Devajyoti Barman's Expert Profile

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Manish says : Compromise for FIR u/s 452
Naveen reports an FIR u/s 452 IPC against Sandeep, Amit(both brothers) and their father Shyam. No such incident took place the reason for filing the FIR was partition suit pending in court between father of Naveen and Shyam. Finally, the court passes a decree and judgement for partition which is agreed upon by father of Naveen, Shyam and Shyam himself by signing in presence of judge. In decree of Civil Suit for Partition it has been mentioned that Naveen would take back the case u/s 452 pending in the court. To proceed with the petition is filed in high court u/s 498 for compromise and afidavit of Naveen attached for compromise. Now, Naveen is not appearing in court and is not ready for compromise.? Naveen has not signed on any of documents or partition deed in the court. The statement before the civil court is by Naveen's father and he has appeared as witness also in case u/s 452. But yes, Naveen has signed on Ekrarnama wand (Pertition Document) based on which the civil court has passed the degree and judgement. What’s the remedy available to Sandeep, Amit? Can the court dismiss the case? Is appearance of Naveen necessary? Can Court quash the FIR without hearing Naveen? . Can Sandeep, Amit or their father file any kind of suit in civil court?. Wiating for your reply. Thanks

RADHE SHYAM JHATWAL says : ABSORBPTION OF MRO IN ASSOCIATESOF SBI
DEAR SIR MYSELF RADHE SHYAM AND DOING JOB IN SBOP AS MARKETING & RECOVERY OFFICERS (RURAL) ON CONTRACT BASIS SINCE FROM 22.10.2007 WITH RENEWAL ON 22.10.2009 FOR 3 YEARS. THIS POLICY AND POST IS STARTED BY SBI IN 2005. ONE DAY ON 14.07.2010 SBI DECIDE TO ABSORB TO THESE OFFICERS AS REGULAR CADER AND IMPLIMENTED THIS AS ON 2.08.2010 BY GIVING JOINING LETTER,BUT SAME POST WHICH IS CREATED BY SBI IN SBI & ASSOCIATES NOT GIVING PERMISSION TO ITS ASSOCIATES TO REGULARISE THEM.WE ARE WAITING FOR RESPONCE FROM SINCE 02.08.2010. AS PER RULE PERMISSION IS NECESSARY FOR ITS ASSOCIATES DUE TO MAJOR SHARE HOLDER BETWEEN ITS ASSOCIATES.WHAT WILL WE DO ????? KINDLY SUGGEST US...THANKS A LOT

Manjunath says : Clarification on Karnataka land revenue act 1964
Dear Sir. I have read some of your expert opinions & queries, Please let me know the below clarification. As per Karnataka land revenue act 1964 section 102 & 110......... 102. Relinquishment.— An occupant may relinquish his land, that is, resign it in favour of the State Government, but subject to any rights, tenures, encumbrances or equities lawfully subsisting in favour of any person (other than the State Government or the occupant), by giving notice in writing to the Tahsildar of the Taluk in which the land is situate, before the 31st March in any year or before such other date as may from time to time be prescribed in this behalf, by the State Government, and such relinquishment shall have effect form the close of the current year: Provided that no portion of land which is less in extent than the whole survey number or sub-division of a survey number may be relinquished except with the previous approval of the Deputy Commissioner. 110. Provisions applicable on relinquishment or forfeiture of a sub-division.—Subject to the provisions of any law in force for the Prevention of Fragmentation and Consolidation of Holdings in the State, if any sub-division of a survey number is relinquished under section 102, or is forfeited for default in payment of land revenue, the 1[Tahsildar]1 shall offer such sub-division at such prices as he may consider reasonable to the occupants of the other sub-division of the same survey number adjacent thereto in such order as, in his discretion, he may think fit; in the event of all such occupants refusing the same, it shall be disposed of as the 1[Tahsildar]1 shall deem fit. My 1 st query is ............(section 102) If the land is acquired by state government as per Land acquisition act 1894 with occupant/owner's consent in writing to DC will this be considered as relinguishment. ? My 2 nd query is ............ (section 110) In case after the acquisition if the government feels a portion of the acquired survey number is not required for the acquisition purpose can this be alloted to the adjacent survey number which is a sub division of the same survey nr in which land is relinguished?

Praveen Singhai says : Sale of Terrace
Please suggest me in Delhi by which By laws. Act, the right has provided to sale The Terrace in a building( In my case in a builder Flat) to any owner of the building or Specialy to the Top floor owner. As i research in DDA By Laws, MCD no where i found any written material. And in many judgements there is no specific oder has been passed in favour of sale of Terrace. In fact Mumbai High Court gave a judgement that IN Society COmmom area cannot be sale that includs Terrace. But No direct Judgement I fiund iN case of Delhi. And the Practice of selling Roof Rights in Delhi Is very common.Without have any clear guideling or Act in support of this. What i understand that This POLICY was made by DDA in earlier years to buyers to sell their top floors as people are generally not give preference to Top floor, but by passage of time this practice made Law by verbal communication in society. Please help me out i am in urgent neeed ....

umeshayare says : Affidavite
I have applied Konkan Railway landloser Job,but they have requested to submit the proof of relationship with the landlooser issued by revenue authorities along with Affidavite on Rs-100/- Stamp Paper. I want format of Affidavite with family tree My Gandmother is Owner & 6 person co-owner I am Grand Son Please draft letter in my grandmother name (My grandmother clarifying my relationship proof to the Konkan Railways with family tree) pls help me my email- umeshayare@gmail.com my no- 9869803504

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