M/s. Y-not legal services
15 August 2010 at 17:46
A high court judgement is, a learner's licence also a valid licence for claiming compensation before the motor accident's claims tribunal. But i can't recall the exact case law, any relevant citations for this query?
pratik
15 August 2010 at 16:48
1) Difference between pre-emption suit & administration suit & Summary suit.
2) 15. Decree in suit for dissolution of partnership
Where a suit is for the dissolution of partnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit.
QUery : what do u mean by preliminary decree how much is it imp for this section & in other laws also.If not obeyed than we can file a execution petition or contemp petition under the same court or appleate court.
2) Pls can any body explian me the concept of counter claim & set off as per CPC i am totally confused pls with the help of a example. Pls dont tell me to read the act becasue after reading only i am confused that when to apply, where to apply, how to apply, & who can apply in which court so pls explain me pls.
Thanks In Advance.
pratik
15 August 2010 at 16:06
The Rejoinder Affidavit shall be treated as affidavit by way of evidence as the complaints under the consumer Protection Act are not governed by the procedural provisions of C.P.C.
Query : 1) WHich section speaks about the Rejoinder Affidavit its meaning , advanatges & disadvanatges , how can apply, why to apply , where to apply, If required or ordered by a court & not filed than what will be the peanlty etc., Rejoinder Affidavit can be taken as a evidence in any court in india as per which section becasue the inddian evidence act does not defines a Rejoinder Affidavit.
2) Which section or case laws also says that The Rejoinder Affidavit shall be treated as affidavit by way of evidence as the complaints under the consumer Protection Act are not governed by the procedural provisions of C.P.C.
3) Pls help to understand every point of Rejoinder Affidavit.
Thanks In Advance.
pratik
15 August 2010 at 15:54
1) The meaning of Cognizance and the details procedures of cognizance has been discussed in details by the Supreme Court in the Classic Judgment as reported in the case of Randhir Singh Rana vs State (Delhi administration ) 1997- (001)-SUPREME-0278-SC.
So pls provide me the case law in pdf format & not the link pls it is a request LD members.
2) A I R 2003 S C 2723 filing false affidavit amounts to contempt.
So pls provide me the case law in pdf format & not the link pls it is a request LD members.
3)Meaning of Rejoinder affidavit , Counter affidavit . Also when to file , where to file, why to file , how can file , what are the advantages & disadvantages,if not filed in the court when required than what will happen in any civil or criminal cases. It can be filed both in civil & criminal Cases ?
Pls help me out.
Thnaks In Advance.
Anonymous
15 August 2010 at 15:18
sirs,
can anybody furnish me the tabular form for claimiming comphensation u/s 166 MV ACT, from any motor accident clims tribunals ?
thanking you sirs,
anshul sangal
15 August 2010 at 15:00
I am a junior advocate. Can any body give me pre trial preparation?What thing i should consider when i have a fresh case?
pratik
15 August 2010 at 14:52
In a criminal case one prosecution witness got hostile. When there was my turn to cross examine,learned magistrate said, "if the witness turns hostile defence has no right to cross examine him, only prosecution has right". I wanted to draw out some more favourable points from this witness by cross examining him, but court objected and directed to show the provision.
Query : 1) I am confused becasue as per me i think prosecution means behind the bars but the abovementioned prosecution is something other pls explain me the term "prosecution " & there rights in civil in criminal cases in any court till supreme court.
2)witness turns hostile defence means what also the meaning of defence in civil & criminal cases & meaning of hostile witness , Unfavourable witness if possible with the help of a example.
PLS TELL ME THE MEANING & ANSWER OF THE QUERY.
Thanks In Advance.
pratik
15 August 2010 at 14:48
Thanku You Sir (Koumarish Bhattacharya)thank you very much .
But As per which section & case laws.
1) Can one Judge pass the order and another Judge sign the same order any in any matter whether it may be civil or criminal in any court including the Supreme Court Judge.which section or case laws says.
2) Writ is allowed when no other alternative and appeal is available in law or we can say that the staute says that appeal is not allowed in any matter than we can file a writ ONLY IN THE HIGH COURT as per which section the above mentioned matter says.
Thanking u All Experts In Advance.
GOD BLESS U ALL.
pratik
15 August 2010 at 14:39
In a criminal case one prosecution witness got hostile. When there was my turn to cross examine,learned magistrate said, "if the witness turns hostile defence has no right to cross examine him, only prosecution has right". I wanted to draw out some more favourable points from this witness by cross examining him, but court objected and directed to show the provision.
Query : 1) I am confused becasue as per me i think prosecution means behind the bars but the abovementioned prosecution is something other pls explain me the term "prosecution " & there rights in civil in criminal cases in any court till supreme court.
2)witness turns hostile defence means what also the meaning of defence in civil & criminal cases & meaning of hostile witness , Unfavourable witness if possible with the help of a example.
PLS TELL ME THE MEANING & ANSWER OF THE QUERY.
Thanks In Advance.
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N IACT 138
Dear Experts, I want to know that if A cheque given as Security under a sale of a vehcle under condition that the purchaser, after getting all the transfer documents ,will return the cheque with due amount, an written agriment was also made for this dealing in front of 3 witnesses. After getting the transfer documents the buyer applied for transfer of vehicle in R.T.O Office .and didnot returned the due amount and the cheque (security) to the seller. he (buyer) filed a suit against seller makig him defaulter of some coal payments by the same cheque (given as security). Uder trial he didnot proved his dues of coal and any business with seller and also accepts the deal of vehicle and too accepts the cheque as security. But after all these the court charged the seller guilty u/s 138 of N I Act. SIR, I want to know whether seller is really guilty and if there any remedy for him ?