Anonymous
12 July 2011 at 15:52
If the views of the Ssupreme court expressed in an earlier decision are explained in a subsequent decision of the supreme court, the explanantion in the subsequent decision will have to be followed by the high court, even if the subsequent decision is rendered by a smaller Bench of the supreme court.
Query: any example what does the above want to say .
Anonymous
12 July 2011 at 15:37
1........ Single Bench
2.........Division Bench
3,5,7,9,11 & 13
in this which one is full bench & Consitutional bench can anybody tell me pls.
In High Court how many bench are there whether it may be orginial juridisction, criminal or civil in nature or appellate jurisdiction or writ matters .
Requesting the LD members to elaborate it if possible by the judgment give by the SC or the HC.
Thanks.
Anonymous
12 July 2011 at 15:17
A Judgment delivered by a Division bench on a reference made by a single bench with the help of Chief Justice of the High Court, since such judgment would not be a judgment at all, and has no existence in law, becasue such a reference was tantamount to usurping the juridicrtion of the chief Justice.
The judgment delivered by the Division bench cannot be called as a binding precedent as it was a reference by a single bench to the division bench.
Help me & pls do support the answer with the case law.
Anonymous
12 July 2011 at 11:49
Dear Experts,
I am not able to recall the exact words of Hon'ble Supreme Court in a judgment. It was about the following of precedent in judgments. Supreme court had said that precendent cannot be the sole basis for judgments, because if a wrong precendent is already being followed by court in past, a wrong cannot be allowed by court to continue forever. Hence struck down about blindly following a precedent. If anyone could provide me that judgment/s.
Anonymous
12 July 2011 at 09:58
I have been removed from service after 24+ yrs after a departmental enquiry. The IA has reported that there was no evidence against me in the enquiry but the disciplinary authority differs and without further enquiry, summarily removed me from service.This is against principle of natural justice. Do I have a chance get redressal legally ?
Raja
12 July 2011 at 00:06
How to get information from ICICI Bank within the purview of RTI act 2005 ?
joe
10 July 2011 at 18:47
While noting that child abuse is a horrendous crime, my queries are of academic interest.
The Goa Children's Act 2005 s 32(l) places the burden of proof on the accused. 'He' has to prove that he did not commit the crime.
The queries: (a)In the absence of DNA, trace element and video other evidence, How does the accused prove that he did not commit the crime? (b) Will this conviction not be considered 'unsafe' on appeal, IF there is NO supportive material evidence?
It is my view (as a person who deals with such cases) that a law which requires the accused to prove his innocence will eventually hamper the efforts to deal with the perpetrators of child abuse and land a few innocent persons behind bars
Anonymous
07 July 2011 at 23:41
I( Vendee-DHR) filed a petition u/s 5 A of the act for regulation of an alienation, on the basis of a compromise decree, obtained in a suit filed for specific performance of an agreement of sale(un registered) before the Mandal Revenue Officer. And after due enquiry and also after following the due procedure, the MRO has issued a certificate to that effect on my favour.
When the matter was carried before the Joint Collector (Revisional Authority) by other side who contended that “no notice was served on them before passing the orders and also further contended that the said DHR has failed to approach the trial court for registration of the sale deed and thus the revisional authority has no jurisdiction to entertain the case”. The Joint collector has dismissed the Revision Petition. Further he also relied upon the Rule 27(4) of the Rules with regard to implementation of court decrees.
As against the said order, the matter was carried by other side, before the High Court (Single Judge) by way of Writ Petition and the same was also dismissed.
When the matter came up before Division Bench of High Court, it was contented that
1. No regularization of alienation even based on a decree obtained in a suit for specific performance can be ordered under Section 5 of the Act.
2. An agreement of sale cannot be considered to be a document of “transfer” or “alienation”
and accordingly passed orders against me. And now the matter is pending before Supreme Court carried in a SLP.
The Act is as follows:-
Section 5-A Regularization of certain alienations or other transfers of lands:-
(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force [where a person is an occupant] by virtue of an alienation or transfer made or effected otherwise than by registered document, the alinee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
Rule 27 (4) of A.P.Rights in Land & Pattadar Pass Books Rules 1989:-
Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received form court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of rights and Pattedar pass Book, the Mandal Revenue officer shall incorporate changes in the Record of Rights and Pattedar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the record of Rights and Pattedar pass Books, If the decree is received or produced by or before a Registration officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Office for necessary action.
1.Application filed against section 5-a of R.o.R act. But it should have filed as per 27(4) of R.o.R act. Does my case can be considered as per 27(4) or it will be dissmissed as per section 5-a.?
Thyagarajan
06 July 2011 at 17:28
DeAR Members,
A petition was rejected by the District Forum on grounds that neither the petitioner is a consumer nor the opposite party is a service provider with in the meaning of the Consumer Protection Act. The litigant took the normal remedy of the first step in hierarchy of appeal as per the Act namely to approach the State Forum in spite of the fact he was sure that the District Forum had exercised his powers with out jurisdiction vested on him by the Act to exclude the opposite party from the group of service providers and the petitioner from that of consumers. In such cases the petitioner found from a citation of Apex Court that when the District Forum has no authority to invoke the jurisdiction under the Consumer Protection Act but acted wrongly , the High Court can exercise its jurisdiction under Article 227 of the Constitution of India and interfere when approached and also when the Act itself is not applicable,directing the parties to file appeals or revisions to the authorities created under the said Act will be a futile exercise because even the appellate authority will not have jurisdiction to pass any order when the Act is not applicable.
In view of above can the petitioner file a writ under article 227 before high court withdrawing case in State Forum
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226 or 227
Any case law which will help me to understand in basic the difference between Artilce 226 & 227 of the Consitution of India, 1949
Or sir with kind help can u pls explain me