LegalSeva

1 Suo moto: own motion 2 Deeming fiction cannot be stretched beyonyd the purpose for which it is created 3 The words used in Law are not used for nothing 4 To invoke Provision : To make use of particular provision 5 Ipso Facto: By this fact alone or because of this matter alone 6 'MAY' may be treated as 'SHALL' but 'SHALL' shall not be treated as 'MAY' 7 Tenable: Acceptable in law 8 Redundant Provision : Out of Force or Outdated Provision 9 Quasi : Almost Similar to 10 Quasi Criminal: Almost equal to criminal 11 Jurisprudence: Law relating to particular matter 12 Mensrea: Guilty Mind 13 Ibid: As printed earlier 14 Suo Moto: On its own 15 Prima Facie: On its face 16 Non est: What is not in existence / Non existing thing 17 Call in question: To challenge 18 De Nova: Completely New 19 Sine quo non: Most essential thing 20 Purposes of this Act: Proceeding must be pending 21 Reason to believe Vs Reason to suspect: Refer various caselaws 2...

It is clear, therefore, that if after the filing of an execution petition in time, the decree-holder dies and his legal representatives do not come on record - or the judgment-debtor dies and his legal representatives are not brought on record, then there is no abatement of the execution petition. If there is no abatement, the position in the eye of law is that the execution petition remains pending on the file of the execution court. If it remains pending and if no time limit is prescribed to bring the legal representatives on record, in execution proceedings, it is open in case of death of the decree-holder, for his legal representative to come on record at any time. The execution application cannot even be dismissed for default behind the back of the decree-holder's legal representatives. In case of death of the judgment-debtor, the decree- holder could file an application to bring the legal representatives of the judgment-debtor on record, at any time. Of course, in case of de...

The Supreme Court, in Tata Cellular v. Union of India (1994) 6 SCC 651 was concerned with the extent of judicial review of decisions bona fide arrived at in tender cases and on a review of case law it was inter alia held that:- (i) there are inherent limitations in exercise of power of judicial review; (ii) judicial review is a great weapon in the hands of the judges; but the judges must observe the constitutional limits set by our parliamentary system upon the exercise of this beneficent power; (iii) the restraint has two contemporary manifestations - one is the ambit of judicial intervention; the other covers the scope of the court's ability to quash an administrative decision on its merits; (iv) these restrains bear the hallmarks of judicial control over administrative action; (v) judicial review is concerned with reviewing not the merits of the decision in support of which the application for judicial review is made, but the decision-making process itself; (vi) unless th...

Temprorary, Ad Hoc And Contract Staff Also Entitled To Maternity Leave: CAT [Read Order]    OCTOBER 24, 2017 CAT observed that it is a fact that temporary, ad hoc or contract employees do not enjoy the same benefits as a regular employee but request for maternity leave stood on a different footing. In a significant ruling, the Central Administrative Tribunal (CAT) has said that temporary, ad hoc and contract women employees are also entitled to maternity leave and consequent benefits akin to regular staff. One Anuradha Arya, a guest teacher at Government Girl’s Senior Secondary School, West Patel Nagar (New Delhi) had moved the CAT under section 19 of the Administrative Tribunals Act saying she has been denied grant of maternity leave and benefits as per the maternity benefit Act, 1961 by the Respondents. Arya was also orally told that she has been terminated after she was forced to take the maternity leave without permission from the school. The ruling is se...

20. Application not to be admitted unless other remedies exhausted –   (1) A Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances. (2) For the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the relevant service rules as to redressal of grievances, -   (a) if a final order has been made by the Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or   (b) where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which suc...

                            Anticipatory Bail Application               IN THE HON’BLE HIGH COURT OF PANJAB AND HARYANA                                                                               CRM-M no. ...... of 2017 Raju S/o Shyam R/o Mani Majra Surendra S/o Sita Prasad R/o Sec 27 D, Chandigarh   …..Applicants/Petitioners                                   Versus State of Chandigarh      …..Respondent                               Application Un...

CONTENTS THE CONSUMER PROTECTION ACT, 1986 CHAPTER – I PRELIMINARY 1. Short title, extent, commencement and application 2. Definitions 3. Act not in derogation of any other law CHAPTER – II CONSUMER PROTECTION COUNCILS 4. The Central Consumer Protection Council 5. Procedure for meetings of the Central Council 6. Objects of the Central Council 7. The State Consumer Protection Councils 8. Objects of the State Council 8A. The District Consumer Protection Council CHAPTER – III CONSUMER DISPUTES REDRESSAL AGENCIES 9. Establishment of Consumer Disputes Redressal Agencies 10. Composition of the District Forum 11. Jurisdiction of the District Forum 12. Manner in which complaint shall be made 13. Procedure on admission of complaint 14. Finding of the District Forum 15. Appeal 16. Composition of the State Commission 17. Jurisdiction of the State Commission 17A. Transfer of cases ...