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saurabh kaushik   06 June 2009 at 21:27

interpretation

how do court interpretate the law embeeded in decision of court themself and through which method do court develop such law?

yogesh   06 June 2009 at 21:18

Seeking Information regarding Filing Written Argument in CAT

Dear Sir,
I need information regarding filing
Written Arguments in the CAT.There is no clause regarding Filing Written Arguments in CAT practise Rules.If the matter is ready for final hearing.Can an applicant/lawyer files the same with the leave of the bench/registrar
Please inform is it mandatory to serve the copy of the written arguments to the opposite party/Respondents
Regards

akki   06 June 2009 at 21:13

Will Registration

Do property wills have to be registered? if not done 'Will' is invalidated?

How do we get a copy of a will from official sources? And which is the official source?


yogesh   06 June 2009 at 21:10

Seeking Information regarding Filing Rejoinder in CAT

Dear Sir,
I need information regarding filing Rejoinder in the Hon'ble CAT. Rule 32 of the CAT practice 1993 says that Filing Rejoinder requires leave of Bench/Registrar otherwise they don't form part of record as per Rule 33
My query is in what manner the applicant/Lawyer should take the permission whether it should asked the Hon'ble judge that he is interested in filing the Rejoinder or Filing Rejoinder along with the application to the Registrar itself solves the purpose
Regards

A Truthseeker   06 June 2009 at 20:45

checking dowry

checking or preventing dowry is a herculean task. however the human instinct not to practise falsehood before court of law or a superior authority may be utilised for this purpose. can swearing in affidavits by either paries at the time of marriage that neither party took or gave dowry mitigate this menace?

jasvinder   06 June 2009 at 20:29

N.I Act 138

the applicant gave rs 50000.00 to one mr x on 1.5.2005 by cash as the same was well known to applicant.after great persutation x issued cheque on 18.6.07 of rs 50000.00 on name of applicant which was bounced due to insufficient fund on 27.7.2007. the applicant send regd notice to x on 14.08.07 which he refused to take as such applicant filed case on 11.09.07 against x which was on time.
applicant advocate gave a copy of complaint to applicant for cross examination.applicant submitted the chef in form of affidavit on basis of copy given by advocate.
at the time of cross x advocate asked various question the main was -when the applicant send the regd notice to x on the basis of copy of complaint and affidavit the applicant answered the date as 19.08.07. since the date was written wrong on complaint 19.08.07 instead of 14.08.07 and in same was written in affidavit of applicant i.e 19.08.07 the x advocate strongly opposed that the notice send to x as told by applicant in cross and affidavit was on 19.08.07 and same was not present in file.now what to do any case law

kaushikphm   06 June 2009 at 19:49

Partition deed in tamil

Dear Sir,

My sister and myself plan to partition a house in chennai.Could you please provide partition deed in tamil.

jasvinder   06 June 2009 at 18:10

N.I Act 138

the applicant gave rs 50000.00 to one mr x on 1.5.2005 by cash as the same was well known to applicant.after great persutation x issued cheque on 18.6.07 of rs 50000.00 on name of applicant which was bounced due to insufficient fund on 27.7.2007. the applicant send regd notice to x on 14.08.07 which he refused to take as such applicant filed case on 11.09.07 against x which was on time.
applicant advocate gave a copy of complaint to applicant for cross examination.applicant submitted the chef in form of affidavit on basis of copy given by advocate.
at the time of cross x advocate asked various question the main was -when the applicant send the regd notice to x on the basis of copy of complaint and affidavit the applicant answered the date as 19.08.07. since the date was written wrong on complaint 19.08.07 instead of 14.08.07 and in same was written in affidavit of applicant i.e 19.08.07 the x advocate strongly opposed that the notice send to x as told by applicant in cross and affidavit was on 19.08.07 and same was not present in file.now what to do any case law

yogesh   06 June 2009 at 17:48

Seeking Information regarding Reservation Roaster


Please read the following
"The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which a person is appointed. "Vacancy" means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As consequence the percentage of reservation has to be worked out in relation to the number of post which form the cadre-strength. The concept of 'vacancy has no relevance in operating the percentage of reservation. - R.K. Sabharwal and others, Petitioners v. State of Punjab AIR1995 SC1371"
My query pertains to the selection of applicant on the basis of the following:
Employer advertised 2 posts under the Unreserved category. Selection committee recommended 2 names against the Unreserved post and the Applicant was placed second in the waiting list.Suddenly one seat was vacated ,the Number One candidate was placedin the waiting list was given appointment against the Unreserved post
Then one selected candidate who was appointed against the Unreserved post resigned from the services with in year.Since the waiting list panel was valid for the period of one year.The concerned Employer did not fill the seat ('vacancy') from thepanel but kept vacant
When the concerned applicant made his representation , the concerned employer replied the vacant seat was floated to the Reserved category
Please justify whether the employer had made correct decision in the light of such circumstances?
Regards

yogesh   06 June 2009 at 17:44

Seeking Information regarding Reservation Roaster


Please read the following
"The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which a person is appointed. "Vacancy" means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As consequence the percentage of reservation has to be worked out in relation to the number of post which form the cadre-strength. The concept of 'vacancy has no relevance in operating the percentage of reservation. - R.K. Sabharwal and others, Petitioners v. State of Punjab AIR1995 SC1371"
My query pertains to the selection of applicant on the basis of the following:
Employer advertised 2 posts under the Unreserved category. Selection committee recommended 2 names against the Unreserved post and the Applicant was placed second in the waiting list.Suddenly one seat was vacated ,the Number One candidate was placedin the waiting list was given appointment against the Unreserved post
Then one selected candidate who was appointed against the Unreserved post resigned from the services with in year.Since the waiting list panel was valid for the period of one year.The concerned Employer did not fill the seat ('vacancy') from thepanel but kept vacant
When the concerned applicant made his representation , the concerned employer replied the vacant seat was floated to the Reserved category
Please justify whether the employer had made correct decision in the light of such circumstances?