SHEKHAR MISHRA
29 September 2008 at 16:16
At the trial, the accused pleads guilty to the charge. The magistrate does not record the statement of the accused under sec.313 of crpc and convicts him.Is it a valid order?
ram
29 September 2008 at 15:15
If any injuction order for prohibited property sent to registering officer can court included order that the related all link documents cancelled of such property?
Legal_Query
29 September 2008 at 13:02
Dear Brothers & SIsters,
Previously it was the practice that whosoever wanted to become a judge would have to go for training under the guidance of a lawyer. This practice had been stopped for the sake of fulfilling the vaccum of judges in court. The intention was good, but the resultant is not favourable as far as the quality of judgement people are getting.
Judges now getting appointed do not have the requisite site of seeing things beyond books and have shortsightedness regarding the practical nature of law. It is saddening to hear from judges "... why would police file a false case" or "...since the police have said against the accused he is guilty as they do not have prior animity against the accused". If prosecutrix will become the investigator and the witness what defence will a normal lay man will be left with, everyone is not mentally and economically strong to fight to the supreme bench. These type of judgments are not only breaking the criminal justice system but also the lawyers who are in the field.
We are also seeing judges who want judgements / citations regarding the settled principle of laws, acts. The type of judges reaching the chair of justice is saddening, they are themself acting as brat, egoistic, rigid and have no ears for listening to things contrasting to their beliefs. Why should lack of proper investigation be going against the accused. If these type of judges are continued to be appointed the lack of quality judgment is going to be seen. Fault of investigating agencies cannot be burdened on the accused, but in reality what is happening is heartbreaking.
Judiciary for whatever reason is going for the quantity of judgement rather than quality of judgment. Speedy trial without quality cannot be a solution but more appointment of people having right calibre and attitude will be. This will not only restrict the no. of litigation but also enhance the no. of judgment.
Seeing present situation it seems proper to suggest that all the students of law should be sent for training under a lawyer after their final year and degree be awarded after the said period or after getting the degree they be trained under a lawyer before getting to sit in for civil judge (the previous practice). Citizens life and carriers are on line of fire, people giving justice should have the nerves to show through their judgments rather than saving hands and contributing to no. of pending cases.
Judgment in a case is never satisfying for both the parties but it is of prime importance that quality and nature of justice be maintained.
"Restore the previous practice of appointment of Judges"
Rgds
kaushikphm
28 September 2008 at 20:03
Dear Sir,
My uncle is having a house in chennai.
property owner adjacent to his house
had demolished my uncle's wall and
constructed his property.
My uncle filed a case in court in chennai
seeking him to demolish his property and
construct a fresh wall.
Could you please advice us for the further steps.
Rekha.....
28 September 2008 at 18:35
Hello! My Gud friends
Hope u all r in a best of health n sprit
Again I need Help from U.
I need Authorities based on sec.12 of Juvenile Justice Act arrested under the charge of sec. 376 of IPC and applied for Bail. I am in the side of accused. Plz supply me soft copy of it. If it is possible send me immediately.
Thax
KamalNayanSaxena
28 September 2008 at 17:31
Are the LR's of nominee have legal rights over small savings in post office.
Apurva Kumar
28 September 2008 at 14:50
Problem;
-Dispute b/w the franchiser (a reputed telecom co.) & franchisee
- I am from the franchisee side
-Points;
-Existing agreement valid till 2010.
-Company is pursuing the franchisee to sign a new agreement.
-Franchisee apprehension is that by the new agreement and norms there payouts (commission) might decrease drastically.
-Issues;
-The co. without any bilateral agreements has started payments as per the new proposed agreement. Without holding any meeting or listening to the franchisee i.e. very much acting in a monopolistic way (hence franchisee apprehension were true).
-Steps Taken Till date;
- The franchisees (7 in no.) have jointly served legal notice to the co. in reply to which they send a very casual and general reply wherein they have falsely denied the allegation prime facie.
-They have referred a certain clause of the agreement wherein they have all the rights to change any clause by giving a circular or notice. (Seems to me they are acting in a very professional manner)
-Question;
-What is the need of such bilateral agreement when there is such hidden clause which they can use as a tool to serve there own interest at any pt. of time?
-Relief;
-My arrears
-My earlier blocked payments with interest.
-Last but not the least if at any time they want that they are not willing to work with me they can terminate the deed by giving me my all the arrears along with my guarantee money. As there is no future with such co. who has no work culture and professional ethics.
-Any suggestions where to sought relief from either MRTP,TRAI,WRIT,or Simply Dist Court? And what to do after legal notice where to go please help me step by step as I am new and confused please!
Regard
Apurva-Kr
Advocate,Patna High Court.
RAJAN
28 September 2008 at 14:24
An officer in a company made a fraud in company after his enquiry he has dismiss from the services.
He raise dispute under 2-A in Labour Office,for reinstatement and cont.with back wages.we have filed an application to discharge his application because ,he was working in the capacity of officer,(nature of job and his authority while working )and no right to raise dispute and also drawing more than Rs.10,000/- salary pm.
Can Labour office discharge his application.
Also would like to have some case law on the same issue, similar to this.
mastanrao.bhogadi
28 September 2008 at 14:21
Sir,
a decree passed by small cause court can be transferred to regular side for attachment of immovable property in view of amendment to Sec42 of c.p.c.
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burden of proof.
A is charged with travelling on a railway without ticket.He denies this, on whom does the burden lies?