pratik
02 August 2010 at 00:33
20. Protection in respect of conviction for offences
(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence
(2) No person shall be prosecuted and punished for the same offence more than once
(3) No person accused of any offence shall be compelled to be a witness against himself
21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law
22. Protection against arrest and detention in certain cases
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate
(3) Nothing in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention
(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:
(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order
(6) Nothing in clause ( 5 ) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose
(7) Parliament may by law prescribe
(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub clause (a) of clause ( 4 );
(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry under sub clause (a) of clause ( 4 ) Right against Exploitation.
2) Preamble of the constitution is the basis of the constitution. It cannot be altered. It is applicable to all. But articles may be restricted and confic=ned to Indian citizens only. But poreamble which cannot be altererd is applicable to all the humans.
3) The Fundamental Rights are enshrined in Part III of the Constitution, and their implementation is guaranteed by the Supreme Court. In other words, Fundamental ' Rights are justiceable. Indeed, some of the Fundamental Rights, it might be noted, are applicable only to the citizens of the country and not to foreigners. Article 20, Article - 21 and Article 22 are, however, applicable to all. At the same time, it should also be ' borne in mind that what is applicable is the 'restriction' on the Right.
Query : Point No 2 & 3 where it has been stated that as per which section case laws. Preamble of the constitution is the basis of the constitution. It cannot be altered. It is applicable to all. But articles may be restricted and confic=ned to Indian citizens only. But poreamble which cannot be altererd is applicable to all the humans. & Article 20, Article - 21 and Article 22 are, however, applicable to all ( All Also includes a citizen of foreign country resides in India or to a foreigner who have come hear for the visit for any purposes.)
Thanks In advance.
pratik
02 August 2010 at 00:15
VIEW OF DELHI HIGH COURT:
The impugned Order dated 07 – 07 – 2010 has been passed by the Hon’ble Delhi High Court relying upon a coordinate bench decision of the High Court in ‘Smt. Savita Bhanot Vs. Lt. Col. V.D. Bhanot’,Crl. M.C. No. 3959 of 2009 (22-03-2010) whereby the Delhi High Court has held the Act to be retrospective in operation.
Query : I have heard that impugned Order means the order which is passed by the lower court is in process of challenging in the supreior court. So as per the above case the order is in process or the judgment has been decalred.
(In short while we write The impugned Order dated what is the exact meaning of it with the example(S)(S))
Thanks In advance.
pratik
02 August 2010 at 00:04
Either you can file a vakkalath or memo of apparence. Memo is a temperory arrangement. & If Memo is filed than vakkalath can be filed later there is no need to file a vakkalath if the memo is filed. Which section says the above mentioned ones.
Thanks In Adavnce.
pratik
01 August 2010 at 23:51
1) Respondent is a resident of U.S.A and petitioner ie wife files divorce in india.how can the respondent cleim that indian court has no jurisdiction?
As per which section & case laws ?
2) Difference between overriding effect & notwithstanding. Also meaning of it with the example. Which one is more benefited while drafting an act or law.
3) Can anybody tell me which act has overriding effect of other law or act any site or book .
Thanks In advance.
pratik
01 August 2010 at 23:44
1) First of all in DV Act case, notices are issued and not the summons. As per which section.
2) As per law whether it is better to send the notice or any letter to the opposite party or court if not mention in any law to become a valid evidence as per the indian evidence act. The notice or letter should be send by Registered Post, Speed Post Or Ordinary Post which one is more benefical to prove as per the indian evidence act.Also which section or act says that if no act or law says that the notice should be post with the registered post or any other kind then which one should be applied for evidence as per the india evidence act.Any case laws.
Thanks In Advance.
pratik
01 August 2010 at 23:34
1) while case is going on & the audience sitting inside the court & if the advocate thinks to bring anybody how is sitting in the audience wants to bring to the witness box than advcoate should file a petition or not ?
2) Difference between judicial separation & divorce because i have come to know that if the court passes the decree for judicial separation then the remarriage is not possible in the whole life time of both husband & wife.Also i have heard that they can't have intercourse also if they meet in once a year & if they wish to have. As per which section or case laws it says that they can't remarry again. & intercourse is not allowed.
Thanks In Advance.
GOD BLESS U ALL.
Anonymous
01 August 2010 at 22:57
A person is doing share trading business. He is not a broker nor he does any share broking business.
this person trades over phone or internet through his home.
Now the society is raising objection that the person is making commercial use of his property. Pls note. This person is not having any board on his flat. Further the person carrys business on his personal name no, firm etc.
How should the person deal with the society.
Anonymous
01 August 2010 at 21:14
What is the procedure to initiate legal action against a Chartered Accountant, for not mentioning categorically in the Auditor's Report about the conduct of the
Apartment owners' Association Managing Committee.
for e.g. The CA writes "In my opinion, proper books of accounts need to be maintained by the Association as required by the law has been maintained".
What are the steps necessarily to be followed to book the CA for his irregularities/manipulation under his zeal and signature, if found during and prior to AGM?
pratik
01 August 2010 at 21:08
1) As i have heard that we can file letter patent appeal in the high court only & not in the supreme court pls clarify me wether i am right or wrong.
2) Pls advice when appeal in perferable to the supreme court is better or letter patent appeal is good because i have heard that if the aggrived party is not satisfied by the order, judgment , decree of the same court than he can file a letter patent appeal to the division bench but the letter patent appeal is allowed in pecuniary cases only is it right that it is allowed in pecuniary cases only or we can file letter patent appeal for any cases pls clarify.
3) If letter patent appeal is filed & then also the decision give by the division bench is perfect accordingly to the aggrevied party than can he file a appeal to the supreme court or not. If the letter patent appeal is filed than before the division bench than it is called as second appeal or only first appeal only.
4) We can file letter patent appeal form divison bench to supreme court or not. (it means it will also include full bench, 5 judge & 7 judge & also the supreme court ).
5) Difference between letter patent appeal & second appeal , writ , writ petition, writ jurisdinction. ( also which ones is more advantages in any case).
Pls provide me the above mention so it will be very much useful to me pls.
Thanks In Advance
GOD BLESS U ALL .
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minor's property
what should be proved or what material should be placed before the court for obtainig permission of sale of minor's property ?Before passing such order what aspect court considers?