Anonymous
05 April 2011 at 22:48
Artilce 132 give the power to file a case in SC but if the HC don't give the certifaiacte than SLP should be manitain or Writ petition should be maintain in any case ? also why do we write SLP. & not any other words.
Which one more useful SLP or Writ petition in any cirumstances &in any case.
B.B.R.Goud.
05 April 2011 at 20:15
if an employee enters into agreement in the matter of pay scales, does he forego his fundamental rights under Art 13 of Constitution of India, 1950.
krishnaprakash
05 April 2011 at 16:41
Sir,
I lost my ration card and applied for replacement card a year and half ago. whenever i walkin to the office they told me that new cards given for printing. with frustration i filed RTI to seek status on my application and got reply that forwarded to concern department. no response for more than six months and filed one more RTI attaching my old applicaion details to collector.. but till today no response for my RTI either for my application. i am thinking of file a case on this. is it legally possible to file a case on this issue? please gudie me on tihs.
Thanks,
Krishna
Dixit Patel
04 April 2011 at 21:32
I am going to marry Chinese girl. Can she apply for PIO card after marriage in India?
If not, which are the ways to get long term visa or citizenship?
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
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Doctrine of restitution is not applicable to the minor
can anybody say me that Doctrine of restitution is not applicable to the minor WHY ? becasue why reading the case law it has been said that Doctrine of restitution is not applicable to the minor becasue therea re not in major as per the indian majority act & order of reversal & order of affirmation i not applicable to the minor because there are governd by their guardian & not by the POA holder appointed by there guardian ?
so i ahve not understood the actuall meaning of order of reversal & order of affirmation & why Doctrine of restitution is not applicable to the minor ?