LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jasmeetsingh   21 January 2011 at 09:58

Special Leave Petition

Respected Sir/ Madam,
I had a case in which High Court had dismissed the Family Court Appeal on merits, but as per the appellant the divisional bench had not rendered the reasonable chance for appellant to being heard hence she wished to file Appeal to supreme court, Now I am cropped up with certain question; -
1) Whether is it Important to file a Petition to the High Court to obtain fitness certificate under Article 133 of constitution of India, even though 99.99% such petitions get dismissed?
2) Whether I can file SLP directly without submitting the petition to High Court for obtaining fitness certificate to appeal to supreme court of India?
3) which law/ rule permits me in doing above issue mentioned at no: 2?
Sir/ Madam,
as I have gone through the Supreme Court Rules, 1966 and reproduce the relevant rule herein below for your kind perusal:
THE SUPREME COURT RULES, 1966
ORDER XVI
APPEALS BY SPECIALLEAVE
1. Where 1[certificate of fitness] to appeal to the Court was refused in a case
by the High Court, a petition for special leave to appeal to the Court shall, subject
to the provisions of sections 4,5,12 and 14 of the Limitation Act, 1963 (36 of 1963)
be lodged in the Court within sixty days from the date of the order of refusal and in
any other case within ninety days from the date of the Judgment or Order sought to
be appealed from:
Provided that where an application for leave to appeal to the High Court from
the Judgment of a single Judge of that Court has been made and refused, in computing
the period of limitation in that case under this rule, the period from the making of
that application and the rejection thereof shall also be excluded.

Now in this rule what does "any other case within ninety days from the date of judgment or order sought to be appeal from" mean?

Hope that all my queries will be satisfied by the Respected members of this forum at the earliest point of time.

Always thankful to the forum

Jasmeetsingh.

Anantha Sowrya   20 January 2011 at 23:31

Complaint on SI to Lokayukta

Dear Forum Experts,

I am an accused/victim in false criminal fabricated case(498a. I gave a complaint on the station SI of my jurisdiction. It came for hearing.

FACTS bout Complaint:
Love marriage
No Dowry given
No harrasment


GROUNDS:
No Investigation
Wrong Jurisdiction
No formal Counselling

PRAY:
To punish SI for taking bribery and booking false case in a wrong jurisdcition.

Question:
What are the documents that i have to take for the hearing.
Any proofs(documents)mandatory


your answers please asap.

thanks

anantha sowrya

baswanth mohan paruchuri   20 January 2011 at 20:36

company law and sica

as SICA provisions inserted in THe comapanies Act,1956, can any provide clear picture, relating amendment to comapnies act, 1956 made in 2002 and judgment of supreme court in relation to the amendment recently in may 2010.

sathiyanathan   20 January 2011 at 20:19

non creamy layer certificate

sir ,
my father retired from private factory with an annual income of 5 lakhs in feb 2010.now he has no considerable income.as per creamy layer conditions ,that if annual income of parents are higher than 4.5 lakhs in three consecutive years then one would fall on creamy layer.in my case since my father had retired and other source of in has been very insignificant, will i be in non creamy layer..?

uma.t.s   20 January 2011 at 18:24

Article 12

sir
inorder to prepare for the moot court competition is there any cases that supports the view that judiciary is included in 'other authorities' under article 12 of the Constitution of India?
please reply

Rahul Singh   20 January 2011 at 18:04

Sort of mishmash or other

A person comes to a lady's house & says"mujhe bhagwan a ek adbudh shakti di hai jisce mian sampati(currency & jewellery)to shakti puja se do guna kar dunga"i.e.god has given me special powers that I can double the cash & jewellery.The lady does what the person says,the process goes on for year.After one year the person comes back & asks the lady to bring the bag in which the cash was kept.The person does some pooja goes.After three days the lady when opens the bag,all cash was missing.The person who did this was caught & offence u/s 420 was registered against him.
I want to know that the crime will come under what provision or any act for the crime because to me offence of 420 is not madeout?Kindly advise as i am appearing for the accused & would like to argue the matter at framing of Charge stage.

k venkatesh shenoy   20 January 2011 at 14:30

Trust deed for a Temple

Dear Sirs,
Please provide me with a model Trust deed for a temple which is already in existent. please provide me as much as possible

Arka Foundation   20 January 2011 at 08:55

Dowry offence

Dear Expert members,
In one of our client’s case we have all 4 NRI ‘s as legal witness who are now way concerned with marriage and not present for the marriage.

In fact there is no dowry taking in this case, but in charge sheet FIL of our Client claimed dowry giving.

Who is an abettor in dowry( 498a) case

All people are present @ time of dowry giving, people who are present at any time of the marriage and Or legal witness as per CrPc 161 statements

1. If so, how to file a case on abettor?

2. The functions and duties of the said Dowry Prohibition Officer or Police in this regard.

3. Whether any or all cases of Dowry(giving/taking/abetting) which have come on record anywhere are required to be brought to the notice of Dowry Prohibition Officer(within the given district)?.

4. a). Between the Police authorities and Dowry Prohibition Officer, who is the principal investigating/processing authority on the maters of Dowry Offence reports?.
b).Between the two(DPO and the Police) whose authority can override the other?.

5. From the point of time when any dowry-related complaint is lodged, what are the steps entailed till an FIR/Criminal case is registered (Procedures and documentation) with DPO and vis a vis Police?

6. What are the evidences, proofs, records that are to be collected and required by the Dowry Prohibition Officer, to establish a prima facie case.

7. Details of returns/reports to be submitted by the Dowry Prohibition Officer to higher authorities.

8. Certified copies of all G.O.’s, Memos, Circulars, received by your office and sent by your office on the subject of investigation, processing, reporting, and documenting dowry-related offence.

9. Whether a dowry-related complaint can be lodged directly with police by-passing the Dowry Prohibition Officer and by keeping him/her in the dark, or by the complainants and/or the Police authorities themselves (who are eager to collect the bribes especially in the lower category).

10. Any citations on Abettors which can support dowry offence


Please enlighten us in this regard asap.

Anonymous   20 January 2011 at 00:18

Prove of Signature- Election

Dear Sir,

I am respondent in an Election Petition, I have won Election, now Election Petition has been filed challenging rejection of nomination. In my reply to Election Petition i have taken a plea that, the Election Petition is liable to be rejected on the ground that the Signature of the Petitioner on Election Petition and on the Nomination Form do not tally.

The Petitioner in his statement has said : Election Petition as well as on Nomination Paper bears his signature.

But from bare perusal of the signature on the Election Petition and Nomination Parer would reveal that both signature are not of his. therefore Election Petition is liable to be rejected

I have moved an application before the Court under Section 45 and 73 of the Indian Evidence Act for getting the handwriting of the Petitioner examined by Handwriting Expert.

The Court is of the Opinion that since the Petitioner has said that he has signed both document therefore it is not necessary to get it examined by the Handwriting Expert.

Can you please help me and answer my query
1. Whether a Defendant can call an expert to show that the two document are not signed by one and the same person ?
2. Whether a statement of the Petitioner is sufficient to show that both signature are of his?
please help

Anonymous   19 January 2011 at 22:55

Housing C0-operative Sociery Issue

Municipal Water/sewage charges:
If a Minicipality has a fixed charge per flat charged to the Society based one No. of flats in the Society,irrespective of sizes of flat AND if Bye Laws of the Society (framed under Co-operative Societies Act, states that flats should be charge by a different method, which one takes precedence? The Municipal method or the Bye laws ?