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some act but which acts he doesn't known as he also has heard for someone else can I get the info that where it is repealed or still in force.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.
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
27 June 2011 at 13:00
Dear Sir,
 Lecturers appointed in private colleges are experiencing very pathetic condition of under employment.
 They do not have any job security, no rights, no benefits.
 With regard to certain rights of these lecturers, I want to know clear details please provide.
 Are the lecturers appointed in private colleges put in a permanent vacancy?
 How long can a lecturer be kept in probation period?
 What percentage of tuition fees collected from students should be paid as salary or what is the actual salary structure or what is the minimum salary as per minimum wages act ?
 What is the the department of education of state government in regulating the rights and benefits of the lecturers?
 What is the role of Labour commission of India in protecting the rights of these lecturers?
 What are the rules of the Labour commission and or the Education department in protecting the rights of these lecturers ?
Anonymous
26 June 2011 at 08:35
Indian Evidence Act 1872 Section 112. Birth during marriage, conclusive proof of legitimacy - "The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten."
Can any body explain this Section ?
Thyagarajan
25 June 2011 at 10:16
Apex court has ruled Consumer Dispute Redressal Forums can not entertain complaints against BSNL. If as against this a forum admits a complaint can BSNL approach High Court on a writ asking it to interfere or had to approch applelette authority of the consumer court?
Also Apex court had observed all City Developement authorities like CMDA are service providers. Ignoring this if a district court refuses to follow the guide lines and dismisses a petition against CMDA as CMDA is not a service provider ,can an aggrieved litigant approach High court on Article 226?
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Burden of Proof
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