madhurMehta
31 October 2009 at 14:37
Sometimes rulemaking powers under certain Acts are given to certain authorities ,boards, committees or government at large. These rules provide certain procedures or modalities or forms chiefly destined for the purpose of carrying out the aim of the legislation.
Now the problem is how far can the authority go in to legislating further on certain points?
Sometimes the government inspired by popularity motive or for the popular weal makes some scheme and issues GOVERNMENT RESOLUTIONS(shortly G.R.). Under these G.R. certain rules or provisions of Acts tend to be controverted. How far are these Government Resolutions or notifications hold good in point of law?
In short delegated legislation in general create a kind of dilemma which sometimes seemingly good play havoc with the rules or provisions of the Act. So what kind of criteria limitation can be attached on such delegated legislation and can I have a detailed explanation on these points in any referable book of any author of India or any other country?
dkshankar
31 October 2009 at 07:34
Dear experts,
i need your valuable suggestions on this matters. The facts are as follows:-
A land owner and a builder enter into an agreement to develop a flats in a site. The land owners entered into an agreement with the builder and the land owner is to get 60% of the constructed portion and the builder is to get 40 % of constructed portion. Then after construction some 400 sq ft of constructed portion has to allotted to land owners but it could not be separated with a flat and hence both parties entered into an agreement and the builder has given an affidavit stating that a sum of Rs. 5,15,000/- has to be paid by the builder to the land lords. The affidavit duly executed on a Rs.20/- N.J.Stamp papers and signed before an Notary Public. Later disputes arose and one of the land owner filed a consumer case against the builder. But the builder was set exparte and exparte order passed since no counter was filed. Now he filed an Appeal before state commission. In the mean time there is a delay of 400 days in filing the appeal and 258 days delay in representing the appeal. The important points is that the property as developed to sell the same to third party hence it is for commercial purpose. One of the party has not signed and he is not a party in the Complaint hence mis-joinder of party.
My quarry is that whether this case can be tried at Consumer Court since the complainant is not a consumer and there is no deficency in service. Is there is any rulings available in this regards?
thanks in advance
Yours
DK Shankar
Kumar Krishan Agarwal Advocate
31 October 2009 at 02:32
What is Doctor of Relation BacK ?
Kumar Krishan Agarwal Advocate
31 October 2009 at 02:31
What is Chartered High Court?
Kumar Krishan Agarwal Advocate
30 October 2009 at 22:59
1. What are the grounds of amendment be put in in amendment application so that the court will allow the amendment ?
2. Will mentioning the para No of plaint and insert after that para or line stating is must for the amendment application ? or just making point 1,2 etc and file the amendment?
3. What are the crucial points to be remember before filling amendment application?
vinod bansal
30 October 2009 at 20:13
R/Members
Kindly tell me whether desi/pure ghee is covered by any control order/notification of central or state govt. under Essential commodities Act.Thanx
vinod bansal
30 October 2009 at 20:07
R/Members
Kindly enlighten me regarding meaning of latter patent appeal.Regards
A.R.P.S.
30 October 2009 at 16:35
Father, his son and some third persons are running a registered Partnership Firm and thereafter his son became an Advocate as such he had retired from the firm and practicing as an Advocate. Now my doubt is, Sir, whether the son being an Advocate shall conduct the cases for his erstwhile partnership firm by filing his Vakalat?
Is there any bar under any law? Kindly advise me.
Vijay Sharma
30 October 2009 at 10:56
I want to know what is the limitation period for execution of an award passed against a society for recovery of sum under Maha Societies Act
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Delegated legislation
Sometimes rulemaking powers under certain Acts are given to certain authorities ,boards, committees or government at large. These rules provide certain procedures or modalities or forms chiefly destined for the purpose of carrying out the aim of the legislation.
Now the problem is how far can the authority go in to legislating further on certain points?
Sometimes the government inspired by popularity motive or for the popular weal makes some scheme and issues GOVERNMENT RESOLUTIONS(shortly G.R.). Under these G.R. certain rules or provisions of Acts tend to be controverted. How far are these Government Resolutions or notifications hold good in point of law?
In short delegated legislation in general create a kind of dilemma which sometimes seemingly good play havoc with the rules or provisions of the Act. So what kind of criteria limitation can be attached on such delegated legislation and can I have a detailed explanation on these points in any referable book of any author of India or any other country?