Anonymous
16 April 2011 at 19:34
A Writ Petition is being filed under Article 226 & 32 of the Constitution of India for seeking Mandamus, Certiorari, Prohibition, Co-warranto and / or Habeaus Corpus it has been said that writ petition word can be used in the above mentioned maxim only & not otherwise. Writ Petition is generally being heared by a Single Bench of the High Court unless it is of Public Interest Litigation the Writ Petition is being heard by a Double Bench of the High Court.
Right Or Wrong ?
1) That writ petition words can be used in the above mention maxim only & not otherwise.
2) Writ Petition is generally being heard by a Single Bench of the High Court unless it is of Public Interest Litigation & Writ Appeal is being heard by a Double Bench of the High Court.
How to know that it is a special statute or general statute.
Thanks.
Ashok. B.V.
16 April 2011 at 16:43
hi
the answer to your query is as follows;
The proviso to section 2(n) is added by amendment Act 20 of 1987. The proviso (ii) states that "in case of a company, any one of the directors, shall be deemed to be the occupier;" Thus in Bharia Metal Containers Pvt. Ltd. V. State of UP 1990 (77) FJR 93, it was held the section 2(n) does not permit a company to nominate anybody else for the purposes of the Act other than one of the Directors of the company"
However, in 1994 II C. L. R. 312, 1992 II CLR 575 stated that any person other than a director can be occupier within the meaning of section 2(n).
Ultimately, the supreme Court in the case of J. K. Industries Ltd. V. Chief Inspector of Factories and Boilers reported in 1996 (6) SCC 665
The basic question was whether in the case of a company which owns or runs the factory, is it only a director of the company who can be notified as the occupier of the factory within the meaning of provisio (ii) to section 2 (n) of the Act, or whether the company can nominate any other employee to be the occupier by passing a resolution to the effect that the said employee shall have ultimate control over the affairs of the factory. The Supreme Court approved of the former proposition. Thus as per this judgement no person other than one of the directors can be occupier under the meaning of section 2(n) (ii).
Ravikant Soni
16 April 2011 at 16:43
Friends,
I am defending a case in which there has been filed negative Final Report by police that no offence is made out and case is of Civil nature. But despite of this fact a senior police official ordered for re-investigation and arrest all the person having been charged. And some of them arrested as well.
I m favoring accused side.
please refer some judgments to come out the situations..Please...
PBS KUMAR
16 April 2011 at 16:01
Dear Experts,
I am in grate confussion. Who is an "OCCUPIER" as per Factories Act, 1947 ? The contravension is only Board of Director nominee has been appointed as Occupier or only any one of the Board of Director has nominated as Occupier ?
Your response is most urgent, if any provide with case law or any G.O. may please supply.
Regards,
PBS KUMAR
Ashu Arora
16 April 2011 at 15:45
Hi,
Please advise me on below.
I joined a company Quick Journeys and Discoveries Pvt Ltd in March 2011. I have the offer letter on company's letter head in a PDF document through company's official e-mail ID.
I have worked with this company for the month of March and didn't found it a long term company and decided to look for another options.
My employer came to know about it but still he offered me the salary cheque for the month of March but when i deposited the cheque in the bank, the very 3rd day i came to know that the cheque wasn't cleared because of stop payment order by the drawer.
Later on the employer stopped my cab service as well. I have not resigned from the company yet, Since then i am chasing my employer by e-mails, phone etc. but he is not answering any of these.
I want to know from my employer weather he want's me to still work with him or not secondly will he clear my outstanding salary for the month of March or not ?
I know he can't terminate me without giving me a notice for a month or he has to give a month's gross salary in lieu.
Please advise me how should i go on this?
Thanks & Regards
Ashu Arora.
arun
16 April 2011 at 14:28
please give me a drafting of a complaint against a chandigarh based police constable, who made fake promise of marriage with a woman and having physical relation without her consent.....but after this incident she said him for their marriage ,but he denied strongly .then she go to court for justice .but even her advocate cleverly met with accused person and without complainant consent withdraw case. this incident is of year 2007 .but still she has not got justice. now she files a complaint in public window(women welfare cell in sector 9 of chandigarh) against police staff .but she has not medically examined herself after the incident of rape i think it is her loose point .. but she engaged me as lawyer .. i am fought her case free of cost.. i have to file a complaint on 19 april i.e.tuesday so i respectfully prayed sir please give me drafting i am fresher in this field....
Debashis Saha
16 April 2011 at 14:13
Whether Interest received by a NRI from "Fixed Deposit with Indian Bank" qualifies as "Interest" within the definition of "Interest" as per ARTICLE - 11 Clause - (4)of DTA Agreement with Canada ?
Narendra
16 April 2011 at 11:50
Respected Sir/Madam
We have Arbitration and conciliation Act 1996. In that provisions for conciliation are given. But there is doubt in my mind relating to concepts of Mediation and Conciliation. Mediation has not been defined in the Act. In both these methods 3rd party participates in dispute between parties. But what is the exact difference between Mediation and Conciliation?
Thanxing you in advance.
shuvendu satpathy
16 April 2011 at 08:20
please give an reply at an early date
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
restriction of a person to leave without declaring
my grandmother lives with my father at my late grandfathers house( which has been mutated and declared in his will ,that the house would go to my father) .My fathers brother lives in a separate house( built on a separate piece of land as indicated by my grandfather in his will).
off late,my grandmother at the insistence of her younger son went to police station to register complaint on the fact that my father was refusing to hand over the furniture's that belonged to my grandmother,as she wants to move in to her younger sons house.but my father stated he would readily allow her to leave with the furnitures(which are not indicated in the will to belong to my father),if she gives a written statement on bond paper and in presence of court that she is leaving on her own wishes and that she hasn't been subjected to torture in leaving this house.my father made this condition to avoid unwanted legal hassles that may arise if my grandmother complains after moving to her younger sons house that she was tortured in leaving the house of her elder son which was initially her husbands house.
my grandmother doesn't wishes to go through the court proceedings for writing the statement in presence of judge.altogether she is summarily trying to avoid the legal procedures that my father told to her.
my request is what should be the next step in order to avoid the inevitable that may arise once she moves her to her younger sons house.what can we do to notify the court and not fall on the wrong side of law after she moves and accuses my father of mistreating her.