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pratik (self working)     24 November 2010

Section 149 Of The Indian Contract Act, 1872.

Pls Its A Kind Request To Explain Me .

 

1 ) Section 149. Every member of unlawful assembly guilty of offence committed in prosecution of common object


If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members or that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence.

Query : Pls Explain Me The Above Mentioned section in detail with the help of a example & the meaning of unlawful assembly in prosecution of the common object of that assembly.

 

2) Whether order of consumer forum is a "Decree" and the forum is a" Civil court" (for the purposes of Art. 136 of schedule of limitation Act )? i think answer is negative. pls advide me

or

If we say (we exclude the above bracket) then also we can say it is a "Decree" and the forum is a" Civil court"

Also any case laws.

The execution petition valid for how many years. any section says.

Section 13 of the limitation act, 1963

13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for - In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the court may, on payment of the court-fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if the court-fees had been paid in the first instance.

what do u mean by pauper ?

2)Before an MACT Tribunal in any cases, the final award is passed throught an ORDER and not a decree. which section says that it is a order & not a decree.

3)I have heard that the order passed by any tribunal is order or final award & NOT A DECREE SO as per which section or case laws it says that the order passed by any tribunal is order or final award & NOT A DECREE ?

Thanks In Advance.



Learning

 3 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     24 November 2010

 

Dear Mr. Pratik,

In a single head you asked Four (4) Queries:

(i)           Section 149 of Indian Penal Code

(ii)          Limitation in Consumer case

(iii)         Pauper definition

(iv)         MACT – Decree or order

And for your correction to the first query, it is Section 149 of Indian Penal Code, but you have wrongly quoted it as Indian contract Act.

Any how I am hereby trying to satisfy you by my reply separately, kindly go through the attached file having replies for each query. 


Attached File : 51 51 answer to each query separately with supporting citations.zip downloaded: 179 times

RENISH RAO (ADVOCATE)     25 November 2010

Very valuable inputs, Ahmed ji, Thanks..


(Guest)

err is humane. So kindly confirm in which act of catagory  the question is posted.


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