N.K.Assumi
04 September 2008 at 10:55
Dear All,
There are strings of International conventions to resolved International commercial disputes such as the Geneva convention,New york convention,UN Resolutions, and Indian Arbitration and Conciliation Act etc.
My query is this? State itself is an abstract notion and it is run by natural man but again natural man alone can not function effectively to run the State, as such juristic person are created. Under International Law, State is granted Sovereign Immunity and all State are of ejusdem generis at least on this point. But gone are the days where sovereign functions were confined to the throne alone. In today's world sovereign sits in the market place such as the World Trade Organization by State Ministers and almost all the important commercial transactions are made by those juristic persons.
The question is whether Sovereign Immunity can be extended to those juristic persons such as the RBI etc.
Sovereign no longer Act as Dr.Jekyll and Mr.Hyde, and to protect her commercial interest it is actively sitting in the market place without shying away as in the olden days.Under the circumstances should it not be proper to extend Sovereign Immunity to State juristic Person?
N.K.Assumi
04 September 2008 at 09:55
is it proper to detained a dangerous lunatic under National or State Security Acts?
N.K.Assumi
04 September 2008 at 09:16
Can any one of you share with me the difference between Legal and Lawful:
LL.B., is a graduate degree or post graduate degree? Any case on this?
N.K.Assumi
04 September 2008 at 08:57
Can accused argued for his bail in the court?
ankit gupta
03 September 2008 at 23:29
problem:- a car hit a wrongly driven scootor (carrying 3 person drunk), after that somebody calls the cop.the injured are admitted to the hospital by the cop.
the I.O. even after 4 days if the accident does not registers any FIR and has impounded the impugned car.on asking to him he conveys to the owner of the car that two of the person are normal and deny to take any legal action but on the other hand one person among the three is still in the hospital so he(I.O) is waiting for him.
if i am the car owner what actions can i take against the I.O.,what are the legal provisions regarding the same as he is not registering the case nor is ready to compromise.
also tell what practically canbe done in this kind of situation ,say shall we wait or should we adopt any other remedy.
regards
ankit gupta
SANJAY DIXIT
03 September 2008 at 23:01
If aggrieved by an order of CPIO (CPIO has not provided the information by saying 'NO PUBLIC INTEREST INVOLVED & IT RELATES TO THIRD PARTY'), whether the order can be challanged in Civil Court or any other Court?
Pls give the provisions & if possible any case law.
Pls, its urgent.
shantilal k. patel
03 September 2008 at 17:33
The matters affecting PUBLIC LIMITED companies listed on the STOCK EXCHANGES can be challanged on the basis of PUBLIC INTEREST because large number of shareholders are from public?
If yes why?
If no why?
For example; The firm of auditors are
as per the provisions of the companies act 1956. Later on found that partners of the firm are fighting and even one partner has filed criminal case against other partners. They do not talk to each other.Civil cases are also filed among partners.Even bank account was under stop payment intruction by a parnter for two months.
Can P.I.L be filed to restrain such firm of chartered accountants to act as auditors of public limited companies?
VIKAS GARG
03 September 2008 at 16:03
As we know that causation is one of constituents of any offence. Means offence must be caused due to act or omission of offender. Offence may be done directly (by causing some act and omission) or indirectly by abetment (by causing some act and omission).
Just read illustration (b)of section 299 of ipc, which is as follows:
(b) A knows Z to be behind a bush. B does not know it A, intending to cause, or knowing it to be likely to cause Z's death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide.
Just read another illustration (f)appended with exception 2 of section 300 of ipc, which is as follows:
(f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B's rage, and to cause him to kill Z, puts a knife into B's hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder.
Just read one more illustration appended with exception 5 of section 300 of ipc, which is as follows:
A, by instigation, voluntarily causes, Z, a person under eighteen years of age to commit suicide. Here, on account of Z"s youth, he was incapable of giving consent to his own death; A has therefore abetted murder.
Now my question here if these illustrations are correctly appended with respective provisions then how abetment is different with direct causation. Don't you think the circumstances given under these illustrations of section 299 and 300 of IPC should come under the topic of abetment?
Please help me to get rid of this confusion.
Anil Kumar kamboj Delhi M-9650
03 September 2008 at 15:17
statemen of witness recorded u/sec.164 of cr.p.c are corroborative evidence whether confession is also is a corroborative evidence or subsdentive . pls let me details sir,
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What type of Vehicle is Mini Bus:
Section 2 clause 7,14,15,16,17,18,21,22,23,24,25,26,27,28,29,35,39,40,43,44and 47 etc of the Motor vehicle Act of 1988, described various kinds of Vehicles.Now under which kind of vehicle Mini Bus will be categorized?