Puneet Sharma
31 January 2015 at 19:30
Dear Sir/Mam,
I am Law Graduate and i am practicing in Taxation,i want to do the Company Secretory Course with Practice as an advocate .can I Do or Not.
Thanks
PRAKASHCHANDRA MARU
31 January 2015 at 17:33
Hello all learned,
there are many persons in the same land having their part in the land as heirs now they all want to make entry in the revenue record but question is that the some heirs are not found due to the settle at the abroad
now for the make entry the name should be mentioned before talati and question is that we do not know the residence address of them
is there any provision to for that to inform them ?
PRAKASHCHANDRA MARU
31 January 2015 at 17:27
Plaintiff has two brothers and two sisters. Single sister and single brother have been expired. That plaintiff has lodged the suit to enter the entry in the revenue record name of him. Plaintiff has joined as defendant sons and daughters of his deasead brother and sisters.
As per the averment of plaintiff when land was allotted to his brother plaintiff was minor and his father was alive. that time land was used to cultivate with the deceased his deceased brother and his deceased father. As the family of plaintiff was joint hindu family so as administrator of Hindu family the said land was done in the name of deceased brother of plaintiff because on that time he was minor. Deceased brother of plaintiff was major so entry entered in the name of him under the instruction of father of plaintiff.
After the receiving the said land and passing the 30 yetars father of plaintiff got death.Accoring to distribution of the family plaintiff got 50 % land admeasuring area of land bearng hectare are 2-13-97. This matter was decided by plaintiff and his deceased brother. As per the mutual under standing plaintiff taken possession of the said land and from the date of the taking possession plaintiff and his deceased brother used to cultivate the land as separately.
As helath was worst of the brother of plaintiff so plaintiff not demanded to enter any entry in revenue record because the implication was taken place practically as per the family distributation.so no any entry was made in the revenue record. Another reason was that there was the obstruction that the land was new condition so it was not possible to do any thing in the revenue record. So was postponed to make any change in the revenue record. Then after brother of plaintiff got death so no any revenue procedure taken place.
As brother of plaintiff got death, After death of brother of plaintiff, plaintiff demanded to deliver the land to his heirs as per the distribution but the market value increased so heirs of the brother of deceased does not execute the sale deed of the said participated land and also not adopt any procedure so the name can be entered in the revenue record. At present the possession of the land is with the plaintiff and plaintiff cultivates it.
There are three schedule shown in schedule.
Schedule -A Schedule – B Schedule -C
4-43-13 whole land 2-13-97 half land 2-29-16 non cultivated land of defendants
That after the death of brother of plaintiff heirs of his deceased brother got entry in the name of them. On the base of the said note heirs of deceased they got loan for agricultural purpose from the bank and the said amount use for another purpose so it was come to knowledge of plaintiff so cause of action arose for the present suit and demand relief as here under stated.
RELIEF /PRAYER
(a)To Held that plaintiff is sole owner and possessior of the land which is shown in schedule B
(b)To Held that participate the land from the land which is shown in schedule A and draw primary and final decree in the favour of plaintiff
(C)To Held that plaintiff is sole owner and possessor of the land which is shown in schedule B
pls give guidance
regards
sunil
31 January 2015 at 17:04
Below is a communication from one leading ONLINE Sales portal on the issue of who can sell or can not sell any brand/product:
"In order to remove other sellers from your brand, kindly share any of the below mentioned document:
Point 1. In case the brand name is your own private label.
If you have registered your brand under Trade Marks registry, kindly share the TM document. We will check the status of the document and will update you accordingly. If you haven’t registered your brand yet, you have to get in touch with your legal advocate to register your brand logo with the Controller General of Patents Designs and trademarks Govt of India. You have to select the relevant trademark class or TM Class according to the products which the brand will sell.
Link - http://www.ipindia.nic.in/
Once you apply for the registration for the brand logo, you have to provide us the scan copy of the trademark application.
After verification of your trademark, the brand rule will be created on the brand and other sellers who get mapped to the supc bearing your brand name will be removed automatically.
Point 2. If you are an importer or you source goods through the manufacturer of the brand directly
Manufacturer has to provide a document on it's company's official letter head stating that it is authorizing you to sell the brand's product on e-commerce channel
Point 3. Exclusive Marketing Letter
Document received directly from the brand itself, stating that you are it's online sales partner.
Once we get any of the above document, we'll create a brand rule for your products so that no other seller without permission can sell this product."
My question: 1) Is there any law / rule under IPR or otherwise which can restrict a trader having trade license (Trader Enlistment) & VAT/CST registration No. to sell a product (Tangible product) available in the open market for resale/trading? 2) Under which law/rule this is legal for ONLINE Portal to restrict some one to sell a product without authorization from a vendor/distributor?
Looking forward for your advice.
Thanks
ckanta
31 January 2015 at 16:03
I have acquired one property by way of registered gift deed from my mother in year 2000 and she had acquired the property by way of registered relinquishment deed executed by me and my brother in 1991 and that property was acquired by my father from L&Doffc. In year 1960 and he has died intestate in year 1990 and in 1991, 2 brothers and one sister relinquished their right in favour of our mother. however me and my younger brother along with our family are residing the property jointly since long .The elder brother who is not residing in the property has filed suit for partition and possession against me and my younger brother and claiming 1/5 share on the basis of Mutation carried out in the name of him and me in L&D records as property stands 4/5 in my name and 1/5 in name of my elder brother. My younger brother has taken plea of adverse possesion in his defence and also challenge the validity of RD and GD and burden is on me to prove the same. I have already examined witness and Sub registrar in my evidence now when my defence evidence (d-1) is about to close he(def-2) has moved an application for amendment of relief clause of his WS under order 6 rule 16 and prayed that Relinquishment deed and Gift deed is declared void and illegal and he is supposed to be declared as owner of the share in his possession on the basis of adverse possession. Can he amend his pleadings after the commencement of trial and he is claiming declaration of ownership by way of adverse possession and also claimed to declare his share in remaining property as one of the legal heir. what are the prospects that he will succeed in his plea. Would he be succeded to amend the pleadings. As in this way he is trying to change the nature of the suit.and trying to get declaration without filing any suit and My gift deed and Relinquishment deed are registererd docs.he has not filed any suit to challenge my registered docs. Is adverse possession applicable in joint family property I have allowed my brother to live in the property as a licencee after Gift deed also but now i have also filed a separate case for eviction against him from the property but he has taken a plea that he has not executed any relinquishment deed voluntarily and no gift deed is executed and he is residing in the property since 1976 and he is claiming adverse possession in the property as he is having separate meter in his name and possession for so long.
Sir please tell whether Adverse possession is applicable here and whether Def no 2 can crossexamine defendant no 1 witness as defendant no 2 has said that he has not executed any Relinquished deed and no Gift deed has executed thereafter. Defendant no 2 has moved an appliaction to seek permission to cross examine defendant number 1 witness. Is it allowable.
Thanks
Rishabh Bordia
31 January 2015 at 15:27
can we file a fresh/new suit in india when the foreign ex-parte decree passed by a superior court of a reciprocating territory is inconclusive under sec.13 of cpc
Kiran
31 January 2015 at 15:17
Even name calling comes under DV act.
So by what name husbands need to call thier wife.
neha
31 January 2015 at 15:11
Dear sir/Madam,
I have a query regarding Rent Paid in Advance.
Suppose a person has paid two months rent in advance 6 years ago.
At the time of payment monthly rent was Rs.3500,Now the rent has been increased to Rs.5000.
My question is, is the Landlord has any right to demand excess rent at the time of vacate?
I mean current monthly rent is Rs.5000,Two months rent=5000*2=Rs.10000
Advance in his hand=3500*2=7000.
Now can he claim Rs.3000 in excess i.e.(10000-7000)?
S. Fernandes
31 January 2015 at 14:39
Dear Sir's,
The Court has attached property under R-54 of O-21 in executing proceedings.
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Property sold fraudulently
We have some land in a plot(Dag) in Dist: Burdwan, Block: Pandaveswar,WB registered in three different Khatian(folio) namely K1-5 in firms name, K2-2 in Mr A and K3 -2 in B's name.
Mr A, B, C & D are partners in a firm.
Mr A & B are own brothers. C is son of Mr A and D is son of B.
A new partner Mr E grand son of Mr A was introduced when Mr A died intestate in year 1986.
After the death of B in year 2009 the dissolution or new partnership deed was not made till date for the firm.
We all are in business and reside in Kolkata under same PS.
In year 2008; D sold the land K1-5, K2-2 & K3-2 by appointing an attorney to sign sales documents/deeds on B’s behalf using his father's name (B) as seller.
They made 2 sale deeds where B is selling portions from firm’s land K1-5 by declaring Mr A as a bachelor and without heir when he died in 1979.
3rd deed is where B is selling portion of land from K2-2 & K3-2 and 4th deed where portion of land is from K3-2 & K1-5.
In every deed the seller B is shown as owner and or successor of the property of his elder brother / partner.
Two new buyers have already mutated their deed in Mouza : Nabagram and remaining portion of land is still stands in the name of K1-5 in firms name, K2-2 in Mr A and K3 -2 in B's name.
My queries:
What actions Mr E and C can take against D, new buyers and the attorney?
Will it be a criminal case or a civil case?
Under which sections case should be filed and where?
What documents will be needed? Do we have to file FIR?
Please guide.