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Anonymous   29 April 2011 at 16:46

responsibility to proove .


r/sir,
I was a member of an a.o.p and I had
retired from that a.o.p.in 2003.A public announcement had been made but the copy of announcement is not in my possession and it is with rhe remaning members who are not co operative.I have the copy of dissociation from that a.o.p.Now in a case I may have to produce
the public announcement.what should I do?
Can I File an affidavit in this regard.

your Prakesh

bhushan singh charan   25 April 2011 at 21:01

jheel sarkashan fee

whether without publication of notification in official gazztan leavy fee for conservation of lakes? pls refer judgment in support of answer

Anonymous   25 April 2011 at 17:19

removal of intangible assets from India

I have an Indian-born client who is a USA citizen. The couple has assets in India and I have several questions regarding the disposition of these assets. They have a trust set up in the US and I want to know whether the plan of disposition outlined in their trusts would be applicable to property In India. What would be the process in India for the transfer of ownership of the assets at the death of a relative to my clients? What process in India for the transfer of ownership of my clients assets at their deaths? Is there any restriction on the removal of intangible assets from India if received as an inheritance?

Anonymous   24 April 2011 at 16:29

Can victim of violent crime demand monetary compensation and penalty be imposed on State?

Dear Experts can victim of violent crime like murder kidnaping, rape etc. demand monetary compensation from State and penalty be imposed on State?

As per my understanding it is not possible because Right to Life under Article 21 is a negative obligation of State. Also citizens have Right to Self Defense under Article 21 which they can excersise to safeguard their Right to Life.

Moreover our Part III of Constitution has been lifted from US Bill of Rights. US Supreme Cout in DeShaney vs Winnebago County, 1989 has said "the Constitution does not impose a duty on state and local governments to protect the citizens from criminal harm"

Is my understanding correct or incorrect from the point of view of law?

Anonymous   24 April 2011 at 10:57

difference bet writ petition and appeal to high court

please explain difference between writ petition and appeal to high court in the following subject-

wife granted ex party interim relief in d.v. act.

all allegations are false as happen in max cases

max in laws are booked in both alleagation ie.498a and d.v.

all relatives of husband compelled to attend court matter from 500 k.m. away

wife siting at her town court spents only rs. 10 and husband side losses money more thatn rs. 3000/- for each date.

advice please to any legal action against wife and appeal or writ petitions difference .

Anonymous   22 April 2011 at 20:52

Pls Take the time & provide me the info.

Marutiudyog ltd vs. Ramlal (2005) 2 SC 638.
&
In CIT vs. B.R. Constructions (1999) 202 ITR 222 (AP) CFB.
&

SC in South India Corp Ltd vs. Secretary Borad of Revenue.


Required the whole case in detail pls any one provide me. It is not there in indiankoon.com so pls do the needful

The citation gives the non - obstante clause interpretation by the SC in depth.

Thanks.

Anoop Koneeri   21 April 2011 at 19:02

role of C A G

how far the comptroller and auditor general of India succeeded in its role of ensuring good governance and curbing corruption in administration?

Anonymous   20 April 2011 at 18:45

De FACTO.

1) De Facto means In Fact In LAW

2) De Facto means A de-facto guardian is a person who takes continuous interest in the welfare of the minor’s person or in the management and administration of his property without any authority of law.


So what is the actuall meaning of De Facto. Pls Clarify it.

3) Letters Patent Appeal arises when an order of a single judge of a HC is appealed in a larger court of two judges of the same HC.I Agree but LPA is overriden by CPC or it is settle applicabe In an HC. (Specially in Bombay High Court).

Thanks.

M. PIRAVI PERUMAL   20 April 2011 at 17:59

LEGALITY OF MEMBER OF CIVIL SOCIETY IN THE COMMITTEE TO DRAFT LOKPAL BILL

Is it legally right to include members of civil society other than elected Members of Parliament in the committee to draft Lokpal Bill ? Requests the legal position and the opinion of the learned LCI members in this regard.

Anonymous   18 April 2011 at 23:53

Impact of material omitted in writ petition

Ld Counsels,

In a writ petition the respondent has omitted to file a material record (document) to substantiate an averment made in the counter affidavit.

Respondents claim was rejected without considering that particular averment and hence the writ was allowed. Respondent filed a writ appeal by magnifying the averment with more clarity and also filed all supporting documents on the ground that the signle judge erred in law and in facts. WA was dimissed on admission itself.

Is it possible to file a SLP before SC agaisnt the order of Writ appeal. Will there be any impact due to omission to file all the documents in writ petition itself while the SLP is against the order in Writ appeal in which there is no omission.

Please clarify. Thanks