Respondent contends that as long as the amount paid by the respondent was an amount leviable and collected in accordance with the procedure‚ then Section 11B‚ Central Excise Act has applied and if once the amount paid by the respondent is exterior to the purview of Section 11B of the Act‚ none of the requirements of Section 11B under the Central Excise Act including time limit would
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Res sub judice1+2* Section 10 of Code of Civil Procedure‚ 1908 deals with the stay of civil suits. It provides that no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties and that the court in which the previous suit is pending is competent to grant the relief claimed. Section 10 reads thus: Stay of suit: No Court shall proceed with the trial of any suit in which the matter
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VCE Legal Studies Unit 2 Exam Chapters (7‚8‚9‚10‚11&15) AREA OF STUDY 2: CIVIL LAW AND AREA OF STUDY 2: THE CIVIL LAW IN ACTION. 1. The difference between civil law and criminal law. Civil law applies to people in the community who had the wrong things such as civil against each other. Criminal law is someone who commits murder‚ sexual assault and theft etc. It is the law enforced by police. 2. The need for a hierarchy of courts‚ i.e reasons In a court hierarchy‚ different courts have different
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One of he most difficult and burning problems in administration of civil justice is of delay. The delay can be addressed from two side’s namely compulsory delay and intentional delay. Compulsory delay is caused due to our age old legal system and intentional delay is caused by the persons who are instrumental in administration of justice and more specifically the lawyers and parties to the suits. three classes of people may be mainly responsibility for delay in disposal of cases. They are court staff
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The Ibakkar - Natarajan Commission Part one of the Nanawti Commission report‚ probing into the Godhara incident in Gujarat‚ released last month has once again opened the Pandora’s Box over logic of setting up Inquiry Commissions in the country. The report while giving clean chit to the Narendra Modi Government has supported the theory of conspiracy‚ leading to a widespread criticism across the country. Many call it ’eye wash’ and other call it ’sponsored report’. Communists have termed it a ’piecemeal’
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occur in the courtroom. 2. The rules of civil procedure differ substantially from the rules of criminal procedure. 3. Rules and procedures of civil litigation are consistent from state to state. 4. In some states the initial pleading in a lawsuit is called a petition. 5. The most common method of resolving civil disputes is settlement. 6. Arbitration is a form of settlement. 7. Case law has little‚ if any‚ relevance to the law of civil procedure. 8. A litigation paralegal often appears in
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Public Interest Litigation (PIL) PIL in broad terms means litigation filed in a court of law for the protection of “Public Interest” on the wide variety of subjects concerning citizens. The history: Public Interest Litigation popularly known as PIL can be broadly defined as litigation in the interest of that nebulous entity: the public in general. Prior to 1980s‚ only the aggrieved party could personally knock the doors of justice and seek remedy for his grievance and any other person who
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What Happened at Coca-cola Advantage of Diversify Organization In a multicultural nation such as the United States‚ one would assume that the concept of diversity would have a clear definition; but the definition of diversity differs from person to person‚ from organization to organization‚ and from author to author. In some organizations‚ diversity is strictly focused upon race‚ gender‚ religion‚ and disability status; in other organizations‚ the concept of diversity is extended
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Anheuser-Busch and its attorney‚ John Smith‚ 234 Main Street‚ Chicago‚ IL 60601 PLEASE TAKE NOTICE that plaintiff Justin William King demands answers to the following interrogatories‚ under oath‚ pursuant to Rule 33 of the Federal Rules of Civil Procedure. 1. Please describe the cargo load that was on the trailer on the day of the accident‚ how many stops and in what cities. And what was left on the truck when the accident occurred. Who was in charge of securing the cargo that was on the trailer
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Bibliography: 4. Woolf S (1995) Access to Justice - Interim Report HMSO. 5. Woolf S (1996) Access to Justice - Final Report HMSO. 6. (1999) The Civil Procedure Rules HMSO. 9. Civil Litigation Handbook by Woolf‚ Lord Justice; Burn‚ Suzanne; Peysner John (2001)‚ The Law Society. 10. A.A.S. Zuckerman‚ Ross Cranston (1995)‚ Reform of Civil Procedure- Essays on “Access to justice”‚ Oxford University Press. 23. “General Damages – the NHS Case”‚ Philip Havers Q.C. and Mary O’Rourke‚ Quantum‚ Sweet &
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