Expert Explains

Published: 13th February 2016 03:54 AM  |   Last Updated: 13th February 2016 09:58 AM   |  A+A-

1. We had purchased four plots in 1975 at Sunkuwarchathiram. We were informed that our lands have been acquired by the govt 15 years ago. We are yet to get any compensation. 

B Indira Williams

Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 under which your lands were acquired fixes a time limit for seeking enhancement of compensation.  You have missed the bus.  However, you can file a writ petition seeking for a direction to pay the compensation already fixed. Perhaps you may end up spending more money than the compensation to be awarded. You can ask under the RTI Act from the industries secretary whether compensation has been paid to the land owners for the land in question. Perhaps they may tell you to collect  the amount from the revenue deposit. This you can do without spending money.

 

2. For my English fiction book under publication, I have used the 3-Lions emblem as my book cover. Is this illegal? 

M S Sukumar 

Schedule III under Rule 9 of the State Emblem of India (Regulation of Use) Rules, 2007 under the 2005 Act enables the usage of the Emblem regarding publication only as authorised as below: “School textbooks, books on history, art or culture or in any periodical as part  of the text of a Chapter, Section, etc., for the purpose of explaining or  illustrating the origin, significance or adoption of the emblem: Provided that the emblem shall not be used on the front page, title or cover of  such publication so as to give an  impression that it is a Government  publication”. Any improper use may visit with the penalty of two years imprisonment with a fine of `5000.

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3. I run an MSME unit and am involved in a commercial tangle with a company. We have been served a caveat from the Madras High Court.  What does it mean? 

A Suresh

You can seek remedy from the facilitation council for arbitration under the MSME Development Act, 2006. A caveat received by you from the High Court merely informs you that you cannot get any order without notice to the other side.  Perhaps the corporate entity may have expected an original side suit from you and must have filed the Caveat.

 

4.  I am seeking divorce from a man who had threatened and married  me in a second marriage. I am a Brahmin and after conversion, I married a Muslim. I have a daughter aged 12  from my previous marriage. I dont have any details or the whereabouts of this man. I had sent notice seeking divorce which has come back.  Can I file a petition without the proper address of my husband?

Shylaja

You can file a petition for divorce before the family court in Chennai or any sub-court near your place of residence. You can give the last known address of the husband and in case the court notice comes back unserved, you can seek for substituted service of notice on him by paper publication.

 

5.  There are about 21,000 contempt cases pending in High court between 2010 to 2014. The court doesn’t penalise the officers who are duty-bound to enforce the order. Why is leniency shown to the government? All are equal before law?

 R Ravichandran

It is true that justice delayed is justice denied. However, not in all contempt petitions. The government may be in the wrong. It is just that the legal panel doesn’t function efficiently and there is a lack of co-ordination between the department and the govt  advocate.  Most govt. lawyers are appointed not on merit basis but on party affiliation and loyalty to the leader.  1994 also. Then the association can file an injunction suit against the two members who have flouted the bylaws and idavit will have to sign or a fix signature. It is gender neutral.

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