Anonymous
04 April 2011 at 13:00
PLz inform me step by step formation/registration of education soceity in a city of uttar pradesh, what document is need, which office/Deptt. i have to go for registration etc
pratik
03 April 2011 at 19:07
Civil Procedure Code 1908
25. Power of Supreme Court to transfer suits, etc.
1[25. Power of Supreme Court to transfer suits, etc.
(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.
(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]
Query : so as per section 25(5) can we say that if the SC (Supreme court) directs the case of a civil suit for Mumbai (maharashtra) to Gujarat than the amend if done under the civil procedure code, 1908 in the state of gujarat will not apply but the amendment done or not done will only apply. (In short gujarat state government has done any amend than tha amendend will not apply only maharashtra (mumbai) amend or law will apply. Becasue the state has the powers to amend the law as per the state goverment discreations given under the indian consitution, 1949.
Also what is the meaning of (made by a motion ) as per section 25 (2) ?
Thanks.
venkatesh Rao
03 April 2011 at 17:54
In a reported derision of 1983 , three judge bench of supreme court in an appeal u/o 136 released the accused on probation in a 409 case. also added that this judgement shall not be a precedent. My questions are:
1. 409 IPC is punishable with maximum of life and hence PO Act is not applicable. Can the Supreme court even under Art.142 pass such orders which is expressly prohibited under a law in force unless the law is declared unconstitutional?
2. Once a judgment is pronounced, by operation of law under Art.141, it becomes a binding precedent even to the supreme court unless set aside by the larger bench of supreme court. How come the supreme court can order that it can not be a precedent? the spirit of 142 is somewhat different and the power vested therein relats to facts of a particular case and not the legal aspect.
3. Does such clause not offend Art. 14 if similarly situated persons are deprived of the benefits of precedent?
In spite of best efforts, I could not lay my hands on the decision.
will constitutional experts resolve my doubt?
Anonymous
02 April 2011 at 17:59
As per constituional law, any person outside the parliament house or any third person outside the parliament house is barred from publishing any proceedings of the house in a defamatory manner (be it the facts of the proceedings), however in law of crimes, an accused has a defence available to him to publish any defamatory proceedings in the interest of the public.
Please clerify the above two points...
Anonymous
02 April 2011 at 16:51
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.
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 : What do u mean by 2 & 3 .In the above statements.
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;
Query : What do u mean by 1 & 2 in the above mentioned statment ?
Also who to kno that which THE PROVINCIAL INSOLVENCY ACT, 1920 & THE PRESIDENCY- TOWNS INSOLVENCY ACT, 1909 is applicable & where it is applicable.
2) This is the 15 th time i am writing the query but no one has the answer or why the respected jursit dont want to answer . AS the query has posted in this forum because i haven't got the answer for any where else so i am posting this forum again & agin so pls help me out.
Meaning of Proof Affidavit, Counter Affidavit, & rejoinder Affidavit ( Pls the difference if possible) where, when file & also applicable in tax matters or not , SLP & writ petition.
help me out.
Thanks In Advance
Anonymous
02 April 2011 at 16:33
A witness standing in the witness box & giving the evidence or he was cross examined during that time other witness standing by side or any person for the or public sitting in a open court (called as a layman audience) says some bad words to the accused or the witness who was cross examined than it has been said as per the contempt of cour act, 1971 section 2 he was purposelly interfering the court proceedings so it is said that it is a contempt of court & person is laible for contempt case but as per section 10 no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860).
if any offence is punisable under the IPC, 1860 than no contempt case will be held. So know contempt case should be filed or section 499 (defamamtion) case should be filed against that person. Becasue as th person was givin bad words to xyz person in the court during the proceedings so it is a defamation becasue he was insulting the person without any reason but simaltenoulsy it is contempt of court also so which one will prewill & can both the case (contempt case, Section 499) can be filed on that person ?
Section 10 Every High Court shall have and exercise the same jurisdiction, powers and authority, in accordance with the same procedure and practice, in respect of contempt's of courts subordinate to it and it has and exercise in respect of contempt's of itself.
Provided that no High Court shall take cognizance of a contempt alleged to have been committed in respect of a court subordinate to it where such contempt is an offence punishable under the Indian Penal Code (45 of 1860).
Also can both the cases can be filled under the same court or any different court repsectively.
Thanks
God Bless U All.
Anonymous
02 April 2011 at 15:01
Section 169. Public servant unlawfully buying or bidding for property
Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated.
Section 168. Public servant unlawfully engaging in trade
Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Query: If the public servant is convicted under the above mention section(S) than which imprisonment will come or follow whether one year or 2 year or clubbing it i.e. i (1+2) total 3 years imprisoment pls clearly. How to claculate the imprisonment period if the any person is convicted in any section(S) which differs the imprisonment ?
Also if the above situtation is with fine thant what to do ?
Eg: Section 168 says that there is a fine for 5000 Rs. & Imprisonment for 1 year & also convicted under section 169 which says the fine 10000 Rs. & Imprisonment for 2 years than which will prevail ? Whether a fine for 5000 Rs. & Imprisonment for 1 year OR OR OR OR fine 10000 Rs. & Imprisonment for 2 years (CONFUSED).
Help me out.
Thanks.
Anonymous
02 April 2011 at 14:24
Pls answer because the below matter has not been defined under any law till now.
Difference between requisite stamp paper & judicial stamp paper & non judicial stamp paper. which one is more usefull in th eyes of law in any proceedings.
Meaning of Proof Affidavit & Counter Affidavit whehter can be used in Tax Matters. Pls
Again repating the above line because no were defination has been given .
Thanks.
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