Section 311 is in two parts. First part use the word may and second part has words shall , this section gives wide discretionary powers to court and court may summon,call or recall any person to give evidence. The only thing court has to look is that the person person who is being called his evidence must appears to the court that evidence is essential for just decision of the case.
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how a registered sale deed can be cancelled
Where a sale deed is executed and registered and the intention of the parties are clear that title in property would pass upon the paying ...
Tuesday, 21 May 2019
Monday, 20 May 2019
This time in my favour.
After final arguments, yes this time verdict will be in my favor but after final order is announced against me, both hands are up in the air as if police has asked me to lift your hands.
Various reasons now floods my mind, hell what has happened,
no that was the reason, no may be the judge has not correctly applied the law.
Ok not to worry i will set it right in appeal. By that time client has reached somewhere else. Now other thought the client itself was not wortthy he deserved what he got. These are some general thoughts. But theme line is u have lost a client in present future and many other associated with him so what was the reason, i was not prepared. What happens if i start my journey with an under maintained vehicle in morning heading towards the court, there are strong reasons that like other days i would reach my office in time without any delay but what will happen if i have some very important case fixed for evidence or arguments and suddenly the vehicle refuses to move now what in absence of non availability of any alternative transport mode , i am struck nowhere even nobody to help me out. The first thought now comes who is to blame, no one its me who is responsible for ultimate breakdown in absence of due care and prepration.....same is with trial of cases if u are not ready, not prepared and not cautious the trial vehicle will suddenly get a breakdown and no one except u would be held liable.
Various reasons now floods my mind, hell what has happened,
no that was the reason, no may be the judge has not correctly applied the law.
Ok not to worry i will set it right in appeal. By that time client has reached somewhere else. Now other thought the client itself was not wortthy he deserved what he got. These are some general thoughts. But theme line is u have lost a client in present future and many other associated with him so what was the reason, i was not prepared. What happens if i start my journey with an under maintained vehicle in morning heading towards the court, there are strong reasons that like other days i would reach my office in time without any delay but what will happen if i have some very important case fixed for evidence or arguments and suddenly the vehicle refuses to move now what in absence of non availability of any alternative transport mode , i am struck nowhere even nobody to help me out. The first thought now comes who is to blame, no one its me who is responsible for ultimate breakdown in absence of due care and prepration.....same is with trial of cases if u are not ready, not prepared and not cautious the trial vehicle will suddenly get a breakdown and no one except u would be held liable.
Sunday, 19 May 2019
How to calculate period for sending notice in cheqe bounce case
Section 138 of negotiable instruments act provide that notice is to given within 30 days of the reciept of the intimation of dishonoured cheque from the bank or within 30 days of dishonour of the cheque by the bank. The most important thing is that the first day will start after very next day of dishonour of cheque or reciept of intimation of dishonour of cheque by bank. The words of ,from and within used in section 138 has same meaning and object and that is to exclude the first day of dishonour of cheque or intimation of dishonour of cheque by bank. So the basic and general rule is always to exclude the first day and to include last day while calculating the time limit for sending notice under section 138 of negotiable instruments act. The general rule and principal have been dealt by supreme court of india in saketh case,harundass gupta case and ultimately in Econ entries case in 2013.
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