Mutation; why & how done

Mutation:

Mutation means substitution of the name of a person by the name of another in relation to property in the record showing right or title to the property. It means to make the record in the name in favour of a new owner. It refer to make record in the name of new owner instead of the previous older owner. It helps to put necessary, correction through two records which occurs during the mid time of changing the ownership of land. It arises with the changes of the ownership of land.

The followings are  the reasons of mutation:

a. The successor become owner on the death of the owner.

b. Seller or buyer become the owner of the land if sale of land, gift, waqf are done through registration deed.

c. Buyer becomes owner if khas land is sold in the prescribe manner/way.

d. Government becomes owner if it buys other land.

e. The auction buyer becomes owner when

f. Government becomes owner if anyone has land exceeding ceiling.

Procedure for mutation of land

Applicant has to apply in a prescribed form with application fee affixed on it in shape of court fee as prescribed by Govt. from time to time.

Application is to be addressed to the Tahasildar of the area in which the land is situated.

He has to clearly mention the name of the village in which the right has been acquired.

He  has to give detail description of the land on which he is praying for mutation.

Applicant has to mention the name, parentage and residence of the person who has acquired the right of land in the application form

The date of acquiring the right is to be mentioned in the application form.

Applicant  has  to  submit  the  application  form  along  with  copies  of documents on the basis of which the mutation is sought.

A proclamation is issued inviting objections to the proposed mutation and specifying the date (being not less than 15 days from the date of the proclamation) up to which any objection to the mutation will be entertained.

Statement of parties are recorded.

Contents of documents are matched with the recorded statements

Post decisional hearing

Post decisional hearing  is a hearing which takes place after a provisional decision is reached. This principle was laid down in Maneka Gandhi v. Union of India. There is a nexus between pre-decisional and post-decisional hearing. The logic behind introducing the post- decisional hearing is to increase and maintain administrative fairness.

Post decisional hearing takes place where it may not be feasible to hold pre decisional hearing. One better example is, the power to impound the passport may be frustrated if a prior notice or hearing has given to the concerned person whose passport is going to be impounded because he can leave the country, therefore, passport authorities first impound the passport of that person without any hearing and later provide him opportunity of hearing. This was the scenario of Manika Gandhi v. Union of India in which J. Chandrachud held that the action of impounding passport without giving her pre decisional hearing was bad. It was an exceptional site because government was not justified in its act of impounding passport. Later on, the concept was made justified in such cases.

The rule of Audi Alteram Partem is excluded from the purview of post decisional hearing or I can say that it is an exception of post decisional hearing but as soon as order is made, a fair opportunity of being heard should be provided to the person in order to follow the above said rule. This post decisional hearing cannot be treated as substitute of pre decisional hearing, the reason being that for the aggrieved person, pre decisional hearing affords such better safeguards.

It depends upon facts and circumstances of the case and there have been many instances where court have permitted a post decisional hearing as pre decisional hearing did not appear to be feasible, and where courts have refused to accept post decisional hearing where pre decisional hearing could have been given.

A post decisional hearing is less effective than a pre decisional hearing and it has pointed out by the court itself that once a decision has been taken by an authority, its natural tendency would be to support the same or not obviate from former order and representation against it may not really prove any fruitful result. Post decisional hearing is not adequate in dismissal case where the consequence to the concerned person is very serious.

Rights in the constitution:Can a military person be 'aggrieved person' under the provision of article 102 of Bangladesh constitution?

The Constitution provides for services consisting of civil and military posts in order to maintain the continuity of the executive government. The terms and conditions of service of the persons holding military posts are determined by laws made in terms of Article 62 and, in the absence of such laws, by rules made by the President. However, the tenure of service of a holder of a military post is subject to the pleasure of the President (Art. 134). Similarly the civil officers hold office during the pleasure of the President, but Article 135 stipulates that holders of the civil posts shall not be dismissed, removed or reduced in rank by an authority subordinate to that by which they were appointed and shall not be so punished until they have been given reasonable opportunity of showing cause as to why an action should not be taken. The terms and conditions of service of the holders of civil posts are to be determined by Jatiya Sangsad by law and until such law is made, the President makes rules in this regard (Art. 133). In case of disputes relating to the terms and conditions of service, the holders of civil posts may seek remedy from Administrative Tribunal

constituted by law pursuant to Article 117, and no court including the High Court Division has any jurisdiction to entertain any complaint in matters over which the Administrative Tribunal has jurisdiction. The only exception to this is where a member of the civil service complains of violation of his fundamental right by any law or instrument having the force of law. Appeal lies to the Administrative Appellate Tribunal from the decision of the Administrative Tribunal, and on leave granted by the Appellate Division of the Supreme Court, appeal lies in the Appellate Division from the decision of the Administrative Appellate Tribunal.

 Discuss the modes of services of the summons under the Artha Rin Adalat Ain,2003

Sec-7 of the Artha Rin Adalat Ain ,2003 discuss about the modes of services of the summons.

According to this section, in order to issue a service of summons the plaintiff will submit all talabana with plaint for the purpose of sending it by process server through registered post  with acknowledgement receipt.Then the court will arrange service of  summons.

 If the summons does not return after service or return without service within 15 days  of its issuing .Then after of it within 15 days with the assent of the court the plaintiff will publish the summons notice in any well-circulated national daily and beside in a local nespaper by his own cost. This service of summons will be treated lawful by the court.

The plaintiff  if wish he can serve another service of summons by his cost with the assent of the court.Before publishing service of summons the plaintiff will submit a specimen of the advertisement with the plaint and then the court may rectify or alter if it necessary or otherwise if it thinks fit than immediately take necessary steps for arrangement of service of summon.

State the alternative procedures for the settlement of disputes under the Artha Rin Adalat,2003

The provisions regarding alternative procedures  for the settlement of disputes are discussed in the sec  21 of the Artha Rin Adalat Ain,2003.

Sec-21 discussed about the settlement conference. According to this section, after  submission  of  written statement by the defendant the court if considered suitable may arrange a settlement conference and issue order for presence of both the parties,their appointed lawyers and representative in the said conference.

     The judge of the respective court will preside the conference, determine the venue and it will be held in camera.The judge will try to solve the dispute through discussion and explanation of the matters of dispute to the parties, their lawyers and with their representative but should not create any pressure upon the parties to accept it.

If the dispute solved through the settlement conference, the terms and conditions of it will have to be written as a contract and the parties,lawyers and the representatives signed on that.Then the court will pass necessary order or decree on the basis of Order 23 of the CPC.The process of the settlement conference will have to be completed within 60 days from its commencement and it may be extended again not more than 30 days.

If the settlement conference become fail the suit will be started  and conducted from the stage immediate  before the decision of the settlement conference in such a manner as if no action has been taken.  

The mediation process under this act  and all the discussion,suggestions and the statement of the parties will be secret and in any stage of hearing of the said suit held subsequently or in any other process there can be no mention of them and will not acceptable as evidence.

If any dispute is settled under this act through settlement conference the court fee will be return to the parties.  Appeal or any revision is not allowed in any higher court against any order given on the basis of settlement conference.