pratik
31 July 2010 at 12:50
Prosecution (Jail Term) i know that if a person is behind the bars he cant vote but as per the reading of the todays new paper DNA i ahve come across the subject that a abu salem has applied under RTI act, 2005 for a good behaviour certifiacte. So i would like to know that if a person is jail term than also his advocate or my self can apply to to RTI Act , 2005 for any kind of info as per the RTI Act, 2005. Also pls tell me if possible were it has been written that a person under a jail term can't apply under the rti act & can apply under the rti Act, 2005.
Thanks in advance.
pratik
31 July 2010 at 12:43
1)I have heard that a writ can be filed when the appeal is not perferable or the person cant appeal in any law so if he what to go furhter he can file a writ in high court. also i have heard that when a question of nature justice comes than a writ is ONLY maintianable & not appeal.
As per the below findings
A WRIT PETITION can be filed to the Supreme Court, challenging the fact finding process adopted by ITAT. If the Supreme Court is satisfied that the Fact Finding process is not proper, then the Order of ITAT shall be quashed and a direction shall be issued by the Supreme Court to the ITAT to do the Fact Finding in a proper manner and /or as per the direction.
It can come to now that if the appeal is notmaintainable in law than writ petition is allowed.
So tell me when the person can file a writ petition. So were it has been defined or any case laws.
2)Which one is better one whether to file a PIL or SLP which one is more advantages & disadvanatges also when can a SLP & PIL can be filed. CIRUMSTANCES & PROCESS TO FOLLOW.
Thanks In Advance.
Anonymous
31 July 2010 at 12:41
Can any body get its lal-dora property registered?
Getting the same notarised will serve for Income Tax purpose?
Divyesh
31 July 2010 at 12:38
Respected Experts
I am enjoying cash credit faclity of Rs. 1 lakh for my partnership firm with business turnover of Rs. 20 lakhs involved in retail trade. Recently my bank asked for audited financial statements of my firm stating that now as per RBI circular any customer whose trunover is more than Rs. 10lakh and is avialing any advances from bank needs to get accounts audited.
Where as per Income tax act My firm is not required for audit as turnover is juts Rs. 20 lakhs? Can anyone confirm the has RBI issued circular to thath effect?
Regards
Divyesh
Anonymous
31 July 2010 at 12:23
FACTS :
The Petitioner (wife) has filed maintenance petition in Family Court. The Respondent (husband) is US citizen, holding US passport, born and brought up in US. The Petitioner wife is Indian national, holding Indian passport. She went to US after marriage performed in India and returned to India after 18 months due to marital discords. The marriage not registered in India but duly solemnized and registered with US Court.
Along with maintenance petition, wife also filed complaint u/s- 498A and under Domestic Violence Act with local police station against husband and in-laws. The case is still not registered. However, since the police complaint has been filed, husband (Respondent) fears to appear in person before family court lest he would be trapped by the Petitioner by Police action.
In view of aforesaid facts, Respondent chose to file in Court an application seeking permission of the Court to engage lawyer and Vakalatnama (both required in family law matters), duly signed and attested by Consular Officer of Indian Embassy in US, through lawyer in India in respect of maintenance petition.
The Court has, however, taken a view that even for filing these two documents, the party has to remain present in Court. The Court has accepted these documents under objection and deferred the matter for argument to a next date.
Requirements:
1. Supreme Court/High Court guidelines on physical presence of parties in family law matters, especially when the party is foreign national. (Please note that the term “NRI” is different from “Foreign National”).
2.Any recent (preferable) or old judgement on the issue.
3.Any judgement of higher court where due to certain practical difficulties like foreign citizenship, cannot leave job or business for fear of loss of earning, illness, etc., personal presence in family court dispensed with.
The witness to the suit document is the staff of the plaintiff concern. The defense case is that the signature of the guarantor has been forged. The same has been send to the hand writing expert for verification and the result is yet to arrive. The plaintiff has authorized the witness to file the complaint and depose for him as the plaintiff. Is there any irregularity?
sameer
31 July 2010 at 11:46
i am doing ca,completed my graduation and want to pursue llb from kolkata.
can i pursue llb along with ca?
is there any distance learning in llb?
how can i get into lawyer profession?
plz suggest..
What is the evidentiary value if the witness to the suit document swear in for and on behalf of the plaintiff or rather as the plaintiff?
One of our company A demerged with resulting Company B. Court order is awaited.
Now we want to use/write Company A as formerly after the name of the resulting company B.
So can u suggest me whether this is possible to use name of demerged company A in letter head and any other correspondence.
Waiting for ur reply.
Harsad Seta
Preliminary decree for partition with mesne profit
Sir,
I filed appeal for partition suit in the High Court and Hon'ble High Court was pleased to pass partition of the suit along with past and future mesne profit in my favour and directed to approach trial court for Final decree. Under what section cpc I should file to claim partition and Mesne profit for my share of the property. Whether mesne profit and partition of property is decided together or separately in the court. What is the criteria ? How is it decided from which date the mesne profits are calculated (Whether from the date of filing of suit or occupying the land/house). If I do not receive mesne profit as ordered by the decree in that case What steps I should take for claiming my mesne profit. For partition of suit what are the functions of advocate Commission for partition.
I will be grateful for your kind advise and suggestions.
Thanking you,
Yours faithfully,
M.S.N.