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
Anonymous
06 July 2011 at 15:59
Repealing Act, 1870
"1. Repeal of Acts
Repealed by the Repealing Act, 1870 (14 of 1870),
But this Repealing Act, 1870 (14 of 1870)is not traceable.
What does this Repealing Act, 1870 is? Why it is said that it is not traceable? A I have tried in google but I cant find out the Repealing Act, 1870.
What does this Repealing Act, 1870 what to say?
I have came to know that if any act is been repealed then after repealing that act should be mentioned under this act.That xyz act has been repealed.
Eg: BCD act is repealed then this act after repealing should be mentioned under the Repealing Act, 1870 that BCD act has been repealed.
Thanks
Anonymous
05 July 2011 at 20:46
Public Servants (Inquiries) Act 1850 is still applicable. My friend he is a lawyer in Gujarat told that this ( Public Servants (Inquiries) Act 1850) override some act but which acts he doesn't known as he also has heard for someone else can I get the info that where it is repealed or still in force. & which Act are overridden by this act.
Anonymous
05 July 2011 at 19:52
Income Tax Query:
1) What do u mean by machinery provision?
2) What do u mean by charging section?
3) Section 14A of the Income Tax Act, 1961 was inserted in the year 2001 with the retrospective effect from April 1st , 1962 Right . But sir If my assessment are over for Eg: A.Y. 1998 – 1999 & I have received the assessment order than again the assessment will be done?
4) Sir is there any difference between A.O. & I.T.O?
5) Sir if we want to appeal than order is ITO ___ CIT (Appeal) ___ ITAT ___ HC _____ & the last SC. Right Sir.
But sir than what is the use of ASCIT ____ CCIT ____CIT ____ JCIT? What re the powers they have which case they can handle.
6) Chronological Order of ITO, A.O., CIT, CIT (Appeal), CCIT, ASCIT, JCIT & many more if.
7) Sir we know that if ITO does not behave properly don’t do the work in a proper manner we can complaint to A.O. But sir if the CIT or CIT (Appeal) does do work properly they we can complaint to whom.
8) If the ASCIT ____ CCIT ____CIT ____ JCIT does not work properly than whom to complaint. In short if CIT (appeal) doesn’t work properly than whom to complaint, If CCIT does not work properly than whom to complaint. If JCIT does not work properly than whom to complaint.
9) Asstt. CIT is proper or ASCIT is proper Abbreviation.
10) I was reading the case law CIT v. Walfort Share & Stock Brokers (P.) Ltd. [2010] 192 Taxman 211 (SC). But sir whom it is mentioned CIT v. They should mentioned HC v. Walfort Share & Stock Brokers (P.) Ltd. [2010] 192 Taxman 211 (SC). Because after the HC judgment the aggrieved party can appeal to SC Right. If the party is aggrieved by the CIT order than he will appeal to ITAT not directed to the SC. So why the case law says CIT v. Walfort Share & Stock Brokers (P.) Ltd. [2010] 192 Taxman 211 (SC)
11) Restoration petition & Miscellaneous petition is also filed under ITAT so what is the meaning of it?
12) Grounds Of Appeal & Memorandum Of
Appeal. Also this 2 things we have to file in SC also & HC also or till CIT (appeal) & Tribunal Only.
13) Sir under ITAT Rules there is no clarification about the Bench which we see in practical. Sir why some Bench are named as A,B,C,D,E & so on till K. What is the benefit or difference in the bench named.
14) Also how to know that which bench will decide the case or in which bench a,b,c,d, so on it will go is there any rule sir.
Anonymous
05 July 2011 at 19:48
The Doctrine of Basic Structure of the Constitution was invented by Supreme Court. Pls post the doctrine here.
Subordinate Legislation means in simple terms.
Legislation by incorporation & legislation by reference a simple example & difference between them .
Thanks
Anonymous
03 July 2011 at 20:19
Hi please help me,
Am Sony, Recenty get married on 24th February 2011 and the same was registered under indian marriage act at sub-register office on 16th March 2011. My wife, she is working in Government office as a Group-B officer.( Cast certificate was taken before marriage),
Now I got selected for government job, for that I need to submit Validity certificate.
Before marriage I applied for government job under category III(A) reservation
Following are my query's
1. Since my wife working in Government organization as Group-B officer, can I get Validity certificate now?
2.At the time of Job / Application notification Am Bachelor, so I produced income / cast certificate(non-creamy layer)..but now at the time of Appointment I get married ..Is there any problem in claiming category III(A) reservation quota?
events
a. Job notification date 12/12/2010
b. Last date for submitting application 24/12/2010
c. Marriage date 24th February 2011
d. Interview date 27th February 2011
e. Marriage registered date 16th March 2011
Anonymous
03 July 2011 at 18:28
Experts,
For a party appearing in person is it possible to request for video conferencing facility to appear and argue in person.
As for the filing is concerned e-filing is provided, can video conferencing facility be used to appear beforethe court from remote locations of from state high court where the party is residing.
Member (Account Deleted)
02 July 2011 at 23:28
Police remand an accused to the court. Court grant bail against Surety.The money is deposited by the accused to the cooperative bank run by the lawyers.com.
More the remand more are the remand. More granted bail. More Surety money at the lawyers coop banks.
More money , more delay and more profits earned. Why should the lawyers / advocates who has a stake in the interest earned from Surety money urges the judge to deliver judgements early?
Can there be a nexus amongst the police , the judges and the lawyers who could be party to the profits earned for the delay?
Is this the sole reason why lawyers do no mind dragging the case for years?
Anonymous
01 July 2011 at 18:30
Dear Experts, if any one of you could provide a link or upload a sample writ petition to Supreme Court under Article 32 of Constitution.
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Applied an application Section 5-a But section 27(4) correct
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.?