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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Dr Sangh Mittra   21 April 2016 at 00:43

Notice under section 4(1) of the land acquisition act 1894

Sir,
Was it mandated/ necessary/required for the Land Acquisition Collector to serve personal Notice by name upon the registered Landowners in an area where the Notification under Section 4(1) of the Land Acquisition Act 1894 was issued?

In Md Shafi case the Hon'ble Court has held that the purpose of Section 4(1) Notification is to awaken the Land owners likely to be deprived of their lands of their rights to file objections to the Land Acquisition as to the Public Purpose qua their pieces of individually owned land?

What was the legally acceptable method UNDER LA Act 1894 , interpreted by the Courts, of informing the Land Owners who were not the residents /nor inhabitants/ nor hadany relations nor any one staying on their piece of Land; in the area where Land Acquisition process was initiated and objections were required to be filed within 30 days?

What would be the legal position qua a Landowner's individually owned piece of Land when he could not file objections on not being informed/ nor intimated being in Central Govt Service staying far away from the locality where hi spiece of Land was situated; if the objections were duly filed by the Secretary of the House Building Society ( a society which had never purchased the land , nor owned the Land and was voluntarily comprised of individual title plot owners with a tentative lay out plan ) and such a Secretary was given the hearing by the Land Acquisition Collector and as a result thereof Land Acquisition Collector had recommended that "an officers colony is being developed", "filed jointly for release of land" and under Section 5A made report that the land be exempted from inclusion in Section 6 declaration? If in the said Report of the Land Acquisition Collector the khasra numbers of individaul land owners were duly mentioned and situated in the tentative lay out plan of the Society.

What would be the consequences if Land Acquisition Collector who had prepared the Report under Section 5A was transferred and the Joint Site Inspection Committee with the Successor Land Acquisition Collector undid the recommendations of the transferred out Land Acquisition Collector?

What if the State Government while considering the Report of the Land Acquisition Collector and that of the Joint Site Inspection Committee chose to accept the Report of the Land Acquisition Collector only expressly in file noting in which the piece of Lands of individaula land owners in the Society had been excluded from declaration under Section 6? In other the proposal of the Land Acquisition Collector to exclude land was proposed to be accepted and was accepted.

What if in the Declaration under Section 6 only the recommendations of the Joint Site Inspection Committee were only reflected which were in contravention to the recommendations of the Land Acquisition Collector and in contravention to the approval of the Government of the State.

And could now the Respondents State, Development Authority and Town Planning all say by an affidavit filed by the Land Acquisition Collector on the filing writ Petition , on the representation to the state to release my land having been rejected that since the individual Land owner had not filed objections he could not challenge the same?

Kindly advise.

With Regards,
Dr SM
drroshnijustin@gmail.com

Harpreet singh   21 April 2016 at 00:35

Just information

Respected sir/madam ji.im facing a fir u s 307,302,148,149,ipc nd arms act...can i tell in hindi about my case.

muzeeb ahmad   20 April 2016 at 22:46

Compromise in 498a,323,3/4 D.P act

Sir my sister has filed a FIR under section 498a,323,3/4,DP act against her husband and in-laws.recently chargesheet has been filed by police under above sections.but still has not submitted it at court. Now we have arrived at a compromise with the opposite party.now I want to ask you whether it is possible to file Final report by police with our consent so the case may be settled at police level itself without going to court,as we have arrived at a compromise and don't want further delay in all this mess.but if it has filed in court then how much time we will have to wait for all this to conclude.and please suggest which way is better for us,through police or through court.please help

vamsi   20 April 2016 at 22:36

Imp judjement

Absconder -Proclaimed offender - Accused failed to appear before court Wife and children refused to give his whereabouts. In such circumstances accused has to be treated as absconder accused left country even then he is absconder. 2003 (2) CTC 17. 
I got this for the absconder in ni act. Any advocate can please provide full judgement. Thank you

bhavesh kumar   20 April 2016 at 21:47

quashing of 498-A on mutual concent basis

Sir, I wan to know that 498-A can be quash in the High court only on the basis MoU between both the parties. Pl. Give me format of MoU for quashing 498-a on my email. thakurbhavesh1982@gmail.com

Sarika   20 April 2016 at 21:23

Need to take custody of a person against whom nbw is issued

Hello Sir,
With the forums help I have been able to assist my friend in her matter of cheating done to her.

The accused has a NBW issued by the court in another matter, he wil be bought to Karnataka from his current place of residence Mumbai.

We want his custody to be taken later by local station where we have filed a FIR under Sec420 and others, against the accused.

Could anyone suggest the way to take custody of the said accused.

1-Do I need a Body warrant to take custody of the accused.
2-How do I get the same.
3-Can police issue it or I need to go to the court.

Kindly help .
Sarika

ramesh   20 April 2016 at 21:02

Tenant rights in india

Hi, me and my family, living in a house for more than 20 years. Now landlord asking us to vacate the house, but last year when we came to buy the property. He said , I will sell the property to you for market price and then after a year has passed now he denies to give. He is saying now I won't sell this property to you . So should vacate as given time.

Please help us is there any laws/ process that we could buy that property and from landlord torture. .
And we can do utmost to live peacefully.

And the landlord who is nothing but my Paternal uncle .

Thanks to all...

Anonymous   20 April 2016 at 20:58

Divirce

Hi
I m muslim married to hindu
I m been mentally tortured by husband everdqy since married.
We stay with his parents,they r ignorant about our daily fighta.
From past 3 years,my husband hasnt given me any share for my expenses.
Also he didnt register our marriage for first 2years,just registwred under special act in Nov'15
Because i too work and dont contribute monetarily as i have maternal debt to clear.
I m looking forward to be apart.
I cant handle stress anymore.
Plz guide me with divorce procedure

yogesh   20 April 2016 at 20:45

Written submissions can be filed before admission of matter?

Sir,
Now a days, many NGO's, Assoications, organisations file the SLP, Writ Petitions and even intervene the matters before the Supreme Court of India and also file the written submissions before the court
My query is whether written submission of any SLP, W.P (C) is permitted before admission of the case?

Keshav Ramaprasad   20 April 2016 at 19:34

Acceptance of u.k.succession certificate i

Dear Sir,
My friend is a British National of Indian Origin. His wife also a British National died in London. She had only few shares in an Indian Company in her sole name. She died intestate. He is applying for a succession certificate in London and under English law he shall inherit the shares as their value is much less than GBP 250,000.
My question is if he produces this certificate to the Registrars of the Indian company will they accept it and transfer the shares?
What is to be done for the certificate to be made acceptable in India?
I thank you in advance.
Kehav