LawforAll

advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws. This blog is only for information but not for legal opinions

Just for legal information but not form as legal opinion

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Wednesday, September 15, 2010

EXECUTION OF DECREE- COPY OF DECREE CAN BE FILED LATER

AS PER OR.21, RULE 11[1][2][3] FOR EXECUTION OF MONEY DECREE- ORAL APPLICATION FOR OR WRITTEN PETITION FOR EXECUTION CAN BE UNDER SUB-RULES- COPY OF DECREE MAY BE FILED LATER- 1999 S.A.R CIVIL 831.

ORDER 5, RULE 9 -REFUSAL TO RECEIVE SUMMONS

A MERE ENDORSEMENT OF REFUSAL ON POSTAL, IS NOT SUFFICIENT WHEN THE COURT SUMMONS ARE SAYING AS ABSENT. AP HIGH COURT RULES ARE ALSO SILENT ABOUT THIS ASPECT. BY EXAMINING THE PROCESS SERVER ONLY, REFUSAL OF SUM MONS CAN BE PROVED.1997 S.A.R.CIVIL 449. [ 2.] SIMPLE IRREGULARITY, IN PUBLISHING IN ONE NEWS PAPER ORDER BY COURT, PUBLISHED IN ANOTHER NEW PAPER HAVING EQUAL REPUTATION , IS NOT FATAL. 2002 SAR CIVIL 851.

Tuesday, September 14, 2010

RIGHT OF CHILD IN WOMB

SEC.20 of the Hindu Succession Act - a child who was in the womb at the time of the death of an intestate and who is subsequently born alive, shall have the same right to inherit to the intestate as if he /she had been born before the death of the intestate, and the inheritance shall be deemed to vest in such a case with effect from the date of the death of intestate

Monday, September 13, 2010

ORDER 22, RULE 3 CIVIL PROCEDURE CODE AND ARTICLE 12 0 LIMITATION ACT

WHEN THE PLAINTIFF DIED IN A PENDING SUIT, THE LEGAL HEIRS ARE TO BE BROUGHT AS PLAINTIFFS IN THE ABOVE SUIT WITHIN 90 DAYS FROM THE DATE OF THE DEATH OF PLAINTIFF , AS PER ART.120 OF LIMITATION ACT.

Tuesday, September 7, 2010

THE FOOD SAFETY AND STANDARDS ACT,2006

SEC.2[ZK] :- primary food means an article of food, being a produce of agriculture or horticulture or animal husbandry and dairying or aquaculture in its natural form, resulting from the growing, raising, cultivation, picking, harvesting,collection or catching in the hands of a person other than a farmer or fisherman. sec.38 powers of food safety officer :- taking of sample etc., sec. 42 deals with procedure for launching prosecution :-after receiving samples, the analyst has to send his report to the designated officer [local authority], within 14 days. the designated officer within 14 days has to send his report to the commissioner of food safety for sanctioning of prosecution. the commissioner has to send his decision and to refer to file a case in regular court or special tribunal , to the designated officer and to food safety officer[food inspector].sec.46 says how to check sample and analysis should be completed etc., sec.47 says how to lift sample and how to prepare sample etc,.sec.48 general provisions of offences how a person would do. in this a s per [2][b] primary food beyond control of human agency fall substandard, could not be treated as an offence.sec.49 how to calculate penalty amount etc., sec.50 to 59 and sec.60 to 65 says about the punishments and the quantum's of penalties for different types of adulterations etc., sec.66 offences by companies. sec. 69 appellate tribunals and sec.69 power to compound offences :- with out launching a criminal case food safety officer himself impose some penalty not exceeding one lakh from a petty seller who manufactures and sell the articles- provided when punishment is prescribed , then compound not possible.sec.73. powers of J.F.C.M. PUNISHMENT LESS THAN 3 YEARS and under sec.79 has got power to pass enhanced sentence except more than 6 years. SEC. 74 SPECIAL COURT AND PUBLIC PROSECUTOR-more than 3 years. sec. 75 power to transfer cases from special court to j.f.c.m. sec.77 no offence should be taken cognizance after the lapse of one year. sec. 80 defenses which may or may not be allowed.