venkat reddy
24 November 2008 at 07:40
in partition suit knowingly or unknowlingly on of the properties was not mentioned in the suit what will be the fate of the suit.
Shardul Dev
23 November 2008 at 22:15
Can a person, who in an advocate, appear as-
(1) a power of attorney holder on behalf of a party, and also
(2) an advocate to conduct the same case, and also
(3) a witness -
in a civil suit for injunction, restitution wherein the concerned party comprises of his family members and the suit is his family matter?
Shardul Dev
23 November 2008 at 22:15
Can a person, who in an advocate, appear as-
(1) a power of attorney holder on behalf of a party, and also
(2) an advocate to conduct the same case, and also
(3) a witness -
in a civil suit for injunction, restitution wherein the concerned party comprises of his family members and the suit is his family matter
Dr.Gaurang N. Gandhi
23 November 2008 at 14:43
Sir,
My education qualificationis B.Com.-LLB.
I'm doing LLM with Business Group.
Along with that I also Doing Cyber Law Investigation course.
My Questionis:::
How to be appointed as VIGILENCE?
Dr.Gaurang N. Gandhi
23 November 2008 at 14:38
Provisions of FEMA to control Export and Import
Tipsy
23 November 2008 at 13:24
I have following querries
One of the member of B wing has carried out Illegal construction of the flat on the 8th floor and has constructed sheds and put grill with out proper authorision from the authorities inside and outside drainange pipe lines, which has resulted in to non safety of my house out event though fire officer has made following remark and full letter is produce below.
1. Encrochment in refuse area on 8th floor, shall be remove and shall never be locked and maintained as per NOC
What can I do , when I complained beck to fire office, he says I can do any thing as I have already given letter to N ward office , who are in charge of demolition
Mumbai Fire Brigade
Office of the Chief Officer
E Ward , Office Bldg, 2nd floor,
10 H S St, Byculla ,
Mumbai 400 008
To
The secretary 30/08/2008
Sub : Inspection of Fire proction and fir fighting systems in our bldg incompliance
Of Original NOC
Dear Sirs
You are aware, the high rise building pose typical fire and lift risk and as such in the interest of safety of the occupants of the bldg, it is necessary that the fire safety measures provided in your bldg are observed and maintained on continual basis
The deficienceies/recommendation in the fire protection and fire fighting systems noted by the inspecting officer are mentioned below. You are reqauest to rectify the deficiencies/ comply and intimate this office at the earliest, In receipt of intimation or compliance from your end the insepceting squald will once again inspect your bldg for ensuring the maintaineance of the fire safety measures provided in the bldg
Reccommendation
1. Encroadchment in lift lobby shall be removed
2. Entire fore fighting system i.e riser, manual fire place system, first aid house and hydrant pumps extinguisher shall be rectified and restored to working condtions
3. Encrochment in refuse area on 8th floor, shall be remove and shall never be locked and maintained as per NOC
4. Portable fire extinguisher of buckets shall be provided in electric meter room to lift machine room
5. Partition wall between A and B in open space on north and south shall be removed
Rakesh Agarwal
23 November 2008 at 11:39
whether divorce can be filed within one year in hindu law?
CHIRAG SAWANT
23 November 2008 at 10:32
Hi,
I am a Student of CA FINALS And I need Ur and Ur Frnds Circle's IMMEDIATE HELP And SUPPORT And CO-ORDINATION For 1 Matter which is Currently Under Consideration in RASHTRAPATI BHAVAN Concerning 3 to 4 Lacs Students Life in India who are Being Exploited and Tortured Due to System Errors.
Pls do mail me on rcs2353_poi@yahoo.com and get Complete Details in this Regards. The Matter is GENUINELY SERIOUS. I will be grateful to you if you can do the needful.
jin
23 November 2008 at 10:25
hi my father has got a share in house property of my grandfathre.there are three shares.the property is old house bought in 1960.the will is of 1994. wht are the effects of sale considration to my father .and wht shall be the capital gains and tax thereof if the property is sold for 30 lakhs. how the capital gain tax be avoided.my father has a personal i t file and also huf i t file
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stigma on rape victims [ child]
STIGMA OF RAPE
In an appeal against conviction for the offence punishable u/s 376(2)(f) , I have taken some novel grounds . The Appellant is convicted for 10 years R.I. and all evidence points towards his guilt. I would be very much indebted if the esteemed Advocate members/law students express their LEGAL OPINIONS [preferably supported by citations. General discussion please excuse ]. Boldly I have taken the grounds, but I do not know if I am right or wrong. Please comment and help out. [ I am convinced that there are absolutely no grounds for defence ]
[e] In the alternative and without prejudice it is submitted that the Ld Judge ought to have convicted the Appellant / Applicant for offence punishable u/s 376 and 511 of the Indian Penal Code. This would have been right and proper in view of the stigma attached by the society to a rape victim. By doing so , the Ld Judge would have prevented further stigmatization of the victim from being branded as a rape victim causing her serious psychological harm. [ as a damage limiting exercise , this would be just]
[f] That a person whose s*xual feelings are aroused by small innocent children ought to be looked at as a person with low self esteem with a deranged mind. [ which is a product of an abused childhood] and while sentencing , psychological counseling of the accused ought to have been ordered so that after completing the sentence , the accused person is let back into the society , not as a pervert but as a normal human being. This is necessary because after sentencing , by coming in contact with criminals there is a likelihood of more serious harm being caused to the accused’s mental health. Life is too precious to be allowed to wither away because of an impulsive incident by an under privileged accused. No soul is unredeemable.
[g] Under section 376(2)(f) :- whoever commits rape on a women when she is under 12 years of age shall be punished with rigorous imprisonment for a term which shall not be less than 10 years but which may be for life and shall also liable to fine.
Definition of rape u/s 375 , first explanation ‘ penetration is sufficient to constitute the s*xual intercourse necessary for the offence of rape.’ Various High Courts have consistently taken the view that even slightest penetration is sufficient to make out an offence of rape. In Madam Gopal Kakkar v/s Naval Dubey , the Hon’ble Supreme Court has held that ‘ even partial penetration in the labia Majora or the vulva or pudenda which in the legal sense is sufficient to constitute the offence of rape’.
It is respectfully submitted that construing strictly the word ‘penetration’ in section 375 of the Indian Penal Code, it strictly denotes that considering the female anatomy, it is only the hymen and no other part of the female anatomy which can be penetrated. Hence the offence u/s 376 ought to be considered established only when the hymen is penetrated and the male organ enters the v**gina. Superficial attempt to penetrate the v**gina would amount to outraging the modesty / knowing the women carnally and would fall short of rape. Such an interpretation is in the interest of child victims so that no stigma is annexed to them through out their life.
[ while arguing orally I will say ‘maximum sentence may be imposed but stigma should not be there on the child victim. Coming from the appellant side I know it is strange , but then this topic needs discussion.