davy
10 July 2018 at 15:47
Sir is Doctrine of Proportionality is valid in Indian Courts ?
what is the brief meaning of this Term Doctrine of proportionality?
and we have a case of paper leakage in haryana which was dismissed by single bench and Now LPA has to be filled, as per the vigilence report their are only 2 tainted candidates found in the investigation out of 205posts.
Can this Doctrine of Proportionality be applied in this case by Double bench in LPA
pranab majumdar
10 July 2018 at 15:39
We the landowners were waiting for our flat for long time as per agreement.Now the developer is ready to give us the flat. Possession letter should bear the flat number or not?
pl.advice.
Anonymous
10 July 2018 at 14:39
Dear Experts,
Kindly suggest me your opinion in the below case. I would like to know the merit of "B". Thank you.
CASE HISTORY :
“A” sold immovable property of agricultural land survey no. 1, 2 and 3 to “B” through a valid registered sale deed in the year of 1983, in the state of Andhra Pradesh.
Later on 1991, by undue threaten force by “A”, “B” agreed to sell the same immovable property to “C” (by threaten of “A” & “C” together). While drafting the sale deed “C” dictated the document writer to mention survey numbers as 1, 2 and 4 (mentioned no.4 instead of actual no.3), and full sale consideration was received by “A” (third party) and the same sale deed was registered with SRO, by signing “A” as 1st party seller & “B” as 2nd parity seller.
FACTS OF CASE :
1. While drafting sale deed, “C” mentioned “A” as first party to the sale deed, signed and registered document accordingly. “B” (legal owner) also signed on registered sale deed as 2nd party.
2. As per registered sale deed, complete consideration received by “A” (ex-owner alone), a third party where he has no legal rights on property.
3. In the said sale deed, none of the sellers have legal rights to sell on survey no.4. “C” wrongly mentioned survey no.3 boundaries to survey no.4 and got it registered with Sub-Registrar (survey no.3 not sold).
4. By fabricating documents and bribing to Tahsildhar office staff, “C” got mutation on survey no.3 (which is not legally sold & not registered in favor of “C”) instead of survey no.4.
5. From 1983 to upto date “B” having EC on his name for survey no.3 along with sale deed. But “C” is having illegal possession of the immovable property.
6. Tahsildhar office staff given endorsement to “B” to approach Civil Court when “B” applied for mutation & pattadar passbook on his favor for survey no.3 (which is illegally recorded on “C” name in revenue records now).
7. With corruption, “C” got mutation and pattadhar pass book from Tahsildhar office without having registered sale deed / title deed for survey no.3.
8. Tahsildhar not verifying the title documents and not doing legal act. He simply endorsing “B” to file a civil suit on “C”. They have given illegal mutation & pattadhar passbook to “C”, by considering “C”s illegal possession.
NOW THE QUESTIONS ARE :
a) Can “B” file a suit for NULL & VOID Contract case for entire sale deed which got registered in favor of “C” (i.e. for survey no.1, 2 and 4) in the year 1991 (around 26 years now), based on the ground that no consideration received by “B”, and “A” have no legal rights to sign the sale deed as 1st party seller & to receive entire sale consideration alone from “C”? If yes/no, under which Act & Sections/Provisions?
b) Can “B” file a case to get transfer mutation & pattadhar passbook in his favor for survey no.3 for which he have update of EC & sale deed in his favor (after 35 years from the date of registration)? If yes/no, under which Act & Sections/Provisions?
c) Can “B” file a private complaint to get the property into his possession which is almost 26years under illegal possession of “C”? If yes/no, under which Act & Sections/Provisions?
d) Is there any supporting case laws for all of the above situations?
e) Is there any other legal remedies in this case in favour of “B”?.
Ravindra Tribhuvan
10 July 2018 at 14:14
Dear Experts,
Please advice on following case.
My client received an award from Arbitrator that you will get the amount invested with opponent with bank rate of interest. If the Opponent fails to make payment to my client. They we are planning to approach NCLT for recovery. There are some other creditors also want to recover money from the opponent in this case how would my client interest can be secured as My client only the person who went though the complete legal proceedings and got the Award from Arbitrator.
Regards,
Ravindra T.
Anonymous
10 July 2018 at 14:13
Hello Sir,
I resigned from my organisation recently after working with them for 8 years. Out of 8 years, I worked as full time employee for apprx. 7 years and part-time employee (i.e. 3 days a week) for 1 year.
For computation of gratuity, my last drawn salary has been considered as the one on pro-rata basis i.e. 3/5 of original salary. Should my last drawn salary be computed on entire base because, I otherwise worked full time for majority tenure and my basic salary has otherwise reduced due to part-time in last one year.
Can you pls. advise urgently as I m still few days away from my last working day and the loss of gratuity amount is significant.
Anitha More
10 July 2018 at 12:58
Dv complaint has filed by brothers wife sec.12.of dv act now can I file caveat ,kindly guide me. Anitha More.
davy
10 July 2018 at 11:36
sir we have a service matter case related to new appointments in Haryana State. Few people filed CWP wich was dismissed by Hon'ble judge and I was not the petitioner in CWP. but now they are filling LPA . As I was not petitioner in CWP, is there any legal way that I can Be a Petitioner in LPA??
Sachin
10 July 2018 at 11:26
Sir i have suspended from my bank in last 25th may 18 due to fraud. I am scale 2 officer. I received suspension order as below..... He has allegedly committed fraud on the bank during his tenure as officer at regiinal office by allowing crediting of varoious amt of rs 87631/- in one fictitios ac, in the name of Payment of CSP Bills/ incentive during the period from 20.11.15 to 21.6.16 and later transferring the entire balance of this ac into the account of his own family member through neft. Whereas the alleged fraudulent acts on the part of staff are quite serious in nature warranting his immediate suspension from bank's service. Sir please advise me what should i do... 1. Yes sir i did it, due to Transfer frustation. And i acepted it in written. 2. I dont received anything else yet now,whenevr i tlk to office they told me,"be wait". 3. How much penality i will face..? 4. What is the possibility of my job.. 5. I want to resign my job... Tell me the process i have to folllow... Dear Sir, please advise me, i am 35 yrs old married guy and verry much distrb. I eas verry recongnise staff bt i dnt know why i did fraud... Im feeling very much guilt.
Ranjit Ghorpade
10 July 2018 at 11:19
My family members are share holders of a pvt ltd cinema theater company can we buy this property and demolish the theatre for construction of new project
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Consumer court forcibly took apology letter from me
RTI Application of mine did not get dismissed. On the contrary. The judge who took reply from OP after 90 days told that he will transfer my case as I pointed finger at him through RTI query.
He said that if he transfers the case to some other court, nobody will decide my case.
He took from me forcibly in writing a letter of apology.
Later two goons took me and my wife forcibly to the registrar DCDRF room where I was made to sign forcibly that I am withdrawing my RTI application. They not only took my sign and also took my wife sign and gave back my IPO.
Now what to do?