Anonymous
14 May 2011 at 16:20
In order to ascertain whether the above rules have been complied with the Court may require any Advocate to produce before the Prothonotary and Senior Master his books of account, bank pass-book, statements of account, vouchers and any other necessary documents for inspection. On a report from the Prothonotary and Senior Master, if after hearing the Advocate, the Court is of the opinion that the name of such Advocate be removed from the Register permanently or for some period, it may direct accordingly and may further direct the Prothonotary and Senior Master to report the name of the Advocate to the Bar Council for necessary action.
Question: If the advocate thinks it is not the right or proper order passed by the judge then where to appeal. In the above matter. Also what is the qualification for Prothonotary and Senior Master? The difference between Prothonotary and Senior Master. Who has the right to appoint & remove Prothonotary and Senior Master for the post.
Bombay High Court Rules OS
Rule 22 - 22. Advocate not to appear and plead for parties on both sides :- No advocate shall appear and plead for parties on both sides of the record in a suit or matter even if the interest of such parties be the same.
Question: So if the advocate appear in OS than he/she cannot appear at AS (appellate side) & vice – versa. Opinion required. Where it is applicable to the BHC (Bombay High Court) only or it is applicable to very HC. There OS means both in criminal as well as civil cases. Right?
Thanks
Anonymous
14 May 2011 at 16:03
application form for Notary, address for submission for form.
Anonymous
14 May 2011 at 15:36
Dear sir, can u provide the complete judgement given by R.M.Bapat (Chief justice of AP High court)
in 1995. the judgement runs as follows
EITHER OF THE SURVIVING PARENTS COME AND SAY THAT THEY HAVE GIVEN THEIR CHILD FOR ADOPTION IT SELF IS A VALID GROUND FOR ADOPTION
--JUDGEMENT GIVEN BY R.M.BAPAT HIGH COURT OF AP
Thanking u
Aseem Vaishya
14 May 2011 at 10:22
We had applied for Nazul Forest land for use of Establishing Petrol Pump & Allied services with forest Department. After a long wait and completing formalities we got 1st Stage Sanction from Ministry Of Forest & Environment (Central Government) with conditions
1. Type of Land will unchanged
2. We have to deposit Net Present Value as directed by Hon'ble Supreme Court in T.N. Godavarman V/s Union Of India
3. We have to surrender NoN forest Land to forest department.
4. We have to deposit afforestation charges as irected by Hon'ble Supreme Court in T.N. Godavarman V/s Union Of India on Non Forest Land.
5. We will comply with all norms of Environment Department.
We full filled all above terms and conditions and got final sanction from Ministry Of Forest & Environment (Central Government) for allotment of land.
The case was sent to Principal Secretary Forest Department,M.P. Government for his sanction, where he imposed new term to get
the land evaluated by Collector and deposit the same amount as Land Premium and Lease Rent.
Now question arises
1. Whether imposing this new term by Principal Secretary is justified whereas we had already deposited the Net Present Value directed by Hon,ble Supreme Court ?
2. Whether Principal Secretary of Forest Department has jurisdiction to act on M.P. Land Revenue Code ?
3. Directions are given by Hon,ble Supreme Court of India to diversion of Forest land for Non Forest Use in T.N. Godavarman V/s Union Of India. Can Principal Secretary of Forest Department impose his own terms. Specially when they are not passed in Vidhan Sabha.
4. We have met him and tried our best to convince him but he is adamant. What Should be our line of action in this matter ?
Anonymous
13 May 2011 at 20:47
Rajasthan State Industrial Development & Investment Corporation Limited (RIICO) allots industrial land to individuals/organizations. An industrial plot can be permitted to be used
for setting up of hotel without going for any change in land use for commercial purposes
of the plot. In other words, for this facility the allottee concerned will not be required to
pay any conversion charges. However, the allottee concerned will have to pay differential
development charges worked out at the prevailing industrial rates less the development
charges already paid at the time of allotment of the plot. The differential development
charges as mentioned above would form part of the development charges (cost of
industrial land) as updated at par with the development charges for the industrial land
calculated at the rate of industrial area concerned and as may be prevailing at the time of
seeking such permission. The differential development charges are being recovered
deeming that the land is being allotted to set up an hotel at the time of seeking such
permission.
We applied, lets say in january and were allotted land on payment of the differential development charges amounting to around Rs. 60 lacs. Then suddenly after a few days of alotment to us and signing of lease with us RIICO scrapped the requirement of payment of differential development charges for the simple reason that "Hotel" has been declared as "industry" long back and as such no differential development charges are required to be paid. the promotion of hotel industry was also kept in mind while making such decision.
NOW WE WANT TO GET differential development charges deposited by us refunded. IS IT POSSIBLE? WHAT WOULD BE THE PROPER REMEDY? ANY CASE LAW IN THIS REGARD WOULD BE VERY HELPFUL? PLEASE HELP.
when we contacted RIICO we were told that the amendment scrapping the requirement of payment of differential charges is only for future allotments and not for those already made. but my point is that when when "hotel" was always an "industry" then such a requirement is not legal in the first instance. the amendment scrapping the requirement was merely a erealisation of mistake. is there any way we can take benefit of amendment in back date although the amendment has not been made applicable with retrospective effect?
the money was not deposited with RIICO erroneously, as at the time of depositing money it was required by law to do so. its just that after depositing the money the amendment was brought in and the requirement of payment was scrapped for future applications. my only question is can we take the benefit of amendment for past transactions?
Anonymous
13 May 2011 at 18:57
CPC , 1908 Review.
7. Order of rejection not appealable. Objections to order granting application
1[(1) An order of the Court rejecting the application shall not be appealable;
but an order granting an application may be objected to at once by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit.]
As also it has been said that Order of rejection not appealable.than can we file a writ petition before the higher court to the court which has rejected the review petition.
what is the actually meaning of but an order granting an application may be objected to at once by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit. What does it what’s to convey?
Thanks
Anonymous
13 May 2011 at 18:40
NEW DELHI: The Central Information Commission(CIC) has overturned its own decision and ruled that the Supreme Court cannot deny information on judicial matters if an applicant has asked for it under the Right to Information Act.
As of now, information disclosure related to a person's own case could be applied to the Supreme Court under the RTI Act. But in case the information related to judicial matters of a third party, the SC had ruled that application must be made under court rules. Rule 2 of the SC Rules says the applicant must establish "good cause" before disclosure is made, which according to the CIC goes against the RTI Act.
In his order, information commissioner Shailesh Gandhi said that he disagreed with former chief information commissioner Wajahat Habibullah's decision.
His order said, "This bench further rules that all citizens have the right to access information under Section 3 of the RTI Act and PIOs shall provide the information sought to the citizens, subject always to the provisions of the RTI Act only."
He added, "It is the citizen's prerogative to decide under which mechanism, that is under the method prescribed by the public authority or the RTI Act, he would like to obtain the information."
The decision came after Gurgaon resident R S Mishra had asked for information related to letters he had written to the SC. The apex court had denied the information on the argument that the SC had a specific provision by which information was furnished under Order XII of the SC Rules and hence, information relating to judicial matters could be provided only under that provision. The SC PIO further argued that since the then chief information commissioner had upheld this contention, their arguments before this commission were already covered under the said decisions.
Query: So what does this para want to say
(As of now, information disclosure related to a person's own case could be applied to the Supreme Court under the RTI Act. But in case the information related to judicial matters of a third party, the SC had ruled that application must be made under court rules. Rule 2 of the SC Rules says the applicant must establish "good cause" before disclosure is made, which according to the CIC goes against the RTI Act. )
In detail pls.
Thanks
N.J. MISHRA
13 May 2011 at 16:52
please member kinldy guide me:-
what are the difference between the unskilled and casual labours.
whether casual labour falls under the purview of Payment of Minimum Wages Act.
whether educational institution registered under Mumbai Trust Act are considered as Commercial Establishment under Bombay Shop and Establishment Act.
whether Casual labours are entitled for Gratuity and bonus.
whether attendence card cum wage slip are require to be provide to the casual workers
whether Equal Remuneration Act applies to Casual workers.
kinldy requested to do the needful
TEJAL PANCHAMIA
13 May 2011 at 16:43
Can any one share with me the sample agreement for "Forward contract for precious metals"?
We want to enter contract wherein we are going to purchase precious metals to be used for manufacturing a product for a buyer.
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