonymous   11 January 2010 at 15:37

right to information act

want to know to what extent the R.T.I. Act is applicable to NGO.what is substantially financed? which information to be given?

Anonymous   11 January 2010 at 14:55

for granting injunction against govt. court fee & other

whether it is mandatory to submit the valuation certificate issued by the subregistrar in the court? and 2 different court fee shall be paid for injuction and title over the suit schedule, which is government land?

shrikant chede   11 January 2010 at 14:29

arbitration

in which court the arbitration award can challanged

sonam sarin   11 January 2010 at 14:24

Employment Bond Problem

Dear Experts

My query pertains to Employment Bond.

"A" was appointed in a IT company as IT executive (clerical) and was asked to sign a Bond - wherein it was inter-alia mentioned that, in case "A" leaves job within 6 months of Joining- A will be required to pay two months Gross salary to the Company (in respect of which the Company took two post dated cheques from "A" in respect of the salary dues).

Now 'A' left the job within 01 month of joining as she did not found Company environment to be good for girls to work.
(long hours of work, depressing environment etc).

Now "A" do not want to pay the money to Company but has issued two post dated cheques

I request following answers:

1. What is the legality of such Employment bond and the negative covenant contained in such bond pertaining to two months gross salary?

2. Can "A" escape payment liability under the Bond specially when A has issued post dated cheques?

Awaiting your reply.

Thanks and Regards
SONAM









M.K.DIXIT   11 January 2010 at 14:22

Forum for challenging vires of law

If I want to challenge the vires of a service rule contained in the IAS(Pay)Rules,1954,can I file an application before the CAT or will I be required to move a writ petition before the High Court? What is the position after verdict of the Apex Court in L.Chandrakumar's case?

Anonymous   11 January 2010 at 14:22

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.?