KAMARAJ BHARATHY G
17 July 2010 at 23:10
I would like to bring to your kind attention about the District Judge (Entry Level) recruitment notification, which has been issued by the Public (Special.A) Department, Government of Tamilnadu on 01.07.2010. In that notification it is mentioned that the applicant must be practicing on the date of notification as an advocate.
I further state that the Article 233 of the Constitution of India states as follows
"Appointment of district judges.- (1) Appointments of persons to be , and the posting and promotion of, district judges in any State shall be made by the Governor of the state in consultation with the High Court exercising jurisdiction in relation to such State.
(2)A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than seven years an advocate or pleader and is recommended by the High Court for appointment."
In the above said Article it is clearly stated that a person who is not in the Union or the State service and has been advocate for minimum 7 years, is eligible to be appointed as District Judge. As per the Constitution the eligibility is 7 years experience as an advocate and he need not be an advocate at the time of appointment.
At this juncture, in the rule 5 of the Tamil Nadu State Judicial Services (Cadre and Recruitment) Rules, 2007 (G.O. Ms. No. 79, Home (Cts.IA), 19th January 2007)the sentence "Must be practicing on the date of Notification as an Advocate" is purely violation of the Constitution of India and Ultra Virus.
Therefore, I wish to prevent the Constitutional violation and act of Ultra virus, and we want to take step to repeal the sentence "Must be practicing on the date of Notification as an Advocate" from the Tamil Nadu Judicial Services (Cadre and Recruitment) Rules, 2007 (G.O. Ms. No. 79, Home (Cts.IA), 19th January 2007) and cancel the notification of the Public(Special.A) Department, Government of Tamilnadu, dated 01.07.2010 KIndly give your suggessions and interpretation also.
adv. rajeev ( rajoo )
17 July 2010 at 23:08
Learned Members,
My collegue has filed a private complaint u/s 138of NI Act.
In the complaint due to oversight father name of the accused shown as X instead of Y. This fact only came to know at the time of cross examining the complaint. As such now my collegue wants to amend the complaint. Whether can be done? if any ruling please mail me.
srikanth
17 July 2010 at 22:48
Hi all
In our area(Hyderabad,kukatpally) we are having different situation....all shopvalas are not accepting 5 rupee notes..can they deny like that..can we any action on them like complaining to police..pls help me on this
pratik
17 July 2010 at 22:40
Indian Succession Act, 1925
294. Filing of original wills of which probate or administration with will annexed granted.-
(1) Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or letters of administration with the will annexed may be granted by him, among the records of his Court, until some public registry for wills is established.
(2) The State Government shall make regulations for the preservation and inspection of the wills so filed.
1) It means if the person requires the probate form the court or court gives any body a letter of administration then the person has to submitted the original will to the court. (And when the executor (the person who gets the probate form the court) works is over which the executor is liable the probate or letter of administration automatically cancels without the assent of the judge on the probate letter or letter of administration or the judge says that the executor works is over so no longer he will be a executor of any property) Pls clarify me .
2) Also as per the above section what do u mean by "until some public registry for wills is established".
Thanks In Advance.
venkatkrishna
17 July 2010 at 22:30
In my experience, I come accross several incidents where the original / main agreemnet is registered one and on every occassion of renewal parties to the contract are exchanging a simple letter aggreeing for further period of years with a condition that " except the changes specified in this letter all other terms and conditions of the main / original agreemnet are valid and binding".
How many times the period of contract can be extended by way of simple letter of extention of the contract or renewal of contract.
Anonymous
17 July 2010 at 22:28
In continuation of My query on July 7th.
Sir,
I intend to file a RC case against my tenant who is using the house for commercial purpose in contravention to the mutual oral agreement for which I possess adequate doc proof.
My claim is to the tune of Rs.10,00,000 in the HYDERABAD municipal limits.
Can any learned advocate inform me the amount of COURT FEE that would have to be paid while filing the RC suit.
Thanks.
-------------------------------------------
Why I intend to file a case in RC is that My tenant is not paying my fair rent as agreed orally and has under stated the rents by more 50% of the original value.
He is not paying rents for ling and I also possess adequate proof of his involvement in running the said office.
That is the reason for inquiring for the mandatory court fee to be paid.
Thanks
Muneeswaran K
17 July 2010 at 20:04
My wife and her sisters, whose father died in 2005, have filed a civil suit in District Court regarding their brothers refusal to give share in their grand father’s property stating that there is a WILL, which was not shown to them till date. The case was filed four years ago and till date the case was not taken up.
Now they want to know whether they can go to High Court since the value of the property is more and two of the three plaintiffs have become senior citizens.
Kindly clarify
1. whether the case can run concurrently in both the court or not?
2. Since the case is filed by grand daughters in District Court, filing a suit with the fourth generation in the High Court- is it possible?
Amar jothi
Anonymous
17 July 2010 at 19:58
Husband died without nominating for any of his bank accounts/ transactions. Wife was advised by bank to get a Succession Certificate. Could someone pls tell me the procedure/ court to apply for the same n how probate comes into picture here. Location is Bangalore
S.KARUNAMOORTHY
17 July 2010 at 19:14
Dear Learned Seniors,
Can you please explain the detailed procedure for registration of Religious Trust with various authorities and other related issues. Also send me the format of religious trust deed.
Hope to recieve feedback soon
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promissory notes
Dear advocates,
Whether demand of the amount covered by the pro note is a 'must' before instituting a suit? if a suit is filed without the pleading with respect to the demand of money back, what will be its fate? please give me the citations showing " demand(either oral or written) is pre-disposed before filing the suit based on promissory note