pratik
01 August 2010 at 12:09
1)Difference between authority, administrative authority, & adjucatory authority (With the meaning & examples)because while reading the law books these name come many a times so i dont known actually the difference betwee them & the powers they have.
2)I have heard that decree means the cost of the case & the party who has to pay the other party if the court has order any compensation & nothing else is there under the decree. but the judgement is other page which is called the judgement. So pls any body can send me 2 or 3 copy of the decree i PDF format so i can come to known the actually difference between the judgment & decree. Becasue i have heard that decree gives the INFO of only cost relative & the judgement copy gives the only judgment text & nothing else.
Thanks In adavnce.
pratik
01 August 2010 at 12:02
Prevention Of Money Laundering Act
1)I have heard that if the person is under the finanical business of money lending or if he is not under the buiness of money laundering & if he gives any finanical help to any one & after some period when the party who has taken the finanical help gives the cheque of returing the loan amount & if the particular cheque bouns than as per section 138 of the NI act, 1881 the person who has given the laon to the person cannot file a case against the cheque bouncing against him. pls tell whether i am wright or wrong & i have also heard that the case laws is also there for the above mentioned query so pls forwardit to me if possible .
2) Can any body tell me the Doctrine of past consideration & past perforamnce if possible with the help of a example. It will be useful for me in my law exams pls .
Thanks In Advance.
Apoorv Shrivastava
01 August 2010 at 11:23
Dear sir,
please explain me the difference between tort and crime with some illustrations and important cases.
Thanks,
Anisha Nema
Rajan Jha
01 August 2010 at 10:42
My mother owns a flat in Mumbai. Hers is the 1st name in share certificate. Agreement with builder was singly in her name. However, in the share certificate she got my fathers name in 2nd place. My father was Chairman of that society.
Recently father died while mother is alive and healthy. She wants to sell the property. Now my sister is claiming share of property stating that as associate member's daughter she has succession right and the property cannot be sold till her share is decided and given.
According to the expert Adv S.Subramanian the legal position is that mother is sole owner of the property. the name of father in the share certificate cannot clothe him with any right over the property therefore sister's claim is not legal.
Sirs, I will be grateful if you can please quote a High Court judgment supporting that name in share certificate cannot clothe associate member with ownership right over the property. Thanks.
Anonymous
31 July 2010 at 19:52
My office room was broken in and goods worth Rs.80000/- were stolen by the members of the managing committee in January 02. Police deliberately delayed registration of FIR and it took me almost two years to get the FIR registered on 17/12/2003. Investigating officer did not hand over the possession of the room to me saying that I will have to get it through court. The filing of charge sheet was delayed further due to corrupt IO and the case was registered in MMs Court only in 2005. IO did not lodge the keys to the room and there is no mention of retaining of the possession of room and the keys in the MM’s Court.
In spite of having made two applications the MM did not take any interest saying he is not interested. I made a third application after consulting Ex. Justice DR Dhanuka who opined that the police / court had no authority to with hold possession of room after registration of FIR on my complained even if a civil dispute is pending in City Civil Court (I was made a party in this suit of 1998 about illegal rooms occupied by others, to pressurize me to withdraw FIR by way of Chamber Summon in spite of my having opposed this in the court). Even this 3rd application was turned down by the MM who was hand in glove with lawyers of accused persons.
I there fore moved Sessions Court and the Judge accepted my plea and asked the police to hand over room to me. As on date I have the possession of room and the civil suit is also dismissed in the City Civil Court. I lodged a complaint against the MM with High Court and I do not know if any action was taken on it. However a new MM has taken over and he is aware of my complaint against the previous MM and therefore highly biased.
In December 2009 one of the four accused person died and his death certificate was produced in the court. MM asked me as to if I know any thing in the matter to which I said that being a civilian I can not verify the facts about the dead accused person.
The MM then ordered to issue a Warrant and asked police to submit their report which is not yet submitted and on 30/7/10 MM again asked for issuing the Warrant in the matter and on my query retorted that even if takes 5 yrs. He can not proceed with the trial.
I feel matter is deliberately being delayed to harass me as I am 65 yrs. of age and have to fore go my salary due to frequent leaves for attending the court.
In view of this I have following queries for the experts to help me in the matter:
1) How can I make police to submit the report?
2) Can there be more than 1 Warrant as I feel the MM may not have issued any Warrant till last date i.e. 30/7/10 and just killing time.
3) Pl. suggest name of appropriate authority to lodge a complaint as at this rate and the way MM behaves he will dismiss the case due to arrangements with advocate of accused person.
4) The PP in the matter does not take any interest so whom do I approach for such attitude?
5) Will the Govt. appeal if the case is dismissed due to lacuna in laws? If no then what do I do?
Pl. spare your valued time and help.
Anonymous
31 July 2010 at 17:32
Sir
Employer is not receiving the resignation letter nor he is ready to releive. They have a service bond completely in his favour that employee will serve company at least five years otherwise employee would liable to pay damages to company.
If I'll leave the company without informing or giving resignation it may possible that they'll lodge a false complaint against me. How can I save my self.
Anonymous
31 July 2010 at 13:51
Sir,
I filed appeal for partition suit in the High Court and Hon'ble High Court was pleased to pass partition of the suit along with past and future mesne profit in my favour and directed to approach trial court for Final decree. Under what section cpc I should file to claim partition and Mesne profit for my share of the property. Whether mesne profit and partition of property is decided together or separately in the court. What is the criteria ? How is it decided from which date the mesne profits are calculated (Whether from the date of filing of suit or occupying the land/house). If I do not receive mesne profit as ordered by the decree in that case What steps I should take for claiming my mesne profit. For partition of suit what are the functions of advocate Commission for partition.
I will be grateful for your kind advise and suggestions.
Thanking you,
Yours faithfully,
M.S.N.
pratik
31 July 2010 at 12:43
1)I have heard that a writ can be filed when the appeal is not perferable or the person cant appeal in any law so if he what to go furhter he can file a writ in high court. also i have heard that when a question of nature justice comes than a writ is ONLY maintianable & not appeal.
As per the below findings
A WRIT PETITION can be filed to the Supreme Court, challenging the fact finding process adopted by ITAT. If the Supreme Court is satisfied that the Fact Finding process is not proper, then the Order of ITAT shall be quashed and a direction shall be issued by the Supreme Court to the ITAT to do the Fact Finding in a proper manner and /or as per the direction.
It can come to now that if the appeal is notmaintainable in law than writ petition is allowed.
So tell me when the person can file a writ petition. So were it has been defined or any case laws.
2)Which one is better one whether to file a PIL or SLP which one is more advantages & disadvanatges also when can a SLP & PIL can be filed. CIRUMSTANCES & PROCESS TO FOLLOW.
Thanks In Advance.
Sangeeth
31 July 2010 at 12:17
The witness to the suit document is the staff of the plaintiff concern. The defense case is that the signature of the guarantor has been forged. The same has been send to the hand writing expert for verification and the result is yet to arrive. The plaintiff has authorized the witness to file the complaint and depose for him as the plaintiff. Is there any irregularity?
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Appeal.
I have heard that there is difference between decree & judgment because while reading act or rule we come across the wrods decree or judgment so when the word OR arises there is a confusion that whether the both the term is different & if they are different then in what sense can any body example me.
ALSO
which decree are appealable and time limits pls
which judgment is appealable and time limit pls
Format of decree & judgment given bythe court & not the blank one so i can come to known the difference between them very clearly.
Thnaks In Advance.