...DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST) GOVT OF N.C.T. OF DELHI CONVENIENT SHOPPING CENTRE; SAINI ENCLAVE: DELHI-92 Case No.288/11 In the matter of: Sh. Akash Rawal H.No. 369, Rajput MOhalla Ghonda Delhi : Complainant Vs 1. Director (A&F) National Council for Hotel Management Delhi Institute of Hotel Management Behind Lady Sriram College Lajpat Nagar-IV New Delhi-110024 : OP1 2. JEE Cell National Council for Hotel Management A-34, Sector-62 Noida-201301 : OP2 3. The Director Indira Gandhi National Open University Maidan Garhi New Delhi : OP3 Date of Institution: 21.04.11 Date of Order : 26.10.12 ORDER N.A. ZAIDI, PRESIDENT This complaint has been filed with the allegations that the OPs in order to promote and attract the student by offering the course of Bachelor of Science in Hospitality and Hotel Admn. Issued JEE 2010 Information Broucher with promise to carrier opportunities and the services. The complainant fascinated by the advertisement purchased the prospectus by paying Rs.900/- and as such he becomes the consumer within the definition of the CPA. Complainant qualified and obtained 10568 rank and thus becomes eligible for counseling to get an admission. He accordingly paid a sum of Rs.28,550/- through DD No.037554, dt 25.6.10, Rs.9000/- through DD No.37503 dt. 17.6.10 and also Rs.1000/- through DD No.37502...
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...Commissioner Of Wealth Tax, ... vs Sharvan Kumar Swarup & Sons on 22 September, 1994 Supreme Court of India Supreme Court of India Commissioner Of Wealth Tax, ... vs Sharvan Kumar Swarup & Sons on 22 September, 1994 Equivalent citations: 1995 ECR 425 SC, 1994 210 ITR 886 SC Author: V . M.N. Bench: M Venkatachaliah, S Agrawal JUDGMENT M.N. Venkatachaliah, CJ. 1. In these appeals and special leave petitions brought up by the Revenue the short but interesting question that arises is whether Rule 1BB of the Wealth Tax Rules, 1957 is a provision which affects and alters the substantive rights or is merely procedural. The further sequential and cognate question is whether the Rule is attracted to all proceedings pending at its enactment. The said Rule 1BB concerns the mode of valuation of house-property wholly or mainly used for residential purposes, for the purposes of ascertaining the net wealth under the Wealth Tax Act. 1957. 2. Section 3 of the Wealth Tax Act is the charging section. It seeks to bring to charge for every assessment year the net wealth on the corresponding valuation date of every individual, Hindu undivided family and company. The expression "net wealth" is defined in Section 2(m) of the Act. Section 2(q) defines the "valuation date". Section 4 enumerates the assets to be included in computing 'net-wealth'. Sections 5 and 6 exempts certain assets in India and outside from being included in computing the net wealth. 3. Section 7 - and this provision is of particular...
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...Jan Lokpal Bill : A Critique Submitted as per course requirement of Law and Social Transformation SUBMITTED TO: SUBMITTED BY: Dr. A.Jayagovind Umashankar Mishra Faculty for Law and Social Transformation I.D. 505 NLSIU, Bangalore LL.M. [1st year] Business law NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BANGALORE Acknowledgement I have endeavored to attempt this project. However, it would not have been feasible without the valuable support and guidance of Dr.Jayagovind. I would like to extend my sincere thanks to him. I am also highly indebted to National Law School of India University Library Staff, for their patient co-operation as well as for providing necessary information & also for their support in completing this project. My thanks and appreciations also go to my colleagues who gave their valuable insight and help in developing this project. Aim: ...
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...JAN LOKPAL BILL A DETAILED ANALYSIS Ver 1.0 Dated: 21 August 2011 Published by India Against Corruption Jan Lokpal Bill, A Detailed Analysis TABLE OF CONTENTS Why do we need Jan Lokpal?................................................................... 4 a. c. Lack of Independence....................................................................................... 4 Multiplicity of agencies..................................................................................... 5 b. Powerless.......................................................................................................... 4 d. Lack of Transparency and internal accountability............................................. 5 Structure of Lokpal................................................................................. 7 a. Independence of Jan Lokpal and Jan Lokayukta................................................... 7 (i) Administrative independence........................................................................ 7 (ii) Financial independence................................................................................. 7 (iii) Manpower..................................................................................................... 7 b. Single anti-corruption agency.............................................................................. 7 c. No more advisory bodies..................................................................................... 8 What action will be...
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...LegalCrystal - Indian Law Search Engine - www.legalcrystal.com Gujarat Steel Tubes Ltd. and Ors. Vs. Gujarat Steel Tubes Mazdoor Sabha and Ors. LegalCrystal Citation : legalcrystal.com/655678 Court : Supreme Decided On : 1979-11-19 Reported in : AIR1980SC1896; (1980)ILLJ137SC; (1980)2SCC593; [1980]2SCR146 Judge : A.D. Koshal,; D.A. Desai and; V.R. Krishna Iyer, JJ. Acts : Industrial Employment (Standing Orders) Act, 1946; Industrial Disputes Act, 1947 - Sections 10A, 11 and 11A Appeal No. : Civil Appeal Nos. 1212, 2089 and 2237 of 1978 Appellant : Gujarat Steel Tubes Ltd. and Ors. Respondent : Gujarat Steel Tubes Mazdoor Sabha and Ors. Advocate for Pet/Ap. : V.M. Tarkunde and; Y.S. Chitale, Advs Excerpt : [A.D. Koshal,; D.A. Desai and; V.R. Krishna Iyer, JJ.] The appellant manufactures steel tubes in the outskirts of Ahmedabad city. It started its business in 1960, went into production since 1964 and waggled from infancy to adulthood with smiling profits and growling workers, punctuated by smouldering demands, strikes and settlement until there brewed a confrontation culminating in a head-on collision following upon certain unhappy happenings. A total strike ensued whose chain reaction was a whole-sale termination of all employees followed by fresh recruitment of workmen defacto breakdown of the strike and dispute over restoration of the removed workmen. As per the last settlement between the management and the workmen of 4th August, 1972, it was not open to the workmen to resort...
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...The Federal Court of Malaysia is the highest judicial authority and the final court of appeal in Malaysia. The country, although federally constituted, has a single-structured judicial system consisting of two parts - the superior courts and the subordinate courts. The subordinate courts are the Magistrate Courts and the Sessions Courts while the superior courts are the two High Courts of co-ordinate jurisdiction and status, one forPeninsular Malaysia and the other for theStates of Sabah and Sarawak, the Court of Appeal and the Federal Court. The Federal Court, earlier known as the Supreme Court and renamed the Federal Court vide Act A885 effective from June 24, 1994, stands at the apex of this pyramid. There are generally two types of trials, criminal and civil. The hierarchy of courts begins from the Magistrates' Court, Sessions Court, High Court, Court of Appeal, and finally, the Federal Court. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of coordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts for Peninsular Malaysia and for East Malaysia. The highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia (also known as the Chief Justice of Malaysia), followed by the President...
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...In civil law court cases, the court in which the case is first heard is known as the court of first instance. Depending on how much money the claimant is holding the defendant liable for will determine the track the case will be put in to. The tracking system was introduced by Lord Woolf in order to make the court process more efficient. There are three main tracks used in the civil law procedure. The first track is known as the small claims track in which the claimant is asking for an amount of money below the cost of £5000, and for an amount below £1000 if it is a personal injury or housing claim. Although small claims have been given a track, cases involving these claims aren’t conducted as full trials in the court of law. The second tracking system is known as the Fast-track. Fast track claims are worth £5000 - £25,000 and to be held over a period of 30 weeks, and the actual court date to be done within one day due to the long procedure building up to court date. The introduction of a protocol by Lord Woolf allowed both parties to communicate before the trial and obtain information to see if a settlement could be reached outside of the courts in order to help the courts. The final tracking system is known as the multi track for cases above the value of £25,000. These are similar to fast track cases, although they are not given a trial deadline as they deal with more serious matters. The High Court is the civil court of first instance for cases involving more than...
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...will also gain an understanding of the criminal courts in which cases are heard and the systems of law reporting which allow access to the judgments of those courts. As well as exploring the sources of law, this chapter will show you how to find legislation and case law using a variety of online resources. Finally, the chapter will give a brief introduction to finding the criminal law of overseas jurisdictions. An understanding of the criminal law is important to the study of criminology as it is the criminal law that defines certain forms of conduct as criminal. This criminal law can be contained in both statute law and case law, so it is essential that you understand the origins of both and the ways in which they interrelate. You should see that the criminal law is constantly changing and evolving in response to social, political, and technological influences which manifest themselves in new statutes or judicial interpretation of existing law. If you are studying criminology as an option on a law degree, then the content of this chapter should already be familiar to you, but if you are encountering criminal law for the first time, then this chapter should give you a grounding in the essentials that you need to know. L E A RNI NG O U TC O MES After reading this chapter, you will be able to: ● Explain the process by which Acts of Parliament come into being Find criminal legislation online Understand the hierarchy of the courts in...
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...Assignment 1- The court structure In this assessment, I will describe the hierarchy of the civil courts, the criminal court and the differences between the two hierarchies. The purpose of this article is to inform the readers about the court structure and role of the different courts. A diagram of the court structure Supreme Court- this is the highest judicial court in a country or state. Court of appeal- the court of appeal is a court of law that hears appeals against both civil and criminal judgements from the Crown. This is the second higher court, high and County courts & consists of 2 divisions; Civil and criminal divisions In the civil division, the court of appeal hears appeals to do with civil law and family justice from the high court, tribunals and sometimes from the county courts. Whilst the criminal divisions hears appeals from the crown courts. Decisions of the High Court may be appealed to the Civil Division of the Court of Appeal. Crown court- deals with indictable criminal cases that have been transferred from the Magistrates’ Courts, including hearing of serious criminal cases (such as murder, rape and robbery), cases sent for sentencing, and appeals. Cases are heard by a judge and a jury. Decisions of the Crown Court may be appealed to the Criminal Division of the Court of Appeal. The county court also deals with civil (non-criminal) matters. Magistrates courts trials of summary offences, committals to the crown court, family proceedings court and youth...
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...Consultation close date: 24 January 2013 Judicial Review: proposals for reform Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2012 Cm 8515 £16.00 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: psi@nationalarchives.gsi.gov.uk Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to Michael Odulaja, Administrative Justice, Court and Tribunal Fees and Coroner’s Policy Team, Ministry of Justice, Post Point 4.34, 102 Petty France, London, SW1H 9AJ. This publication is available for download at www.official-documents.gov.uk and on our website at www.justice.gov.uk ISBN: 9780101851527 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2529331 12/12 Printed on paper containing 75% recycled fibre content minimum. Judicial Review: proposals for reform Contents Foreword 1. Introduction 2. Background 3. The case for change 4. Time limits for bringing a claim 5. Applying for permission 6. Fees 7. Impact Assessment and Equality Impacts 8. Summary of questions 9. How to respond 3 4 6 9 12 18 25...
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...MALAYSIAN COURT SYSTEM The purpose of this is to provide a brief overview of the Malaysian Court System. Whilst its intention is to familiarise readers with the function of Malaysian Courts, it is no substitute for professional legal advice which you should obtain whenever you are involved with the Courts. Such advice can be obtained from the numerous legal firms in the country or from the various Legal Aid Centres. MAGISTRATES COURT The Magistrates Courts deal with the vast majority of cases, both civil and criminal, and sit in almost all major towns in Malaysia. A) CIVIL JURISDICTION A Magistrates Court may hear a civil case when the amount in dispute does not exceed RM 25,000. Where the amount claimed does not exceed RM 5,000 you may wish to file your claim in the “Small Claims” division of the Magistrates Court. If you do so, however, you must be prepared to conduct the case yourself, as legal representation is not permitted. B) CRIMINAL JURISDICTION A Magistrates Court may hear criminal matters of the following nature: i. Where the offence is punishable by a fine only – this would cover the majority of the traffic offences. ii. Where the offence provides for a term of an imprisonment not exceeding (10) years. A Magistrate may not, however, impose a term of imprisonment exceeding (5) years. SESSIONS COURT A) CIVIL JURISDICTION A Sessions Court may hear any civil matter involving motor vehicle accidents, disputes between landlord and tenant, and distress actions. The Sessions...
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... However after an arrest the arrestee may want to be granted bail, this will be given by the police if they choose to give this. The offences are categorized into three main headings; Summary offences, Indictable offences and either-way offences. Summary offences will be heard at Magistrates Courts and will involve actions such as motoring offences e.g. speeding, driving without a licence or valid licence, no insurance and drink driving. The maximum penalty for summary offences include a 6 month imprisonment, or a fine of £5,000. Indictable offences are the most serious cases that will be tried in the Crown Courts, e.g. murder. Either-way offences are offences that could be tried ‘either-way’ depending on the seriousness of the case; this could be tried in the Crown Court or Magistrates Court. An example of an either-way offence is theft. Cases that take place in a Magistrates Court are heard by Lay Magistrates or a District Judge, in the Crown Court the juries will make the final decision. A judge will also be present to see if the procedures are all done properly. A Court of First Instance is dealt with within the District Courts. The Supreme Court is the court of last instance. Courts of First Instance start in the Magistrates for criminal cases, this is where the defendant may want to be granted bail and this is where the trial will be. If the claimant or defendant does not like or agree with the final decision they can decide to make an appeal. You should appeal within 21...
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...The Courts in the Uk are institutions that aim to bring justice. Magistrates court have to power to charge minor cases, whereas Crown courts deal with more serious criminal cases, less than 3% all criminal cases go to the Crown, this percentage alone tells you that only the serious and complex cases will be heard, your trial here will be dealt with by both a Judge and Jury. I observed the Crown Court for this report; I decided this would be the best court to observe because all kinds of Criminal functions are heard here. The Judge will decide on matters of law and will manage your trial ensuring that it is run correctly and fairly, the jury then decides on matters of fact, (e.g. are you guilty?). The CJS is made up of many different agencies that work together to collectively respond to ‘crime’, each agencies ‘output’ is another’s ‘input’, a key agency being the Police, who are required to investigate and prevent crimes and are responsible for arresting and detaining suspects. The cases heard at crown courts are ranked in order of seriousness; the most serious heard by High Court judges, the majority of other less serious cases dealt with by either circuit judges or recorders. The judges in the Crown Courts have no limit to what they can sentence; they can impose a fine of any amount and can impose a sentence of custody for life. During the day I witnessed the beginning of two trials. The first case I witnessed was an act of fraud, a couple had managed to collectively steal...
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...director become a disqualified director and cannot be a director in other companies as they may cause a similar incident recurring. According to this matter, the punishment of the disqualified director in Malaysia is fixed to 5 years which in major or minor case and must pay a fine RM100, 000.00 or both. They can’t be a director of other company just because they fail to exercise their duties and caused they commit a major or minor cases in a long time period. This paper aim to examine whether the punishment of disqualified director can be implementing or change in Malaysia compare to other country. Introduction In Malaysia, the situation which the person who tend to be a disqualified director, the Court may make an order that person shall not, without the leave of the Court, be a director of or in any way, whether directly or indirectly, be concerned or take part in the management of a company for such period beginning on the date of the order and not exceeding five years as may be specified in the order while compare to other country like United Kingdom (UK), the...
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... |England and Wales Court of Appeal (Civil Division) Decisions | | |[pic] | |You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Merritt v Merritt [1970] EWCA Civ 6 (27| |April 1970) | |URL: http://www.bailii.org/ew/cases/EWCA/Civ/1970/6.html | |Cite as: [1970] 1 WLR 1211, [1970] EWCA Civ 6, [1970] WLR 1211, [1970] 2 All ER 760 | |[pic] | [New search] [Buy ICLR report: [1970] 1 WLR 1211] [Help] [pic] JISCBAILII_CASE_CONTRACT | | |Neutral Citation Number: [1970] EWCA Civ 6 | | | |Case No.: | IN THE SUPREME COURT OF JUDICATURE. COURT OF APPEAL. | | |Royal Courts of Justice ...
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