Anonymous
23 April 2011 at 14:56
1) The Contempt of Courts (C.A.T.) Rules, 1992
2) Administrative Tribunal Act.
3) Central Administrative tribunal act.
So (1)is in addition to contempt of court act, 1971 or in derogation to the contempt of court act, 1971. For filling the contempt petition both the (ACT & RULES) should be kept in mind Right Or Wrong ?
(2) How to know that administrative Tribunal Act is applicable to which tribunal ?
(3)It has been said that Central Administrative tribunal act is applicable only in delhi & not elsewhere.
AS the abovementioned rules does not specify that in which is addition or derogation to the court of court act, 1971
becasue as per the contempt of court act, 1971 the act said that any other law other than CC act, 1971 is in addition & not in derogation.
Further Point NO. 2 & 3 The Act does not mention whether it is applicable to which tribunal & not applicable to which tribunal as we know that Income tax has it's know tribunal known as (ITAT) & so the rules of ITAT is applicable right.
So can we come to a conclusion that when any tribunal is formed by the statue & that particular tribunal has it's own rules & regualtions than the abovementioned act known as (Administrative Tribunal Act & Central Administrative tribunal act.) is not applicable. But when the rules & regulations are not made by the statue than the above mentioned tribunal act is applicable.
Clarify the above myth.
Thanks.
Anonymous
23 April 2011 at 12:58
What is a L.E.Suit?
When can it be filed an against whom?
Can it filed against someone who is staying at a residential premises for 50 years?
What are the damages that can be claimed?
Can it be filed by someone, who is not recognized as the owner in a cooperative society?
Anonymous
23 April 2011 at 12:30
I booked a flat in the month of January 01 2010 with an upfront payment of 65000/- which is utilised in stamp duty and registration. Value of the flat being 15 Lacs which includes everything. I have paid the builder 2,20,000/- in total however due some inconvience am not able to get a loan from any bank, I have requested the builder to cancel the agreement and has agreed to pay me back the amount, i.e 2,20,000/- minus the 51,500/- stamp duty,I just want to confirm that as per the new amendment chapter 5 of bombay stamp act 1958 (section 48,1) now the law states that refund for stamp duty can be requested upto 2 years instead of six months which was the earlier clause and is effective since Nov 2009. I want to get the refund of all the funds however I reliase that on the 7 July 2010 I have exceeded the six month period. PLEASE HELP ASAP as it leaves me confused based on the facts avails on gov websites stated by the chief controlling revenue authority. Also attached is a screenshot from DNA news paper stating about the new amendment.
Anonymous
23 April 2011 at 12:19
1) If The Duplicate will is made (i.e.)one copy is with the safe custody in a bank & other copy is with us & if the copy kept by us is lost or destoryed than the one copy which is in the safe custody with the bank is said to be revocation of both is this right or wrong.
2) What is the difference between Chartered High Court & High Court.
3) Meaning of civil miscellaeanous proceedings & also the difference between civil miscellaeanous proceedings & writ proceedings. Also i have heard that writ is maintainable only when a appeal is not maintainable. ( In short if the statue says that appeal is no perferable than a person can file a writ petition). Please correct if i am wrong.
4) Which one is best in any case whether execution petition or contempt petition also can a revision petition & contempt petition can be filed both at a time in the same court OR DIFFERENT COURT.
Pls do answer the query.
Thanks In Adavnce.
Mugundhan
23 April 2011 at 12:06
Dear Experts, is there any limitation period for filing a petition for amendment of a typographical error in a decree?
Anonymous
23 April 2011 at 12:00
dear sir,
can any body tell me whether dispossession from property comes under the definition of unencumbered, if yes please let me know the Act?
Anonymous
23 April 2011 at 11:50
1)Whether Nationalised bank covers The "Right To Information" Act or not. Whether any information regarding our loan account can be asked to nationalised bank under Right to Information act or not ?
Indian Succession Act, 1925.
2)Under Which Section it has been said that when a judge is transferred he should make over the key of safe(in which original wills are kept)& the teasure's receipt for the duplicate to his successor's and record that he has done so on transfer of charge papers sent ot the high court.
Anonymous
23 April 2011 at 11:49
I have executed a Memorandum of Family Settlement which contains two parts one of transfer of immovable property sold through agreement to sale and shares of a listed company, the term of completion of Memorandum is 6 months by the parties. I had filed the same for registration alongwith agreement to sale and was impounded on account of Stamp Duty. The collector is treating it as Settlement Deed and is asking for Stamp Duty on shares at 2% of value which is around 8 Lac. I m on t conclusion that
1. No stamp duty is applicable as it will paid during transfer at 0.25 %
2. No Stamp Duty is applicable on demat shares
3. Moreover Delhi Stamp Act provides "Memorandum of Sale of Shares" as an entry wehere maximum Stamp Duty could be levied of Rs. 1000/-
Is I am right to go with the above three options or Collector of Stamp Duty is correct declaring it as Settlement Deed
Please advice, ASAP.
Anonymous
23 April 2011 at 11:46
Section 57. Facts of which Court must take judicial notice - The Court shall take judicial notice of the following
facts;
1. All laws in force in the territory of India;
2. All public Acts passed or hereafter to be passed by Parliament of United Kingdom, and all local and personal
Acts directed by Parliament of the United Kingdom to be judicially noticed;
3. Articles of War for the Indian Army, Navy of Air force;
4. The course of proceeding of parliament of the United Kingdom, of the Constituent Assembly of India, of
Parliament and of the Legislature established under any law for the time being in force in Province or in the
States;
5. The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain
and Ireland;
6. All seals of which English Courts take judicial notice; the seals of all the Courts in India and of all Courts
out of India established by the authority of the Central Government or the Crown representative; the seals off
Court of Admiralty and Maritime jurisdiction and of Notaries Public and all seals which any person is authorized
to use by the Constitution or an Act of Parliament of the United Kingdom or an Act or Regulation having the force
of law in India;
7. The accession to office, names, titles, functions and signatures of the persons filling for the time being any
public office in any state, if the fact of their appointment to such office is notified in any official Gazette;
8. The existence, title and national flag of every State or Sovereign recognized by the Government of India;
9. The divisions of time, the geographical divisions of the world, and public festivals, facts and holidays
notified in the Official Gazette;
10. The territories under the dominion of the Government of India;
11. The commencement, continuance and termination of hostilities between the Government of India and any other
State or body of persons;
12. The names of the members and officers of the Court, and of their deputies and subordinate officers and
assistants and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors,
vakils, pleaders and other persons authorized by law to appear or act before it;
13. The rule of the road on lad or at sea.
In all these cases, and also on all matters of public history, literature, science or art, the Court may report
for its aid to appropriate books or documents of reference.
If the Court is called upon by any person to take judicial notice of any fact it may refuse to do so unless and
until such person produces any such book or document as it may consider necessary to enable it to do so.
Query :
Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls Pls
Pls Pls
Tell me in detail detail detail detail detail detail detail detail detail detail what does this section tells
about because i totally confused that why UK, Ireland & other countries names are mentioned pls elaborate if
possible with the example(S)(S)(S).
Pls i have readed the act & not understood the section so it has been posted dont tell me to read it again.
it is a request to explain me the hole section meaning.
2) what do u mean by concurrent powers as per the consitution of india, 1949 with the example.
Thanks In Advance.
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affidavit & Suit.
THe Below mentioned are not define under the CPC, Crpc, Indian Evidence Act & Oath Act but than also are it is used in our indian judiciary system like anything.
Even in British time also this were not define but then also we use it.
As i dont have the knowledge of the belowmentioned & contrary it has not define in the law so i have heard that i will ge the best of the best answer form here.
so a pleasing request to provide me the meaning & difference .
Proof ffidavit
Evidence affidavit
Verification affidavit.
Supporting affidavit.
Rejoinder Affidavit
Counter Affidavit.
Evidence act itself says provisions of the Evidence act are not applicable to any affidavits sworn form any magistrate's & any Notary's person. Affidavits is only governed by the Oath act only. More info in this topic if any judgment than provide in this forum or welcome for the more info & opinion's
Difference between pre-emption suit & administration suit & Summary suit.
Thank's TO Our LD Members For All The State .