Dear Mr. Dhingra:
Nothing justifies abusing other members of this Forum and calling them names. He calls names the two advocates. He cannot make any statement on me because I do not claim any special knowledge of law. So he wants to abuse me on my Ph.D. What knowledge has he on the subject of my Ph.D.? He is less than a pigmy on the subject of my Ph.D. Mr. Dhingra you answer me straight. What do you think of that person ridiculing my Ph. D.? I am waiting for your straight reply.
The December 2016 judgment was on two appeals by two nominees. There is reference in that to what is known as the Kokade case. In that case before a Single Judge of the Bombay High Court, the case was decided in favour of a nominee. The cases under appeal went before another single judge of the same high court. When a case goes before a court, if there was already a decision in a similar case by a higher court, the lower court will not go against the decision Here it was one single judge not agreeing with another single judge judgment. In courts judges and lawyers do not call names or ridicule each other. The second single judge held the judgment in Kokade case per incuriam. As it became a case of one single judge against other single judge, it was referred to the Chief Justice. His Lordship assigned the case to Division Bench of two judges. That is how courts resolve ties. That may not be perfect. But calling each other names and ridiculing respected lawyers is not perfect either.
In appeal No.311 of 2015 Nanak S. Ghatalia was the appellant. He argues the case of a nominee. His argues himself without appointing a lawyer. His arguments are just brilliant. Notwithstanding his brilliant arguments, the Division bench decides otherwise. You go through the arguments of the Division Bench and if you feel that they have gone wrong, pont out where they have gone wrong. Generate a healthy debate and raise the status of LCI. Do you agree with me Mr. Dhingra? Instead of that why go low ridiculing lawyers who practice their profession? As a scientist the people with whom I cross swords are brilliant scientists from the Western World and not Jigyasu. My research papers get published in reputed international journals only after they are approved by at least two anonymous referees.
Both Jigyasu and Dhingra ask which law says nominees are only trustees etc. etc. As far as I know no law says so. In law everything need not be expressed. Things can be implied too. If everything was to be expressed and nothing should be left to be implied, we would not need lawyers and judges. You just feed things into a computer and get results.
Nomination laws deal with what is to be done with the estate of a person in the event of his death. But succession laws also deal with the same subject. In case of a conflict between the two the question will arise as to which one would prevail. Remember you cannot leave the question unanswered. If you answer that the succession laws shall prevail, the next question would be, what for is there a nominee? Those who say that succession laws prevail, answer that the nominee is a trustee. He is called a trustee because it is presumed that he had the trust of the deceased, a trustee who selflessly does the right thing. A nominee is appointed by the deceased. A successor is not appointed. Either he is claimant to an intestate property or the property is bequeathed to him by a Will. An executor would be appointed by a Will.
Most probably the entire legal community in India holds the view that the rights of a successor under the succession act prevails over that of a nominee. If you feel that it should change start a healthy debate with respect for your opponent and without calling names. If you so wish, you can write an article on the subject in LCI.
A person proposes an insurance policy for the benefit of the nominee. Insurance policy is not accumulation of wealth to be passed on to the next generation. A breadwinner may want to provide for his wife and children in the event of his untimely death. it will be traversity of justice if the policy amount goes to his mother who is being looked after well by his well-to-do brother. Writing a will, will not be in the mind of a person while taking out a policy.
Dear Dinghra and Jigyasu read the justifications given by the judges in support of their judgments and comment on them and not snipe at respectable people here.
NEED OF THE ACT
Under the PWDV Act, 2005 an aggrieved person get the following reliefs/orders
-preventing the offender from entering the women place of employment and causing harassment.
- can order the offender not to contact the victim personally or through e-mail, telephone or similar means
-can order the offender not to do the following without her permission:
Even before making the final decision in a domestic violence case, the Magistrate can pass a 'protection order' if she is somewhat convinced that such violence has taken place or can take place in the near future
One of the orders that the Magistrate can pass in a domestic violence case is a 'residence order'. The residence order can include the following:
The Magistrate can ask the local police to help the victim implement a residence order.
The Magistrate can ask the local police to help the victim implement a residence order.If the victim does not have money, the Magistrate can order the offender to pay the rent and other payments in any type of residence order.The Magistrate can ask the local police to help the victim implement a protection order.The Magistrate can order the offender to give back her stridhan or other valuable security to the victim
Monetary relief u/s 20
To compensate the victim and her children for the injuries and losses they might have suffered as a result of domestic violence, the Magistrate can order the offender to pay for the following:
The Magistrate should fix the amount according to the standard of living that the victim is used to.The Magistrate can order monthly or lump-sum maintenance.Copies of such orders have to be sent to the parties in the case and to local police station.The offender has to pay money to the victim within the specific time period according to the Magistrate's order.Say the offender does not make the payments, the Magistrate can direct the person who employs the offender or who owes money to the offender to pay the court directly. This will be adjusted against the money that has to be paid by the offender.
Custody order u/s-21
Under this law, the Magistrate has the power to pass a temporary custody order at any stage during the case. She can grant custody of the children to the victim or any person filing the case for her.She can also allow the offender to visit the children. She can choose to refuse such visits if a visit by the offender can hurt the children.
Compensation order u/s-22
The Magistrate can pass another type of order for payment of money - compensatory orders. The Magistrate passes such orders to compensate the victim for mental torture and emotional distress.
Ex-parte or interim order u/s-23
Given the nature of domestic violence cases, the law allows the Magistrate to pass temporary orders (before the final order is passed) or orders in the absence of the offender (if there is an immediate threat of violence).
I wanted to file PCR against plaintiff for giving false statements in the plaint which is supported by affidavit. Can the petition be filed under section 156(3) read with Section 200 of Code of Criminal Procedure including section 191, 192 and 193 of Indian Penal Code.
Now according to couple of judgements of perjury case if the false affidavit is filed in the court proceeding, only magistrate of that proceeding court/case can request the criminal investigation upon receiving a complaint because section 193 is barred by section 195 of CRPC otherwise. Private complaint can’t be filed.
In the present situation case is already dismissed by the trial court then how the proceeding court can receive the complaint and request for filing the criminal case.
Please advise how to file the perjury case in this situation when the offence is committed and made a huge loss to me.
Thanks and Regards,
Injunction is given by the First Court. Stay is given by a Court above, not necessarily High Court. Review and Appeal are possible. Revision is possible if Appeal is not maintainable.
Agree with the Replies.
You'll receive Notice from the Court.
sir, I am victim party in a murder case , Now i am thinking is it possible to get the charge sheet copy and appoint a lawer as a prosecution assistance or a special public prosecutor in order to trial the matter...is this possible sir?
Some state governments permit them in temples, and empowered them to issue such bonafide certificates. Marriages in Arya Samaj are also valid. In some states a Sub-Registrar , marriages (same Registration dept , with additional responsibility) gives such certificate. The minimum documents required are age proof, marriage hall certificate, minimum two witnesses, three photographs of Exchanging garlands, Sootra Dharan, Saptapadi or Rituals before fire and a wedding card if available).
Generally the Registrar of marriages where the marriage actually has taken place issues certificate and even after marriage such certifiate can be secured within a day, if all documents are filed with such application.