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 15:17
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
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
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.
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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