pratik
24 June 2010 at 01:43
Question: Two conflicting decision of diff HC (High Court) one is of single bench while other is of db of diff HC which is to follow?
Answer: Single bench decision of the HC of the same state has got binding effect than larger bench decision of HC of different state. Single Bench decision of the HC is more binding on that state than the db decision of HC of some other state.
As per which act or section the abovementioned answer is right pls tell me or any case laws. Is it applicable to appeallable tribunal & supreme court.
Any case laws .
Thanking U All Learned Members in advance.
pratik
24 June 2010 at 01:36
Section 13 & 20 Transfer Of Property ACt, 1882.
Pls explain me the below mentioned para in detail with the easy examples pls experts explain me and if any notes available then pls post it .
Section 13 of the transfer of property act, 1882.
Transfer for benefit of unborn person.- Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property.
Section 20 of the transfer of property act, 1882.
When unborn person acquires vested interest on transfer for his benefit.- Where, on a transfer of property, an interest therein is created for the benefit of a person not then living, he acquires upon his birth, unless a contrary intention appears from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his birth.
Query:
1)Meaning of vested interest as per section 20 of the transfer of property act, 1882.
2)Meaning of the extract(subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property.)
Any case laws than pls put forward.
Thanking u all experts in advance.
pratik
24 June 2010 at 01:32
1)What do u mean by miscellaneous proceedings as per cpc, 1908 section 141 .With the example.
2)In a Letter Or Notice if the above words are mentioned on the top of the Letter Or Notice.
"Without Prejudice OR With Prejudice Or
Privilege OR Privileged "
What it is the meaning of the Words if mention under the letter or notice.
I have heard that if any of this words are written under the letter or notice than it seems that it is not for the interpretation and also not for the legal evidence in the court.That the letter is not use for the evidence in the court & also cant interpreted it.
Also Pls Tell Me With Us Expert advice What do this words means & Can be Written Under any Stamp paper or affidavit.
"Without Prejudice OR With Prejudice Or
Privilege OR Privileged "
Pls help me with the examples.
Thanking U All Experts In Advance.
pratik
24 June 2010 at 01:24
Extract of the section :
(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three months computed from the date of 2[such decree].
Query: Why it says that the Execution should be after 3 months & not before that ? Also expalin me the section 80 of the CPC becasue as per my view i would like to say that section 80 of the CPC says that if any aggrived party want to file a case against any public officer, servant or any state goverment or any central government than first the aggrieved party has to inform the them in 1 months time after the party aggrieved (means dissatified by whatever means of the service taken or given or done etc) & before the party file the case in the court.
Pls direct me if i am wrong.
Thanking U all experts in advance.
pratik
24 June 2010 at 01:15
1)In which act it is said that if we submit the affidavit to the high court or high court related matters we have to start the first line of drafting of the affidavit as "In the matter of & in which act it is said that if we dont have to submit the affidavit in high court or high court related matters we have to start the first line of drafting of the affidavit as "In the matter of the petition of
2)what do u mean by specimen signature & counter signature.The Difference between them.
3)What do u mean by covenant , agreement & indenture.The Difference between them. Because i have read in the book that both all the meanings are same known as agreement.Pls elaborate the answer.
Thanking u all Experts in advance.
pratik
24 June 2010 at 01:11
Gazetted Officer
Government officers whose appointment, termination, retirement, death, promotion, demotion etc. are to be published in the official gazette of the Government, are gazetted officers.
First of all a gazetted officer must be a government official.
In India, a official Central Government Publication named Gazette publishes the promotions of certain government official. Those officers whose name appears in Gazette are termed as Gazetted Officers.
Indian Govt has employees classified as class 1 to class 4. All class 1 employees are Gazetted officers.
Class 1 employee examples are:
All India services, though posted to states; promotees from states to the cadre of Assistant Commissioner and above and to the cadre of All India services ; Police officers of Circle Inspector and above; Additional District Civil surgeons, Executive Engineers and above, District Medical Officer and above, Lt.Col. and above, Principals of Government colleges and above, Readers and above of Universities, etc.
Query:
1)As per which section the above mentioned says that the (Government officers whose appointment, termination, retirement, death, promotion, demotion etc. are to be published in the official gazette of the Government, are gazetted officers.
First of all a gazetted officer must be a government official. Indian Govt has employees classified as class 1 to class 4. All class 1 employees are Gazetted officers)
How can we known that the particular employee of the government is a first class employees to determine the status of the Gazetted officers.
2) As per my understanding they are also knwon as public officer as per IPC Section 21.
Pls Direct me.
Thanking u All experts in advance.
pratik
24 June 2010 at 01:01
As per CPC, 1908 Section 150 what do u mean by transfer of business.
The bare act text is as follows.
150. Transfer of business.
Save as otherwise provide, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so
transferred.
As per my understanding
The court to which a case is transferred will have same powers to deal with the case like the court which dealt the case previously before being transferred.Eg., A files a suit for recovery of money on B & C which was alloted/made over to xxx judge court,'C' was set ex-parte for non appearance and the case was transferred to another court say yyy judge court, on administrative grounds,'C' can file a set aside petition in court yyy judge court and the said court can entertain the petition and pass appropriate orders,though the order sought to be setaside was not passed by yyy judge court as the suit is presently pending before yyy judge court.
Pls direct me that why the court will pass the order to next when the case as per my understaning is over.(and the case was transferred to another court say yyy judge court WHY?????????)
Pls elaborate it more so i can me able to understand more in depth.
pratik
24 June 2010 at 00:50
1)As per Provincial Insolvency act, 1920 if the working,seelping or any partner(S) who has become insolvent than to realise the property of the frim to pay the debts of the firm the third party can file a suit on the firm for releasing the debts by selling the firms property under the arbirtation act.
2) I have also heard that the power of an official Assigns, Receiver of court under the Provincial Insolvency act, 1920 or Provincial Insolvency act, 1909 has the power to realise the property of an insolvent partner form the firm. So that he can be stable in this life gain as he was before.
If an case laws that pls forwared it to me or with the best suitable examples .
By reading the above mentioned line we can come to a conclusion that if the partnership firm is not registered as per the act, 1932 than also the insolvent partner can claim her/his property form the firm means he can file a suit under the firm firm name or under the individual partner(s) name also to realis e the property.
Pls clarify me if i am wrong.
Also pls tell me that what do u mean by official Assigns & Receiver of court under the Provincial Insolvency act, 1920 Also Which act is in force whether Provincial Insolvency act, 1920 or Provincial Insolvency act, 1909 ?
Thanking u all experts in advance.
pratik
24 June 2010 at 00:36
1)Section 53 A of the transfer of property act what does it says becasue i am confused ny the reading the section so pls provide me with the Doctrine of part performance & explaintation of the section 53a & doctrine of part performance with the examples examples examples examples examples examples examples pls pls pls pls
Pls don't tell read the section propoerly pls help me out.
Thanking U All experts in advamce.
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asdmission
MY frnd has filed MVC case against the insurance co.,
The wittness has denied in the criminal case that police have not taken any restatement. this admission given by the witness is relied by the insuramce co., and produced the certified copy of the same.
In my opinion evidence in criminal case is not binding on the mVC cases.
Am I right?
If learned members have got any judgments please post it.