LexLords NRI Legal Services Ludhiana By NRI Legal Services LexLords

In the above view of the matter, it was the contention of the learned counsel for the appellant, that there was no material evidence available on the record of the case, to return a clear finding of guilt, against the appellant. It was submitted, that the circumstantial evidence projected through NRI legal services (have a peek at this web-site) the prosecution witnesses, did not complete the chain of circumstances, as would establish the guilt of the appellant. By the Forty-Second Amendment to the Constitution in the year 1976, administration of justice became a Concurrent Subject, having been included as Entry 11A in List III which resulted in requisite modification to Entry 3 in List II as well.

If he hands in a draft and signs it and indicates that he intends that to be the final expository of his views it can be assumed that those are still his views at the moment of delivery if he is alive and in a position to change his mind but takes no steps to arrest delivery. The mere signing of the 336 draft does not necessarily indicate a closed mind. Appeal by special leave granted by the Supreme Court on the 27th March, 1951, from the Judgement and Order dated the 22nd March, 1950, of the High Court of Judicature at Bombay (Chagla C.

For that purpose he is expressly invested by Section 165 of the Evidence Act with the right to put questions to witnesses. Only then does it crystallise into a full fledged judgment and become operative. Indeed the right given to a Judge is so wide that he may, ask any question he pleases, in any form, at any time, of any witness, or of the parties about any fact, relevant or irrelevant. The above apart, it is the stand of the NMDC before the Court that the base price/floor price fixed by it has been determined by market conditions and despite the higher price in Karnataka than in Chhattisgarh, the cost of landing in Karnataka is lower than in Chhattisgarh.

It is the duty of a presiding Judge to explore every avenue open to him in order to discover the truth and to advance the cause of justice. ) in its Original Civil Jurisdiction in Income-tax Reference No. Section 172(2) of the Code of Criminal Procedure enables the court to send for the police-diaries in a case and use them to aid it in the trial. 31) When we examine the facts of the case at hand keeping in view the facts and the law laid down in the case of Vijay Kumar Sharma (supra), we find similarity on facts and law.

This may be merely for his information, or for consideration and criticism. The record of the proceedings of the Committing Magistrate may also be perused by the Sessions Judge to further aid him in the trial. It follows that the Judge who "delivers" the judgment, or causes it to be delivered by a brother Judge, must be in existence as a member of the court at the moment of delivery so that he can, if necessary, stop delivery and say that he has changed his mind. We are therefore of the view that there is no arbitration agreement between the parties and the learned designate committed a serious error in allowing the application under Sections 11 and 15(2) of the Act and holding that there is an arbitration agreement between the parties to the dispute and appointing an arbitrator.

We feel it would be against public policy to leave the door open for an investigation whether a draft sent by a Judge was indend- ed to embody his final and unalterable opinion or was only intended to be a tentative draft sent with an unwritten understanding that he is free to change his mind should fresh light dawn upon him before the delivery of judgment. There is no need for him to be physically present in court but he must be in existence as a member of the court and be in a position to stop delivery and effect an alteration should there be any last minute change of mind on his part.

Now up to the moment the judgment is delivered Judges have the right to change their mind. Administration of justice, constitution and organization of all courts except the Supreme Court and the High Court; officers and servants of the High Court; procedure in Rent and Revenue Courts; fees taken in all courts except to the Supreme Court. But one cannot assume that he would not have changed his mind if he is no longer in a position to do so.

This Article exhorts the State to provide equal justice and free NRI legal services, right here, aid and reads as under: At the same time, by the very same amendment, Article 39-A was also inserted in Part IV of the Constitution which relates to the Directive Principles of State Policy. We first turn our attention to the relevant rules at play in the instant case, which are the Recruitment Rules. As we have indicated, it is frequently the practice to send a draft, sometimes a signed draft, to a brother Judge who also heard the case.

Therefore, however, much a draft judgment may have been signed beforehand, it is nothing but a draft till formally delivered as the judgment of the court. The Schedule to the said Recruitment Rules specifies the method of recruitment, age limit, qualifications etc. A Judge's responsibility is heavy and when a man's life and liberty hang upon his decision nothing can be left to chance or doubt or conjecture; also, a question of public.

There is a sort of locus paniteniea, and indeed last minute alterations sometimes do occur.