bhupendra
22 September 2010 at 20:28
what does a contesting proforma respondents means in supreme court ?
bhupendra
22 September 2010 at 20:24
how to place application for permission to file and argue SLP ? in this context please provide following specific information-
a) whome to adress- registrar of S C or Chief justice?
b) Is it has special performa ? than by which Sc rule/ order ?
Anonymous
22 September 2010 at 18:59
Dear Experts,
I have been receiving messages from the experts in response to my queries (Anonymously)
I am working in autonomous organisation on adhoc basis for last 12 years and every 6 months I will have to apply for Adhoc extension. An interview for regular posts were held in year 2000 and depite of my name was there in the panel, the employer doesn't regularise my services with his contention that the resulatnt vacancy has been floated into another category. Then I moved before the CAT, which has directed that floating system adopted by the organisation is illegal and directed the respondents(My employer) to regularise my services from the date of accural of vacancy with all consequencies admissible in law with in the period of 3 months.the order was pronounced in month of Feb 2010
I have filed the contempt petition against the employer( chief of Organisation) for non implementation of the order in August 2010 and therafter the employer has withhold my salary with contention that my adhoc tenure has expired.Then filed the separate Miscallenous Application before the CAT, the Hon'ble CAT has given one week time to file the reply of MA and CP.The hearing was took place in this week where the learned counsel of the respondent has admitted that the employer will going to release the salary with in 1-2 days and the employer is not interested in implementing the CAT order as he is intersted in filing the Writ Petition before the High Court. This has infuriated the Hon'ble Judge and given the order to appear personally in the court
Today my employer who is the chief of organisation has called me and pressurised me to write an adhoc application on the back date so that he can implement the order and harassed me through many messangers
When I checked my bank account, the slary still has not been transfeered to my account despite of the statement made by the learned counsel in the court
I have already filed the caveat Application before the High court
Please guide me :
1 Whether the employer version to apply for adhoc extension from back date is legally valid from my side whether he is not playing tricks to implicate me or safeguard for his side to make an appeal before the High Court?
2 The CAT has not given next date for hearing, Whether I should file the separate and fresh CP for giving false statement before the court in regards to releasing of salary?
3 Any other Alternative you will suggest, I will be very grateful to you
Regards
Chetan
22 September 2010 at 16:44
That the suit for Recovery has been dismissed in default on 28/06/2010, whereas the advocate did not appear in it.
How to restore the present suit ?
Pls provide provision and citation
What is the limitation to restore the suit ?
pratik
22 September 2010 at 15:24
Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object
If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members or that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.
Query : Pls Explain Me The Above Mentioned section in detail with the help of a example & the meaning of unlawful assembly in prosecution of the common object of that assembly.
Thnaks In Advance.
pratik
22 September 2010 at 15:19
1) 118. Presumptions as to negotiable instruments of consideration
(f) as to stamps-that a lost promissory note, bill of exchange or cheque was duly stamped;
Query : What does the clause (f) says pls if possible with the help of a example.
Section 7
"Acceptor for honour": 1[When a bill of exchange has been noted or protested for non-acceptance or for better security], and any person accepts it supra protest for honour of the drawer or of any one of the endorser, such person is called an "acceptor for honour".
Query : what is the meaning of the above one with the help of a example because i am confused that what does this term means " noted, protested for non-acceptance , it supra protest for honour . so pls explain me pls.
PLS WITH EXAMPLES
2) 11- Appointment of arbitrators.
(1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties.
(2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.
(3) Failing any agreement referred to in sub-section (2), in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators, shall appoint the third arbitrator who shall act as the presiding arbitrator.
Query : So as per section 11(3) if there are 5 or 7 or 9 arbitrator than how will select whom & how pls clarify me with the example(S).
3) 14- Failure or impossibility to act
(1) The, mandate of an arbitrator shall terminate if –
(a) he becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay; and
(b) he withdraws from his office or the parties agree to the termination of his mand.
Query : what do u mean by de jure or de facto as per section 14(1)(a).
The Above Query With the Suitable example (S)
Thanks In Advance.
pratik
22 September 2010 at 15:13
1) With its grammatical variations and cognate expressions.
Query : What does the above mentioned statement says or meaning of it in any law where his words occurs.
Also the meaning of chartered high court as per Civil Procedure code, 1908.
2) THE PROVINCIAL INSOLVENCY ACT, 1920
ACT No. 5 OF 1920 [ 25th February, 1920.]
An Act to consolidate and amend the Law relating to Insolvency 1 as administered by Courts having jurisdiction outside the Presidency- towns 2.
WHEREAS it is expedient to consolidate and amend the law relating to insolvency 1 as administered by Courts having jurisdiction outside the Presidency- towns 2;
THE PRESIDENCY- TOWNS INSOLVENCY ACT, 1909
ACT NO. 3 OF 1909 1 [ 12th March, 1909.]
An Act to amend the Law of Insolvency in the Presidency- Towns 2
WHEREAS it is expedient to amend the law relating to insolvency in the Presidency- towns 3;
Query :1) So what does the peramble says pls in detail also what do u mean by "Insolvency 1 as administered by Courts having jurisdiction outside the Presidency- towns 2." Meaning of 1 & 2 in the abovementioned statement.
Query : 2) So what does the peramble says pls in detail also what do u mean by "An Act to amend the Law of Insolvency in the Presidency- Towns 2
WHEREAS it is expedient to amend the law relating to insolvency in the Presidency- towns 3;" Meaning of 2 & 3 in the abovementioned statement.
Also why the peramble mentioned Presidency- towns 2 & Presidency- towns 3 pl tell me in detail because i am confused which should be used or should kept in mind.
Meaning of Presidency- towns & Presidency.
Which one is applicable when & to whom ?
Pls help me out.
Thanks In Advance.
sanjay sanjay
22 September 2010 at 12:59
whether a permanent and mandatory injunction to demolish a portion of allegedly common wall between the 2 houses can be granted in a case when title deed of the property of the plaintiff does not contain the length and bredth of the property ( only area is mentioned in the power of attorney)? whether it is mandatory for the plaintiff to first establish that the said alleged wall is infact a common wall throguh oral and documentary evidence to succeed? Whether in such a case, suit can be decidied on the principle of common sense (or preponderance of probability)considering that two adjacent houses must have shared a dividing wall equally in case it is not mentioned in the documents of the plaintiff and defendent also failed to file any document proving his defence that whole wall is infact comes under his measurement? Whether the principle of estopple applies here considering plaintiff purchased the built in house having the said alleged common wall with the defendent only after the 16 years of the the purchase of the defendent? Please guide.
sanjay sanjay
22 September 2010 at 12:17
whether a permanent and mandatory injunction to demolish a portion of allegedly common wall between the 2 houses can be granted in a case when title deed of the property of the plaintiff does not contain the length and bredth of the property ( only area is mentioned in the power of attorney)? whether it is mandatory for the plaintiff to first establish that the said alleged wall is infact a common wall throguh oral and documentary evidence to succeed? Whether in such a case, suit can be decidied on the principle of common sense (or preponderance of probability)considering that two adjacent houses must have shared a dividing wall equally in case it is not mentioned in the documents of the plaintiff and defendent also failed to file any document proving his defence that whole wall is infact comes under his measurement? Whether the principle of estopple applies here considering plaintiff purchased the built in house having the said alleged common wall with the defendent only after the 16 years of the the purchase of the defendent? Please guide.
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contesting proforma in SC
how to file and mention contesting proforma respondent in Supreme court by petitioner?