Jamai Of Law
31 December 2011 at 12:16
http://www.lawyersclubindia.com/forum/Judicial-abuse-office-power-process-whos-got-jursdiction--49311.asp
Contempt of Court, Abuse of process may also happen by 'officers of courts as well' (its not necessary that it has to happen only by litigants!!!)
If there is such an instance of Judicial abuse of power, authority, office, discretion (ofcourse, there is difference in each although in subtle ways but a lot of commonality is also there)...................
Either by ..........
a) Category 1: The presiding officer of Court (as a lawful public servent/authority) .......... OR
b) Category 2: Any other staff of court/officers of court (as a lawful public servent/authority , judicial as well as non judicial, such as prothonotaries / oath commissioner etc) ..............OR
c) Category 3: Any Other officers of court such as attorneys/pleaders/Lawyers etc
................Then who has the authority to make enquiry or complaint against them ? and finally who has authority to register a case against them? (E.g. 'Contempt of court' has to be initiated by the Court itself and a litigant can make only allegation of contempt or purjury or abuse of process etc but cognizance and complaint has to be by court !!..................... But if there is such misconduct by' any of the above categories' then what is the resourse of action?)
Please explain .............in the context of
Category 1) Civil Court JD/SD or Addl/joint District Court (or the ones deemed as district Court judges in Labour/Family/ESIC/Charity Commissioners etc and tribunals which report directly to HC not under principle court/district court) ........
Q1. Who's got authority to make complaints against this category of officers?
Q2. and where/who's got the jurisdiction to entertain such complaints against this category of people?
Please explain .............in the context of category 2 and 3 as well.
Also Please give refs of codified provisions such as code of conduct, laws and rules as well as case laws in this context.
Please share your valuable knowledge on all above
Thanks
JOL
Anonymous
31 December 2011 at 11:42
This is the case of 1954. My client went missing in the year 1954 In Punjab. Then,within one year one of the client's son obtained a death certificate from the President of the Mohalla committee.
Now, is this death certificate valid? There were no laws governing the registration of births and deaths. I need to prove that certificate is admissible in law.
Arpita
31 December 2011 at 11:37
When the court declares a person to be dead, what is the date of death? Does it trace back to the day when he went missing or the day when the court presumes the person to be dead?
Are there any case laws where the Supreme Court has discussed this question?
Anonymous
31 December 2011 at 10:42
Whether every ladies service in M S University in Gujarat is entitled for Maternity benefit under the Maternity Benefit Act ?
SUBHAM AGARWAL
31 December 2011 at 00:27
Can high court dismiss divorce decree granted by family court when women has filed more than 10 court cases including 498a, dowry and 406 and when divorce has been granted on basis of desertion of 6 years and cruelty by wife and hence the marrige has broken down irretrievably.The marriage was solemnised 15 years before and there is a daughter living with her.Maintenance is paid regularly each month as decided in dv act case
mukund reddy
30 December 2011 at 22:56
Dear respected experts,
I wish you a happy and prosperous new year.
Cheers to a new year and another chance for us to get it right. Happy new year.
Especially, Mr.Devajyoti Barman,Mr.Adv.Rajeev (rajoo), Mr.Prabhakar Singh, Mr. Arunagiri, Mr.PS Dhingra, CEO, Dhingra Group, Mr.S.GANESAN, Mr.Kirti kar Tripathi,
Anonymous
30 December 2011 at 19:20
Hi All,
Can anybody provide me a vakalatnama format to file a case under section 151 of code of civil procedure for Allahabad high court ? If yes please provide same..Just a standard format if any..
Thanks for all.
Anonymous
30 December 2011 at 18:51
a sale deed was registered in 1974, regarding an open site and a home.
but in panchayath property register book, the purchaser's name was entered only for HOME and not for OPEN SITE, for open site someone's name was entered as it is his inherited property and till today he paid the tax of that land, the tax payer and purchaser both have the possession over the disputed open site.
now in panchayath, there is no documents available prior to 1974.
QUESTION IS WHETHER THE SALE DEED IS VALID OR THE TAX PAYER IS THE OWNER OF THAT OPEN SITE AS HE PAID THE TAX AND HAVE POSSESSION?
IS THERE ANY CITATIONS REGARDING THIS MATTER?
Anonymous
30 December 2011 at 17:52
RESPECTED EXPERTS,
what is the correct stamp duty payable on receipt acknowledging the receiving of certain amount.say up to one lakh rupees and more than that amount.
first of all is every receipt of amount is payable with stamp duty and what if a stamp is not affixed on a receipt.
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Eviction of tenants
respected experts,
I had lent my shops to different tenants under a registered lease deed for a period of three years. The lease period is going to end on December 2012. However there is a stipulation in the lease deed that either party can terminate the lease by giving three months prior notice. I want to sell the said property and the proposed buyer wants me to hand over vacant possession of the same at the time of registration on or before 01-05-2012 with a default clause with heavy penalty. So I am going to issue notice to the lessees for vacating the shop in accordance with the lease agreements.The present rent of each shop is Rupees 1500/- one thousand five hundred per month please enlighten me with the problems which may arise for me in this transaction. Thank you Sir.