bala
18 July 2017 at 10:52
Respected sir / madam,
My relative sister was death by road accident. we don't know who made by the accident. Police fir also no identitycation of vechile.
Question:
1. Police will get the who done the accident? Or not.
2. If not know the accident person how will it close the case.
3. We have doubt of her husband but we don't have any evedance .
My doubt is it is a planed accident.
4.now her husband arrange the second marriage.
5. Court what will say ?
Thank you
chandrasekhar
18 July 2017 at 09:11
I am residing in a municipality site. The third party created a document as if she purchased the said property issued notice under section 106 of Transfer of Property Act and and filed rent control case before the tribunal for evicting me as if i am her tenant. I have neither paid any rent to her nor any agreement between us. whether petition before rent control is maintainable or suit for eviction is required
Anonymous
18 July 2017 at 02:36
Sir,
please share your opinion . And guide in following matter. :
For an Agricultural, Juni Sharat Land in a village of Gujarat,
On making application to get a copy of Hakpatrak Nondh in Gaam Namuna No. 6,
the land owner 'A' receives answer from Mamlatdar Kacheri, that : ''The page on which that particular Nondh was written , is torn and now not available anyhow.''
Thus, Hakpatrak Register has not that Nondh available and besides, in Village Namuna No.7, his land is being shown in the name of any other person 'B'.
That other person 'B' has got his name in this land after death of his father. And that other person 'B' has taken loan, too , on such land.
The Nondh , by which this land was transferred from A's ancestors to the other person B 's ancestors, is not available now in Mamlatdar kacheri.
These land is gone in the name of any other person 'B', without any notice to 'A'. No any notice is received to 'A' himself or by his father in past, for any type of name change or for transfering the ownership.
QUESTIONS :
(1) What can 'A' do now, to get his land back in his own name ?
(2) How can 'A' prove his genuine ownership in such land ?
(3) On which basis, justice is given in such cases?
(4) Is any possibility there, to get A's ancestral land back in his name ?
(5) Is there any particular legal procedure for such cases ?
Please, guide.
Thanks.
Member (Account Deleted)
18 July 2017 at 01:49
Transfer of tenancy under the Pagdi system
Dear Sir/Madam,
I have few questions for which I seek legal answer, your advice will be highly appreciated.
My father passed away last year leaving our mother and three daughters. He had purchased a room in 1995 in my mother's name, in South Mumbai, on Pagdi System, which is now given on rent with landlords permission, in return of paying him one months rent every year.
My mother is currently living in Thane and managing her expenses from 10k rent she receives from the said Mumbai room. We all three sisters are married and living with our own families.
My mother have few concerns, therefore my questions are:
1. Is it right that in case of the original tenant's demise if the property is on rent, the heirs have no right and the landlord can refuse to transfer tenancy to heirs and just takes over the property? If not then what can happen to the property after my mother?
2. Can the landlord reject the request to transfer the tenancy in any one or all three daughters names during my mothers life time.
3. What maximum percentage of transfer charge landlord can charge in case if he agrees to transfer the tenancy to any one of the daughter, or all three of us during my mothers life time? Will it be the same as we sell to outsider or will it be concessional?
Please answer the above questions and advice the best solution of this issue.
Many thanks.
sanjeev
18 July 2017 at 00:21
If a child is adopted 34 years back and on most of the identification documents of the child name of the adopting parents appear. The adoption deed is not registered. Now adoption deed is missing. What is the status of the child
Siddu S
17 July 2017 at 23:27
Dear sir, I am planning to open Sukanya Samruddhi yojana IOB my daughter and spouse name jointly and I will be remitting subscription monthly to this account. Under this scenario shall get rebetion for subscription amount under 80 C or do I need to be joint holder in order get rebate?
Thank you.
Santu
17 July 2017 at 22:49
I have missspropiate some govt money like rs 7500 due to error in account. I was suspended and then dischage me from duty. the post was casual in nature. I refunded money to government. I took place in july 2008 and repaid in 2008 but a FIR was registered in December 2009 and case us 420 was registered. My office was in under other police station station and my residence was under another police station, I never knew about the case suddenly in June 2017 I came to know that a case was registered and NBW is issued against me. What to do now1.According to charge sheet that Prima Facie is established but FIR lodge after one and half year without explaining proper explanation so it may indicate that there is vested interest of compliant.2.I assumed to not have hurt anyone physically, mentally,4.I never came to know about the proceeding as it might be the address which is mentioned F.I.R is not correct as my permanent and resident address available to compliant. Thus I am pleading that I was not absconding or evading the process of Law.5.I was not given any summoning by court or police, notice or any bail able warrant before thus I was deprived of any chance to defend me in the court. I think it is a violation of individual liberty granted under Article 21 of Indian constitution.6.Chance of my absconding of fleeing away from justice is nil as I am Assistant Teacher under Govt. of West Bengal my post is permanent in nature. Moreover I am married with two children one girl age, 14 other a boy age four and half years and a widow mother aged 59 to look after. I am a permanent resident of India and I do not have any passport. 7.Like hood of offence repeated is nil as I am not in same post.8.Investigation is completed and charge sheet submitted so there is no question of interfering in investigation.9.Possibility of tampering of witness is zero as I never came across the mentioned witness and not witness had complained in this regard.10.In charge sheet there is no mentioned that I would be required of any kind of custody for interrogation or any object is too recovered from me.11.I am having good antecedent and belong to good family and there is no criminal case is pending against them. Neither they nor I was convicted and went imprisonment before in any criminal case.12.Now I am a man of good moral and behaviour is good. My present service record is very good.Please help me in this matter. can get ab?
Swati
17 July 2017 at 20:51
I won a service matter case in CAT. 4 weeks time was time was initially given to the department for implementation. However they filed an MA seeking two months extra time for order implementation. They were granted this time and my contempt notice was kept in abyence. Department committed in CAT twice to implement the order. Meanwhile they are planning to file a writ in high court before expiry of two months.
Please let me know that after giving statement in CAT to implement the order, Can department go for writ or whether this writ is acceptable?
inderjeet
17 July 2017 at 20:06
Case is on stage of workman evidence and affidavit tender and list of witness filed for summoning. On date respondents did not cross and submitted application for dismissal of reference on point of jurisdiction. Respondents although mentioned point of jurisdiction in their written statement earlier and rejoinder was filed that case is within jurisdiction. Now judge ordered for reply to be filed on respondents application. My query is that I am contesting my case at own due to financial constraints and have no other income source. Please advice me that when case was on workman evidence how can respondents filed such application at this stage and what can be done.
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Citizenship if a person acquires foreign passport as a minor
A person was born in India in 1955. The law is clear that they automatically become a Citizen of India by birth as per Section 3(1) of the Citizenship Act, 1955. The child’s parents were foreign citizens at the time, but the law is again clear that this has no impact on the child’s citizenship status.
The child then acquired a passport of a foreign country and travelled out of India while still being a Minor. My understanding is that minors acquiring foreign passport does not constitute voluntarily acquiring a foreign country’s passport, therefore they continue to be Indian citizens. Is my understanding correct?
That child continued to hold the foreign passport even after becoming a major at the age of 18, and never expressly renounced their citizenship. However, the Central Government never made a determination under Section 9 (2) of the Act in this person’s case. Does this mean the person continues to be a Citizen of India?
I have studied an article on this forum which cited the case law Bhagwati Prasad Dixit vs Rajeev Gandhi AIR 1986 SC 1534, which seems to support the view that unless a determination was made under Section 9(2), citizenship is assumed to continue.
Am I correct in this interpretation?
I welcome any counter arguments and references if any. Thank you!