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Member (Account Deleted)   20 April 2010 at 19:50

Judge & prosecution

whether can a judge direct the prosecution as to how it should conduct the trial or that can a judge suggest the prosecution to take one step or other in the matters where prosecution is by law or statute legally entitled & has discretionary powers to take any action. like for e.g. In a criminal trial can a judge suggest/ask the public prosecutor, to bring any particular person as a witness before him ?
in my view in this e.g. he should not do so as he is himself empowered u/s. 311 of Crpc, 1973 to summon material witnesses.
but, my question is general that, can a judge help the prosecution to seek the conviction of an accused person.

Anonymous   20 April 2010 at 19:49

Mah.co-op act 1961

If the society files civil suit in the year 2005 for recovery of money against the directors which are jointly and severally liable for the dues.?
After sometimes society gone to liquidation and liquidator appointed in said society in the present civil suit in the place of plaintiff society the liquidator appear.?
Mean while time the liquidator send the demand notice u/s 105 of M.C.S act.?
The proceeding of recovery by liquidator stayed by the Civil court in the year 2008
In the year 2010 the Liquidator files application u/ o-23 r-1 of c.p.c for withdrawal of civil suit and court granted this application and suit is withdrawal. And liquidator send a notice u/s 107 for recovery of dues.?
In this present situation what is the remedy to the director which are not duly and severally liable for debts? Can liquidator restricted against the recovery plz give me ur valuable guideline in the present case. THANKING YOU.

Member (Account Deleted)   20 April 2010 at 19:44

Res Judicata

Facts : Party A had filed a suit on passing off action against a Party B. The suit was dismissed. Party A has filed an appeal before the High Court & the same is pending. Party A has filed a subsequent suit against the same Party B on similar facts but this subsequent suit is on infringment of trademark. whether this subsequent suit will be hit by res-judiciata.

In my view, since an appeal is a continuation of a suit, the earlier suit cannot be said to be heard & finally decided & therefore, the subsequent suit will not be hit by res-judicata. But, is there any legal basis to support my contention.
I will be highly obliged if i am provided with any authoritative opinion/case law on this point.
regards.

Member (Account Deleted)   20 April 2010 at 19:37

partition & pre-emption

once there is partition inter se brothers (Hindu) then the right to pre-emption does not survive

Anonymous   20 April 2010 at 19:19

Share of Grandson

Hi,
Our property was acquired by my grandfather's mother. My Grandfather expired 12 years back & made the will in favour of his 2 sons (my uncles) out of three sons. There are 4 aunts too of mine. My father fought the case till date & now Grandmother & aunts have agreed to share the equal property to three sons.
Now my father & mother got divorced in 1993 & my father married again to other lady have a son & a daughter from her. I don't have healthy relations with them & I m married too now & they force me to break relations with my real mother & forcing me to leave the house with no share in that property. Getting physical with abuse too. So please advise do I have any right over that property & how much share if its there? Also what can I do to restrain them from being physical with me as I never tried to revert them physically & never abused them?

Anonymous   20 April 2010 at 19:09

offence committed by law expert

sir,
one lawyer in jabalpur mp. is selling lands and geting it cunstructed presently land is in possesion of govt under mp ceiling ACT. that property belongs to his late father.when he was asked to stop this he said i m building house.
can he make a house?
what criminal & civil action can be taken against him?
where to report his unlawful activities as lawyer?
what penalties given in such cases?

Anonymous   20 April 2010 at 19:00

employment

actully i know a lady she is working with a govt school since last 20 years as aaya (peon) she was earlier getting 250 bt now she is getting 1000 p.m as salary she have all attendence registers where she puted her attendence of 5 years and the salary recipt register , so i wanna know that there is any law by which she can get a permanent job.or any other relif cz in todays scnerio no body can survive in 1000 rs per month she hv 5 kids so pls can any body help her.and provide any way by which she can get relief and jisse school authority use hata na paye or uski salary badh jaye

Anonymous   20 April 2010 at 18:17

M.R.P. RULES

OUR TRADE ITEM: DOMESTIC AND INDUSTRAL SEWING MACHINES, SPARE PARTS, NEEDLES ETC
COVERED UNDER H.S.S. 84.52 WE WISH TO KNOW THAT OUR ITEMS COMES UNDER M.R.P. ACT AND IS IT REQUIRE TO PUT M.R.P. STICKER ON PACKED ITEMS. WE ARE DELAER/IMPORTER OF THIS ITEMS.
INDUSTRIAL SEWING MACHINES AND SPARE PARTS ARE USED IN GARMENT INDUSTRY

Vinesh Poswal   20 April 2010 at 18:16

Land Acquisition Act, 1894

Whether S. 4 under Land Acquisition Act is mandatory? If not, under what circumstances it can be exempted? Can Land be acquired without following procedure under S.4? What is the concept Willing Buyer and seller for private companies?

Anonymous   20 April 2010 at 17:48

LPO

hello sir,
can any body advise me how to get a LPO franchise. i am an practising lawyer and partner of a law firm in J&K and want to start LPO.