NRI Legal Services - An Overview By SimranLaw UK
The conduct of the appellant was unnatural and incompatible with his innocence. " In this connection we may usefully refer to another decision of this Court in Rattan Anmol (1)[1954] S. But in his complaint PW-1 had categorically stated that the appellants had been torturing Archana with their cruel behaviour and Archana complained the same to him and that he advised her to compromise with the situation and create a healthy atmosphere.
It is not the case of the defence that the alleged cruelty could only be the matrimonial skirmishes due to normal wear and tear of the matrimonial house. The provisions of clauses (d), (e), (f) and (g) of sub-section (4) of section 3 shall, so far as may be, apply in relation to the recovery of the amount from the Tribal and payment thereof to the non-Tribal-transferee and the persons claiming encumbrances, if any : per annum) as the Collector may direct. Of course, in the FIR, PW-1 had not given the details of the money paid to the accused.
It is all too tempting for a defendant to second-guess the counsels assistance after conviction or adverse sentence, and it is all too easy for a court, examining the counsels defence after it has proved unsuccessful, to conclude that a particular act of omission of the counsel was unreasonable. who delivered the judgment of this Court in Jagan Nath v. Judicial scrutiny of the counsels performance must be highly deferential.
it is a sound principle of natural justice that the success of a candidate who has won at an election should not be lightly interfered with and any petition seeking such interference must strictly conform to the requirements of the law. Land Acquisition Officer[7] and K. I am of the view that the action taken by the State Government under s. A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of the counsels challenged conduct, and to evaluate the conduct from the counsels perspective at the time.
The two-Judge Bench referred to Surendra Singh v. C can be used at any trial are indicated in Section 162 Cr. It is said that where there is ' a duty to act judicially ', the function is quasijudicial: that however does not help us very much in understanding the distinction between an administrative function and a quasi- judicial function. The learned Chief Justice has also added that ". In the FIR, though, there is no specific mention about the demand of dowry, cruelty and torture alleged in the FIR NRI Legal Services could have been only in connection with demand of money or jewels.
53-A of the Act is in its true nature an administrative act. Isaac [456 US 107 (1982) at pp. As observed by Mahajan C. Marriage of Archana with accused-Rahul Mishra was solemnized only on 28. Because of the difficulties inherent in making the evaluation, a court must indulge in a strong presumption that the counsels conduct falls within the wide range of reasonable professional assistance;. The purpose for and the manner in which the police statement recorded under Section 161 Cr.
This is how the said proviso is interpreted by this Court in Mafatlal Industries Ltd. After so stating, the Court proceeded to interpret the term made and observed that meaning of a word depends upon the text and context and it will also depend upon the purport and object it seeks to achieve. He did not inform the police or the parents of the deceased and disappeared from the scene of occurrence, after the commission of the offence. Where the statute clearly indicates that the function is judicial, there is little difficulty.
Both the families were almost of same social and economic status. The difficulty arises in cases where the point taken is that by necessary implication the statute requires an administrative body or executive authority to act judicially. 1997 and Archana was yet to settle down in the house of her in-laws. Restoration of lands of persons belonging to Scheduled Tribes. It is indeed Generally correct to say that where an administrative body or authority is under a duty to act judicially, its function is judicial or quasi-judicial.
Where any land of a Tribal is, at any time on or after the 1st day of April 1957 and before the 6th day of July 1974, purchased or deemed to have been purchased or acquired under or in accordance with the provisions of the relevant tenancy law by a non-Tribal-transferee or where any acquisition has been regularised on payment of penalty under such law and such land is in possession of a non-Tribal transferee and has not been put to any non- agricultural use on or before the 6th day of July 1974, then the Collector shall, notwithstanding anything contained in any law for the time being in force, either suo motu at any time or on an application by the Tribunal made 1[within thirty years from the 6th July 2004] and after making such inquiry as he thinks fit, direct that the land shall, subject to the provisions of subsection (4) of section 3, be restored to the Tribal free form all encumbrances and that the amount of purchase price or a proportionate part thereof, if any, paid by such non-Tribal-transferee in respect of such lands in accordance with the relevant tenancy law shall be refunded to such non-Tribal-transferee either lump sum or in such annual installments not exceeding twelve (with simple interest at 4½ per cent.
NRI Legal Services (check over here) an election contest is not an action at law or a suit in equity but is a purely statutory proceeding unknown to NRI Legal Services [official source] the common law and that the court possesses no common law power ". Proviso to sub-section (1) of Section 11B, as amended, would be applicable in a situation where an application for refund made before the said amendment was still pending at the time when the provisions of Section 11B were amended. As noticed earlier, money was given by PW-1 both prior to marriage and after the marriage on 11.
But it is, to some extent, a tautology to say that the function is judicial or quasi- judicial if it is to be done judicially. [6], Harish Chandra Raj Singh v. titled Examination of witnesses by police provides for oral examination of a person by any investigating officer when such person is supposed to be acquainted with the facts and circumstances of the case. Viewed in that context, the alleged cruelty and torture could have been only in the context of demand of money or jewellery.
