Legal Therapy

Is it trespassing if there is no sign?

Even if there is no Sign, entering in to the land of others and offensive to the owner or possessor amounts to trespassing.
If you stay on the property of another despite objection from the owner, then it becomes an offence punishable under the relevant Penal Code.
Just making an ingress ignorantly does not amount to any offence.

Can a female judge, which is a civil judge in India, get married and do she get a maternity leave?

Yes.They do get maternity leave for six months.

One police case is pending in high court from 2006. In the case status column, one entry with the word “Stage of case – for order” is there. Can anyone suggest, what is the meaning of “for order.” and also in this situation what we can do?

That means the court is to pronounce the orders on the case. If the case is displaying the words “ for orders” since 2006, then you can move application stating that you understand that the fresh arguments needs to be addressed as per your understanding. Such application shall be put up for hearing and then you can bring the fact of pendency of case for orders since 2006. The \court would pass the necessary Orders.

In India, does a child have a right on the property of his deceased father if his mother remarries after his death?

A child born in Hindu family gets one share in the property left by his/her father. Similarly the widow also gets one share. And so are the other children. It does not matter whether the widow remarries or not. The succession opens on the moment the death takes place. The child thus is entitled to one share in the property left by his father.

How does the court deliver a divorce notice from (petitioner) Mumbai to (respondent) Bengaluru? How does the notice travel?

These are sent through various modes. For example by Email, by registered post, Through recognized couriers and even a party can take summons from the court at Mumbai and deposit those with Courts at Bengaluru. The court staff i.e. Process server will serve the notice on the respondent.

Is a protective order civil or criminal?

Protective Orders you appears to be referring to are criminal in nature. These may be issued for protection of your person or property. Violation of these orders results in criminal proceedings and ultimate conviction and punishment.

Is a protective order civil or criminal?

Protective Orders you appears to be referring to are criminal in nature. These may be issued for protection of your person or property. Violation of these orders results in criminal proceedings and ultimate conviction and punishment.

What kind of punishment is there for people who abandon their children?

It is Imprisonment fosr seven years under section 317 of Indian Penal Code if the child is below 12 years.
317. Exposure and abandonment of child under twelve years, by parent or person having care of it.—Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.—This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child dies in consequence of the exposure.

Is the High Court a constitutional body or not?

It is a Constitutional Body.
According to the Indian Constitution, Articles 214-231 deals with the provisions of High Courts in India. It provides for separate high courts for separate states but according to 7th constitutional amendment act the same high court can be the court for more than one state. At present, we have 21 high courts in the country, which includes 3 common high courts.
Since the formation of High Court is provided in the Constitution itself, therefore it is a constitutional Body. Previously the position was different. The High Courts in India were created by the Indian High Courts Act of 1861
The Indian High Courts Act of 1861
(24 & 25 Vict. c. 104) was an act of the Parliament of the United Kingdom to authorize the Crown to create High Courts in the Indian colony.
Queen Victoria created the High Courts in Calcutta, Madras, and Bombay by Letters Patent
 in 1862. These High Courts would become the precursors to the High Courts in the modern day India, Pakistan, and Bangladesh. The Act was passed after the First War of Independence of 1857
 and consolidated the parallel legal system of the Crown and the East India Company

How do I read and understand the Indian Contract Act, 1872: Bare Act as a first year law student?

As a student of Ist year of law, you should focus on the wording used in The Indian Contract Act and try to grasp that. You will get to know how to read law by the end of the session. That is the only way out.

How much information can the police give to the media before a legal hearing because reporting sometimes devalues a fair and independent hearing?

There are no hard and fast rules for limitation on sharing such information. Sometime in order to get clue some false information is given to the media. Sometimes if an investigation is being done in an open issue relating to some religion/caste or creed, information in hidden language is given so as to avoid conflicts.

I have a coworker who falsely accuses me of drinking alcohol on the job. Is there a way I can go get tested for alcohol in my system and take legal actions against this coworker for making false accusations?

Just serve him with a Notice that he is making allegations of drinking alcohol and also express your intentions to seek damages from him. One copy of Notice, you may send through your department. That will serve the purpose.

Is there any law of limitations for filing a partition suit to members in a Hindu joint family?

It is twelve years as per Article 110 of The Limitation Act 1963.
The time period begins to run from the day when the exclusion from share becomes known to the plaintiff/co-sharer

What do you say in court when you disagree?

Thank You Sir. if the decision has been rendered.
I may be allowed to rectify this Hon’ble Court, if the discussion is going on the subject

 How much is a bodily injury claim worth?

How much you earn and how much incapacity you have got over receiving body injury are the main factors to consider.
You firstly have to obtain the certificate from the Civil Surgeon of your district about the percentage of incapacity.
Based on your income and the incapacity you have got over, you may file claim of compensation/damages.
Suppose you are 30 years old person and is earning Rs. 1 lac per month.
you have got 20 percent incapacity of your body.
Now you are to earn till the age of 60 years and so the remaining earning years i.e. 3o shall be multiplied by 20000/- into 12 that comes to Rs. 72,00,000/- I understand that will help

 How can a government recover the cost of damages from rioters if they are unemployed youths with no savings or assets?

By declaring them Insolvent after when they fail to pay the adjudged dues. And then the Government can recover the amount in the later period from the income they earn in due course of time.

Why does it take months to years for the result of a very small court case in India?

Lack of will is the only reason for delays. All other departures issued are politically motivated.
I still remember a time, when a Judicial Officer was appointed at a Sub Division without any court room and residence. He reached the station and started the Court in a abandoned Poultry Farm by just getting cleaned a small portion of it. His wife was with him as they were newly married. They went here and there in the evening in search of home on rent, but no one was ready to rent out any. Finally they passed the Night in the Varandha of a shop. Within a month, the officer made the Court functional and decided a lot of cases. He did not complain of shortcomings as are complained these days. I hope your answer lies within aforesaid lines.

What is an example of original jurisdiction?

Original Jurisdiction refers to Subject Matter which can be tried by a Court. All legislation refers to a particular type of Court which would deal with the matter when a dispute arises. I hope You understand.

How do I transfer physical shares(which are lost) of my father who passed away to my mother’s name?

You have to file a case for issuance of Succession certificate after paying the ad-valorum court fee while arraying all legal heirs known to you and general public as party to such application. Such cases are filed before the civil court. After getting the certificate you can apply for transfer of shares in your name.

 Is there any legal distance between a water pit and a borewell? My neighbour threatened to stay an order from court. We got a door number recently. Can he be able to stay order my house?

The answer to your question lies within illustration f and g of section 7 of Indian Easement Act 1882 which are reproduced hereunder:
The right of every owner of land to collect and dispose within his own limits of all water under the land which does not pass in a defined channel and all water on its surface which does not pass in a defined channel.
The right of every owner of land that, within his own limits, the water which naturally passes or percolates by, over or through his land shall not, before so passing or percolating, be unreasonably polluted by other persons.
An owner has a right to the water which is pollution free. Similarly An owner has got the right to dispose of its waste water by making a pit. However that Pit should not pollute the drinking water. The distance does not matter. Even if the distance is more but the Pit water affects the drinking water well, then the owner of such water well has right to sue to close the pit. I hope you understand. You can obtain report of the drinking water from water analyst in existence under The water(Prevention and control of Pollution) Act 1974.

There was a challan against me for not having proper documents of the vehicle. Vehicle was detained for one day and released after paying up fine. Can it affect me if I apply for a government job in future?

No dear. Never. Only cases of moral turpitude are considered as bar to govt. Jobs. Rape corruption etc falls within the list of moral turpitude cases. Traffic Challans even if result in conviction and sentence do not bar the govt. Jobs. Thanks

What is a jurisdiction area?

Jurisdictional area: There are three types of Jurisdictions;
Territorial Jurisdiction- Territory within which a Court can exercise its Jurisdiction.
Pecuniary Jurisdiction- The value of Subject matter – a Court is competent to try. Say up to 2lacs, 5 lacs, 1crore or unlimited.
Jurisdiction over the subject matter- The subject matter that has been brought before it is within the jurisdictional area of the concerned Court .For Example A matter relating to Land Revenue is triable by Revenue Court only. The Civil Court does not enjoy jurisdiction over such matter. Similarly the matter relating to Rent /eviction from urban properties are triable by the Court of Rent Controllers only. The Civil Court does not enjoy jurisdiction over such matters. I hope you understand.

Can a minor file a defamation suit?

Yes. Why not? A minor I s as competent to file suit as anyone else. But he can file such suit through next friend as defined in order 32 cpc..

 At what age will a judge listen to a child?

At all ages. If you are talking about child witness then I must say that even A child witness is competent to depose. A Judge before recording such statement must satisfy himself that the child is able to distinguish real and illusion. That is the only condition imposed for admitting the testimony of a child witness. Before recording the statement in order to know that child is competent to depose A Judge must put question and record answers so as to satisfy higher courts that child was a competent witness

 How can I get justice in a welfare society comprising of flats wherein some flat owners are taking unfair advantage over water supply by partaking unequal means discriminating others?

You can complain in writing to the President of the Society at the first Instance. If it does not work then you have got the option to write to the builder by whom such society was formed initially. Again if it does not work then you can file complaint to the Adjudicating officer of Real estate Regulatory Authority of your State by arraying both builder and RW A as party to the complaint

What happens when it is proved that the 498a case filed was false?

The accused are acquitted. They acquire the right to seek damages for malicious prosecution within one year of termination of proceedings in their favour.

Can a criminal inherit money?

Yes. Wait! There is one restriction in inheriting the property including money of the deceased if the person inheriting is convict of the murder of the deceased. In all other cases, criminals have got right to inherit property of deceased died intestate. That is all from my side sir.

What happens if a person joins a department and a case is already running in the high court, are they going to be removed from the service after the final verdict or not?

He shall only be removed if the case involves a case of moral turpitude. Otherwise cases of general nature including that of causing simple hurt does not affect the career.

Is there any law, whether I can complain against my neighbours for disturbing in sleeping time?

you are at liberty to make an application to SDM of your area which is also an authority under the The Noise Pollution (Regulation and Control) Rules, 2000; The said authority if finds that the noise level is beyond the permitted limits, can impose restrictions on the use of such playing of music. The relevant portion of the rules and the detailed rules are given hereunder for your convenience:
Consequences of any violation in silence zone/area.
Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act:
(i) whoever, plays any music or uses any sound amplifiers,
(ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or
(iii) whoever, exhibits any mimetic, musical or other performances of a nature to attract crowds.
[(iv) whoever, bursts sound emitting fire crackers; or
(v) whoever, uses a loud speaker or a public address system.]18
7. Complaints to be made to the authority.
(1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone (or, if there is a violation of any provision of these rules regarding restrictions imposed during night time,)19 make a complaint to the authority.
(2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.
MINISTRY OF ENVIRONMENT & FORESTS The Noise Pollution (Regulation and Control) Rules, 2000;
(As amended till 10/08/2017 vide S.O. 2555(E))
S.O.123 (E).- Whereas the increasing ambient noise levels in public places from various sources, inter-alia, industrial activity, construction activity, (fire crackers, sound producing instruments)1, generator sets, loud speakers, public address systems, music systems, vehicular horns and other mechanical devices have deleterious effects on human health and the psychological well being of the people, it is considered necessary to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise;
Whereas a draft of Noise Pollution (Control and Regulation) Rules, 1999 was published under the notification of the Government of India in the Ministry of Environment and Forests vide number S.O. 528 (E) dated the 28th June, 1999 inviting objections and suggestions from all the persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which the copies of the Gazette containing the said notification are made available to the public-,
And whereas copies of the said Gazette were made available to the public on the 1st day of July, 1999.
And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government-,
Now therefore, In exercise of the powers conferred by clause (ii) of sub-section (2) of section 3, sub-section (1) and clause (b) of sub-section (2) of section 6 and section 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following rules for the regulation and control of noise producing and generating sources, namely:
The Noise Pollution (Regulation and Control) Rules, 2000
1. Short title and commencement.
(1) These rules may be called the Noise Pollution (Regulation and Control) Rules, 2000.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.- In these rules, unless the context otherwise requires,
(a) “Act” means the Environment (Protection) Act, 1986 (29 of 1986);
(b) “area/zone” means all areas which fall in either of the four categories given in the Schedule annexed to these rules;
1. In the said rules, in the opening para/portion after the words „construction activity” additional words as at (1) above have been inserted vide S.O.50 dated 11/01/2010.
[(c) “authority” means and includes any authority or officer authorised by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer not below the rank of the Deputy Superintendent of Police designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force;]2
[(d) “court” means a governmental body consisting of one or more judges who sit to adjudicate disputes and administer justice and includes any court of law presided over by a judge, judges or a magistrate and acting as a tribunal in civil, taxation and criminal cases;
(e) “educational institution” means a school, seminary, college, university, professional academies, training institutes or other educational establishment, not necessarily a chartered institution and includes not only buildings, but also all grounds necessary for the accomplishment of the full scope of educational instruction, including those things essential to mental, moral and physical development;
(f) “hospital” means an institution for the reception and care of sick, wounded, infirm or aged persons, and includes government or private hospitals, nursing homes and clinics;]3
[(g) “person” shall include any company or association or body of individuals, whether incorporated or not;]4
(h) “State Government” in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution.
[(i) “public place” means any place to which the public have access, whether as of right or not, and includes auditorium, hotels, public waiting rooms, convention centres, public offices, shopping malls, cinema halls, educational institutions, libraries, open grounds and the like which are visited by general public; and
(j) “night time” means the period between 10.00 p.m. and 6.00 a.m.]6
3. Ambient air quality standards in respect of noise for different areas/zones.
(1) The ambient air quality standards in respect of noise for different areas/zones shall be such as specified in the Schedule annexed to these rules.
(2) The State Government (shall categorize)5 the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.
2. In rule 2 for clause “(c) “authority” means any authority or officer authorized by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force;” has been substituted with a new clause as at (2) above vide S.O.1046 (E) dated 22/11/2000. 3. In rule 2, after Clause (c) new clause (d) (e) & (f) have been inserted as at (3) above vide S.O.1046 dated 22/11/2000. 4. In rule 2, clause (d) & (e) have been re-numbered as clauses (g) and (h) respectively and for (g) as so renumbered “(g) “person” in relation to any factory or premises means a person or occupier or his agent, who has control over the affairs of the factory or premises;” has been substituted as at (4) above vide S.O. 1046 (E) dated 22/11/2000. 5. In sub-rule (2) of rule 3 of the said rules, for the words “may categorize”, the words “shall categorize” has been substituted as at (5) above vide S.O.1046 dated 22/11/2000 6. In the said rules, in rule 2, after clause (h), the following clauses (i) & (j) have been inserted as at (6) above vide S.O. 50 dated 11/01/2010.
(3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements, (blowing of horns, bursting of sound emitting fire crackers, use of loud speakers or public address system and sound producing instruments)9 and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.
(4) All development authorities, local bodies and other concerned authorities while planning developmental activity or carrying out functions relating to town and country planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise.
(5) An area comprising not less than 100 metres around hospitals, educational institutions and courts may be declared (by the State Government)14 as silence area/zone for the purpose of these rules.
{Provided that, an area shall not fall under silence area or zone category, unless notified by the State Government in accordance with sub-rule(2).}14
4. Responsibility as to enforcement of noise pollution control measures.
(1) The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule.
(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.
[(3) The respective State Pollution Control Boards or Pollution Control Committees in consultation with the Central Pollution Control Board shall collect, compile and publish technical and statistical data relating to noise pollution and measures devised for its effective prevention, control and abatement.]8
5. Restrictions on the use of loud speakers/public address system (and sound producing instruments) .10
(1) A loud speaker or a public address system shall not be used except after obtaining written permission from the authority.
[(2) A loud speaker or a public address system or any sound producing instrument or a musical instrument or a sound amplifier shall not be used at night time except in closed premises for communication within, like auditoria, conference rooms, community halls or during a public emergency.]11
[(3) Notwithstanding anything contained in sub-rule (2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calender year and the concerned State Government or District Authority in respect of its jurisdiction as authorized by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption should be operative.
Explanation.- For the purposes of this sub-rule, the expressions-
(i) “festive occasion” shall include any National function or State function as notified by the Central Government or State Government; and
(ii) “National function or State function” shall include”-
(A) Republic Day; (B) Independence Day; (C) State Day; or (D) such other day as notified by the Central Government or the State Government.]15
7. In rule 5 after sub-rule (2) new rule 3 has been inserted as at (7) above vide S.O. 1088 (E) dated 11/10/2002. 8. In rule 4 after sub-rule (2) new sub-rule (3) has been inserted as at (8) above vide S.O. 1569 (E) dated 19/09/2006. 9. In the said rules, in rule 3, in sub-rule (3) after the words “noise emanating from vehicular movements, the additional words as at (9) above have been inserted vide S.O. 50 dated 11/01/2010. http://10.In
 rule 5, for heading after the words “public address system” new words has been inserted as at (10) vide S.O.50 dated 11/01/2010.
11. In rule 5, sub-rule (2) has been substituted by new sub-rule as at (11) above vide S.O. 50 dated 11/01/2010. 12. In rule 5, in sub-rule (3) for the words “public address systems during night hours” has been substituted by new words as at (12) above vide S.O. 50 dated 11/01/2010. 13. In rule 5, in sub-rule (3) after the words “a limited duration…………a calendar year” new sentence has been added as at (13) above vide S.O. 50 dated 11/01/2010. 14. In rule 3, in sub-rule (5) after the words “may be declared” the words “by the State Government” shall be inserted and there after new proviso is inserted as at (a) above vide S.O. 2555 dated 10/08/2017. 15. In rule 5, for the existing sub-rule “(3) Not withstanding anything contained in subrule (2), the State Government may subject to such items and conditions as are necessary to reduce noise pollution permit use of loudspeakers or (public address system and the like during night hours)12 (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calendar year.]7 (The concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption would be operative)13.” a new para is inserted as at (b) above vide S.O. 2555 dated 10/08/2017.
[(4) The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB (A) above the ambient noise standards for the area or 75 dB (A) whichever is lower;
(5) The peripheral noise level of a privately owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5dB (A) the ambient noise standards specified for the area on which it is used.]16
[5A. Restrictions on the use of horns, sound emitting construction equipments and bursting of fire crackers.
(1) No horn shall be used in silence zones or during night time in residential areas except during a public emergency.
(2) Sound emitting fire crackers shall not be burst in silence zone or during night time.
(3) Sound emitting construction equipments shall not be used or operated during night time in residential areas and silence zones.]17
6. Consequences of any violation in silence zone/area.
Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act:
(i) whoever, plays any music or uses any sound amplifiers,
(ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or
(iii) whoever, exhibits any mimetic, musical or other performances of a nature to attract crowds.
[(iv) whoever, bursts sound emitting fire crackers; or
(v) whoever, uses a loud speaker or a public address system.]18
7. Complaints to be made to the authority.
(1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone (or, if there is a violation of any provision of these rules regarding restrictions imposed during night time,)19 make a complaint to the authority.
(2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.
16. In rule 5, after sub-rule (3) new sub-rules (4) & (5) have been inserted as at (16) above vide S.O. 50 dated 11/01/2010. 17. In the said rules, after rule 5, new rule 5A has been inserted as at (17) above vide S.O.50 dated 11/01/2010. 18. In the said rules, in rule 6, after the clause (iii) new clauses (iv) & (v), as at (18) above have been inserted vide S.O. 50 dated 11/01/2010. http://19.In
 the said rules, in rule 7 in sub-rule (1), after the words “in corresponding columns……… & ending with………area/zone”, new sentence as at (19) above has been inserted vide S.O.50 dated 11/01/2010.
8. Power to prohibit etc. continuance of music sound or noise.
(1) If the authority is satisfied from the report of an officer in-charge of a police station or other information received by him (including from the complainant)20 that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any person who dwell or occupy property on the vicinity, he may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating:
(a) the incidence or continuance in or upon any premises of –
(i) any vocal or instrumental music,
(ii) sounds caused by playing, beating, clashing, blowing or use in any manner whatsoever of any instrument including loudspeakers, (public address systems, horn, construction equipment, appliance or apparatus)22 or contrivance which is capable of producing or re-producing sound, or
[(iii) sound caused by bursting of sound emitting fire crackers, or]23
(b) the carrying on in or upon, any premises of any trade, avocation or operation or process resulting in or attended with noise.
(2) The authority empowered under sub-rule (1) may, either on its own motion, or on the application of any person aggrieved by an order made under sub-rule (1), either rescind, modify or alter any such order:
Provided that before any such application is disposed of, the said authority shall afford to the applicant (and to the original complainant, as the case may be)21 an opportunity of appearing before it either in person or by a person representing him and showing cause against the order and shall, if it rejects any such application either wholly or in part, record its reasons for such rejection.
.In
 rule 8, in sub-rule (1) after the words “received by him” the words “ including from the complainant” has been inserted as at (18) above vide S.O. 1569 (E) dated 19/09/2006 21. In rule 8, in sub-rule (2) in the proviso, after the words “afford to the applicant”, the words “and to the original complainant, as the case may be”, has been inserted as at (19) above vide S.O. 1569 (E) dated 19/09/2006 http://22.In
 the said rules, in rule 8, in sub-rule (1), in clause (a)in sub-clause (ii), for the words, ”public address systems, appliance or apparatus” new words have been substituted as at (20) above vide S.O. 50 dated 11/01/2010. http://23.In
 the said rules, in rule 8, in sub-rule (1), in clause (a)after sub-clause (ii) new sub-clause (iii) as at (21) above has been inserted vide S.O. 50 dated 11/01/2010.
SCHEDULE (see rule 3(l) and 4(l)
Ambient Air Quality Standards in respect of Noise
Area Code Category of Area/Zone Limits in dB(A) Leq * Day Time NightTime (A) Industrial area 75 70 (B) Commercial area 65 55 (C) Residential area 55 45 (D) Silence Zone 50 40
Note:-
1. Day time shall mean from 6.00 a.m. to 10.00 p.m.
2. Night time shall mean from 10.00 p.m. to 6.00 a.m.
3. Mixed categories of areas may be declared as one of the four above mentioned categories by the competent authority.
*dB(A) Leq denotes the time weighted average of the level of sound in decibels on scale A which is relatable to human hearing.
A “decibel” is a unit in which noise is measured.
“A”, in dB(A) Leq, denotes the frequency weighting in the measurement of noise and corresponds to frequency response characteristics of the human ear.
Leq : It is an energy mean of the noise level, over a specified period.
24. In the schedule to the said rules, for the note 3 and the entries thereto. “Silence zone is defined as an area comprising not less than 100 metres around hospitals, educational institutions and courts. The silence zones are zones which are declared as such by the competent authority.” has been substituted as at (22) above vide S.O. 1046 (E) dated 22/11/2000.
In
 the schedule to the said rules, in the note, paragraph (“3. Silence zone is an area comprising not less than 100 meters around hospitals, educational institutions and courts, religious places or any other area which is declared as such by the competent authority ”)22” has been omitted as may be seen above vide S.O. 2555 (E) dated 10/08/2017.

What is the way out if my daughter has my surname incorrect in her 10 and 12 marksheet in the CBSE? What document will be legally accepted

You need to get the correct name published in the Govt of India gazette at New Delhi for the Department of Publication. They would charge Rs. 1100/- for such publication. The whole procedure is online followed by submission of documents by post. A period of four to six months is consumed in the whole process. After the surname is corrected through publication as aforesaid, then you can apply to the CBSE Authorities for correction according to the publication.
Please visit the Website of Department of Publication, Government of India, Civil Lines, New Delhi. You will find the list of documents required at their website. Thanks

How can I claim money from a fraudulent person if he/she is dead?

You can set up your claim against the estate of dead person by arraying the legal heirs of the deceased as a party to the suit.

What is the purpose of attesting documents?

ATTESTATION
The word implies the presence of some person who stands by but is not a party to the transaction.
It is pure question of law. Attestation is a process that is required by law. There are three documents which require compulsory attestation. Ist is Mortgage Deed, IInd is Gift deed, and IIIrd is Will. Please refer to Indian Succession Act and Transfer of Property Act.

 What should I do when both the witness in my father’s will refuse to be present at court, especially when my brother claims on it even though his name is not mentioned in the will?

If both the witnesses are not willing to appear in the court, then you have got the option to prove their signatures through the person who is acquainted with their signature.
In the cases of Will, as per Indian Evidence Act, at lease one of the attesting witnesses is required to depose in proof of the will that the executant signed the will in his presence.
If both the witnesses are dead or can not be called to the court due to certain circumstances beyond the control of beneficiary, then the above given option is available and you can prove the will accordingly.
Please refer to section 69 of The Indian Evidence Act 1872. However, I am reproducing the said section hereunder:
Proof where no attesting witness found:
If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person.

How do I apply for a new passport if it’s impounded due to court cases?

Courts have no right to impound the Passport. The High Court of Punjab and Haryana at Chandigarh in case Captain Anila Bhatia Versus State of Haryana while dealing with Criminal Misc. No. M-42638 of 2018 has held that When a person is made to surrender his passport, it curtails his right of movement beyond the country. You may move an application for delivery of your passport while quoting the said case law. That will help release your passport. You need not get the fresh passport

 If anyone cleared district judge exam at age 40 and any chance for him to become high court judge and what is the promotion process for him?

If you get selected to Higher Judicial Services at the age of 40, then there are bright chances of getting elevated to the High Court Judgeship.
However, Keep in mind the list of seniors sitting before you and the time taken for the process of elevation. It is the discretion of the Collegium to send your name for elevation or not.
Furthermore, the approval of law ministry is also very important for getting your name cleared for consideration by Collegium of Supreme Court.
If Luck favours you, certainly you can get elevated to that position. Best of luck.

How could a law system decide that punishment for some tenure will not make the criminal more furious and desperate?

Theory of Proportionate punishment describes as to how much punishment is required for a particular human misconduct. Several factors works for calculating the sentence. The aggressive behaviour, conflict with near and dear ones, obsession, isolation nature, not mixing with the society. Refusing to acknowledge a particular practice established by law and there are several other factors that contribute to the calculation of sentence. Help of social scientists and Medical professional are also taken to under a particular behaviour and the time within which it can be cured.
I take liberty to refer here several training programmes that the defence and police academies undertakes to train the young personnel and officers. Such trainings are usually given for a certain period with the understanding that after undergoing a training for a particular period, the personnel would be fit for performing such Job.
So is the case for fixation of punishments
Criminal systems are reformative in nature and as such a different time of sentence is prescribed for different human misconduct while believing on scientific and medical grounds that within that period, the convict shall mend his behaviour. I hope you understand the subject.

 What will be the jurisdiction of a money recovery suit if the defendant lives in a different city and the money given by online mode?

The Courts at both the places will have jurisdiction to entertain and try the suit for recovery. Illustration (b) to Section 20 of The Code of Civil Procedure will help you understand the subject. For your reference, I am referring here the said illustration:
(a) A is a tradesman in Calcutta. B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B carries business
(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benares, B and C make a joint promissory note payable on demand and deliver it to A.A may sue B and C at Benares, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi. There C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court.

Should we partially privatize the judiciary? Should people be encouraged to voluntarily seek legal redressal at private courts set up by large private companies or organisations with legal talent, where decisions are taken by a panel of experts?

Yes. You have raised a very fine issue. People can be persuaded to seek legal redressal at private courts. That would be much easier for common man. A bench of Judges may be assigned the decision rendered by the private court so as to find out its impartiality and proper application of law and logic. The decision thereafter can be made binding. That will save the time of the Courts, peoples feeling trapped in the court processes and also that of the Government.
The issue needs a debate. The proposal is not difficult to accept.
The Government may not agree on administration of criminal laws as these are the criminal laws which are basis of politics of any Country.

 What should one do if a judgement is reserved by the judge but the judge doesn’t deliver the judgement?

Order XX Rule I of Civil Procedure Code deals with such situations. The said rule reads as under :
1. Judgment when pronounced
[(1)] The Court, after the case has been heard, shall pronounce judgment in open Court, either at once or, as soon thereafter as may be practicable, on some future day; and when the judgment is to he pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders :]
[Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within fifteen days from the date on which the hearing of the case was concluded but, where it is not practicable so to do, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond thirty days from the date on which the hearing of case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders :
Provided further that, where a judgment is not pronounced within thirty days from the date on which the hearing of the case wag concluded, the Court shall record the reasons for such delay and shall fix a future day on which the judgment will be pronounced and due notice of the day so fixed shall be given to the parties or their pleaders.]
In the given situation and law, you have got the right to file an application before the Court requesting for delivering the judgment citing the date of conclusion of arguments.
Better if it is got done from third party than you do it yourself lest it may affect your interests and rights.

 Can judgment come after decree?

No. Decree follows the Judgment. Please refer to section 2(2) of Civil Procedure code. For your understandings, The said section is reproduced hereunder:
(2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within [* * *] section 144, but shall not include-
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation – A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit, it may be partly preliminary and partly final;

What is the principle of ‘renvoi’ in law?

The Doctrine of Renvoi is a legal doctrine which applies when a court is faced with a conflict of law and must consider the law of another state, referred to as private international law (“PIL”) rules. This can apply when considering foreign issues arising in succession planning and in administering estates.
The word “Renvoi” comes from the French “send back” or “return unopened”. The “Doctrine of Renvoi” is the process by which the court adopts the rules of a foreign jurisdiction with respect to any conflict of law that arises. The idea behind the doctrine is that it prevents forum shopping and the same law is applied to achieve the same outcome regardless of where the case is actually dealt with. The system of Renvoi attempts to achieve that end.

Is it trespassing if there is no sign?


Even if there is no Sign, entering in to the land of others and offensive to the owner or possessor amounts to trespassing.
If you stay on the property of another despite objection from the owner, then it becomes an offence punishable under the relevant Penal Code.
Just making an ingress ignorantly does not amount to any offence.

Can a female judge, which is a civil judge in India, get married and do she get a maternity leave?
Yes.They do get maternity leave for six months.

One police case is pending in high court from 2006. In the case status column, one entry with the word “Stage of case – for order” is there. Can anyone suggest, what is the meaning of “for order.” and also in this situation what we can do?

That means the court is to pronounce the orders on the case. If the case is displaying the words “ for orders” since 2006, then you can move application stating that you understand that the fresh arguments needs to be addressed as per your understanding. Such application shall be put up for hearing and then you can bring the fact of pendency of case for orders since 2006. The \court would pass the necessary Orders.

In India, does a child have a right on the property of his deceased father if his mother remarries after his death?

A child born in Hindu family gets one share in the property left by his/her father. Similarly the widow also gets one share. And so are the other children. It does not matter whether the widow remarries or not. The succession opens on the moment the death takes place. The child thus is entitled to one share in the property left by his father.

How does the court deliver a divorce notice from (petitioner) Mumbai to (respondent) Bengaluru? How does the notice travel?

These are sent through various modes. For example by Email, by registered post, Through recognized couriers and even a party can take summons from the court at Mumbai and deposit those with Courts at Bengaluru. The court staff i.e. Process server will serve the notice on the respondent.

Is a protective order civil or criminal?
Protective Orders you appears to be referring to are criminal in nature. These may be issued for protection of your person or property. Violation of these orders results in criminal proceedings and ultimate conviction and punishment.

What kind of punishment is there for people who abandon their children?

It is Imprisonment for seven years under section 317 of Indian Penal Code if the child is below 12 years.
317. Exposure and abandonment of child under twelve years, by parent or person having care of it.—Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.—This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child dies in consequence of the exposure.

Is the High Court a constitutional body or not?

It is a Constitutional Body.
According to the Indian Constitution, Articles 214-231 deals with the provisions of High Courts in India. It provides for separate high courts for separate states but according to 7th constitutional amendment act the same high court can be the court for more than one state. At present, we have 21 high courts in the country, which includes 3 common high courts.
Since the formation of High Court is provided in the Constitution itself, therefore it is a constitutional Body. Previously the position was different. The High Courts in India were created by the Indian High Courts Act of 1861
The Indian High Courts Act of 1861
(24 & 25 Vict. c. 104) was an act of the Parliament of the United Kingdom to authorize the Crown to create High Courts in the Indian colony.
Queen Victoria created the High Courts in Calcutta, Madras, and Bombay by Letters Patent
 in 1862. These High Courts would become the precursors to the High Courts in the modern day India, Pakistan, and Bangladesh. The Act was passed after the First War of Independence of 1857
 and consolidated the parallel legal system of the Crown and the East India Company


How do I read and understand the Indian Contract Act, 1872: Bare Act as a first year law student?

As a student of Ist year of law, you should focus on the wording used in The Indian Contract Act and try to grasp that. You will get to know how to read law by the end of the session. That is the only way out.


How much information can the police give to the media before a legal hearing because reporting sometimes devalues a fair and independent hearing?

There are no hard and fast rules for limitation on sharing such information. Sometime in order to get clue some false information is given to the media. Sometimes if an investigation is being done in an open issue relating to some religion/caste or creed, information in hidden language is given so as to avoid conflicts.


I have a coworker who falsely accuses me of drinking alcohol on the job. Is there a way I can go get tested for alcohol in my system and take legal actions against this coworker for making false accusations?

Just serve him with a Notice that he is making allegations of drinking alcohol and also express your intentions to seek damages from him. One copy of Notice, you may send through your department. That will serve the purpose.


Is there any law of limitations for filing a partition suit to members in a Hindu joint family?

It is twelve years as per Article 110 of The Limitation Act 1963.
The time period begins to run from the day when the exclusion from share becomes known to the plaintiff/co-sharer


What do you say in court when you disagree? Thank You Sir. if the decision has been rendered.


I may be allowed to rectify this Hon’ble Court, if the discussion is going on the subject


 How much is a bodily injury claim worth? How much you earn and how much incapacity you have got over receiving body injury are the main factors to consider.


You firstly have to obtain the certificate from the Civil Surgeon of your district about the percentage of incapacity.
Based on your income and the incapacity you have got over, you may file claim of compensation/damages.
Suppose you are 30 years old person and is earning Rs. 1 lac per month.
you have got 20 percent incapacity of your body.
Now you are to earn till the age of 60 years and so the remaining earning years i.e. 3o shall be multiplied by 20000/- into 12 that comes to Rs. 72,00,000/- I understand that will help
 

How can a government recover the cost of damages from rioters if they are unemployed youths with no savings or assets?

By declaring them Insolvent after when they fail to pay the adjudged dues. And then the Government can recover the amount in the later period from the income they earn in due course of time.


Why does it take months to years for the result of a very small court case in India?

Lack of will is the only reason for delays. All other departures issued are politically motivated.
I still remember a time, when a Judicial Officer was appointed at a Sub Division without any court room and residence. He reached the station and started the Court in a abandoned Poultry Farm by just getting cleaned a small portion of it. His wife was with him as they were newly married. They went here and there in the evening in search of home on rent, but no one was ready to rent out any. Finally they passed the Night in the Varandha of a shop. Within a month, the officer made the Court functional and decided a lot of cases. He did not complain of shortcomings as are complained these days. I hope your answer lies within aforesaid lines.


What is an example of original jurisdiction?

Original Jurisdiction refers to Subject Matter which can be tried by a Court. All legislation refers to a particular type of Court which would deal with the matter when a dispute arises. I hope You understand.


How do I transfer physical shares(which are lost) of my father who passed away to my mother’s name?

You have to file a case for issuance of Succession certificate after paying the ad-valorum court fee while arraying all legal heirs known to you and general public as party to such application. Such cases are filed before the civil court. After getting the certificate you can apply for transfer of shares in your name.


 Is there any legal distance between a water pit and a borewell? My neighbour threatened to stay an order from court. We got a door number recently. Can he be able to stay order my house?

The answer to your question lies within illustration f and g of section 7 of Indian Easement Act 1882 which are reproduced hereunder:
The right of every owner of land to collect and dispose within his own limits of all water under the land which does not pass in a defined channel and all water on its surface which does not pass in a defined channel.
The right of every owner of land that, within his own limits, the water which naturally passes or percolates by, over or through his land shall not, before so passing or percolating, be unreasonably polluted by other persons.
An owner has a right to the water which is pollution free. Similarly An owner has got the right to dispose of its waste water by making a pit. However that Pit should not pollute the drinking water. The distance does not matter. Even if the distance is more but the Pit water affects the drinking water well, then the owner of such water well has right to sue to close the pit. I hope you understand. You can obtain report of the drinking water from water analyst in existence under The water(Prevention and control of Pollution) Act 1974.


There was a challan against me for not having proper documents of the vehicle. Vehicle was detained for one day and released after paying up fine. Can it affect me if I apply for a government job in future?

No dear. Never. Only cases of moral turpitude are considered as bar to govt. Jobs. Rape corruption etc falls within the list of moral turpitude cases. Traffic Challans even if result in conviction and sentence do not bar the govt. Jobs. Thanks

What is a jurisdiction area?

Jurisdictional area: There are three types of Jurisdictions;
Territorial Jurisdiction- Territory within which a Court can exercise its Jurisdiction.
Pecuniary Jurisdiction- The value of Subject matter – a Court is competent to try. Say up to 2lacs, 5 lacs, 1crore or unlimited.
Jurisdiction over the subject matter- The subject matter that has been brought before it is within the jurisdictional area of the concerned Court .For Example A matter relating to Land Revenue is triable by Revenue Court only. The Civil Court does not enjoy jurisdiction over such matter. Similarly the matter relating to Rent /eviction from urban properties are triable by the Court of Rent Controllers only. The Civil Court does not enjoy jurisdiction over such matters. I hope you understand.


Can a minor file a defamation suit?

Yes. Why not? A minor I s as competent to file suit as anyone else. But he can file such suit through next friend as defined in order 32 cpc..
 

At what age will a judge listen to a child?

At all ages. If you are talking about child witness then I must say that even A child witness is competent to depose. A Judge before recording such statement must satisfy himself that the child is able to distinguish real and illusion. That is the only condition imposed for admitting the testimony of a child witness. Before recording the statement in order to know that child is competent to depose A Judge must put question and record answers so as to satisfy higher courts that child was a competent witness


 How can I get justice in a welfare society comprising of flats wherein some flat owners are taking unfair advantage over water supply by partaking unequal means discriminating others?

You can complain in writing to the President of the Society at the first Instance. If it does not work then you have got the option to write to the builder by whom such society was formed initially. Again if it does not work then you can file complaint to the Adjudicating officer of Real estate Regulatory Authority of your State by arraying both builder and RW A as party to the complaint
What happens when it is proved that the 498a case filed was false? The accused are acquitted. They acquire the right to seek damages for malicious prosecution within one year of termination of proceedings in their favour.


Can a criminal inherit money?

Yes. Wait! There is one restriction in inheriting the property including money of the deceased if the person inheriting is convict of the murder of the deceased. In all other cases, criminals have got right to inherit property of deceased died intestate. That is all from my side sir.


What happens if a person joins a department and a case is already running in the high court, are they going to be removed from the service after the final verdict or not?

He shall only be removed if the case involves a case of moral turpitude. Otherwise cases of general nature including that of causing simple hurt does not affect the career.
Is there any law, whether I can complain against my neighbours for disturbing in sleeping time? you are at liberty to make an application to SDM of your area which is also an authority under the The Noise Pollution (Regulation and Control) Rules, 2000; The said authority if finds that the noise level is beyond the permitted limits, can impose restrictions on the use of such playing of music. The relevant portion of the rules and the detailed rules are given hereunder for your convenience:
Consequences of any violation in silence zone/area.
Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act:
(i) whoever, plays any music or uses any sound amplifiers,
(ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or
(iii) whoever, exhibits any mimetic, musical or other performances of a nature to attract crowds.
[(iv) whoever, bursts sound emitting fire crackers; or
(v) whoever, uses a loud speaker or a public address system.]18
7. Complaints to be made to the authority.
(1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone (or, if there is a violation of any provision of these rules regarding restrictions imposed during night time,)19 make a complaint to the authority.
(2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.
MINISTRY OF ENVIRONMENT & FORESTS The Noise Pollution (Regulation and Control) Rules, 2000;
(As amended till 10/08/2017 vide S.O. 2555(E))
S.O.123 (E).- Whereas the increasing ambient noise levels in public places from various sources, inter-alia, industrial activity, construction activity, (fire crackers, sound producing instruments)1, generator sets, loud speakers, public address systems, music systems, vehicular horns and other mechanical devices have deleterious effects on human health and the psychological well being of the people, it is considered necessary to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise;
Whereas a draft of Noise Pollution (Control and Regulation) Rules, 1999 was published under the notification of the Government of India in the Ministry of Environment and Forests vide number S.O. 528 (E) dated the 28th June, 1999 inviting objections and suggestions from all the persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which the copies of the Gazette containing the said notification are made available to the public-,
And whereas copies of the said Gazette were made available to the public on the 1st day of July, 1999.
And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government-,
Now therefore, In exercise of the powers conferred by clause (ii) of sub-section (2) of section 3, sub-section (1) and clause (b) of sub-section (2) of section 6 and section 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following rules for the regulation and control of noise producing and generating sources, namely:
The Noise Pollution (Regulation and Control) Rules, 2000
1. Short title and commencement.
(1) These rules may be called the Noise Pollution (Regulation and Control) Rules, 2000.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.- In these rules, unless the context otherwise requires,
(a) “Act” means the Environment (Protection) Act, 1986 (29 of 1986);
(b) “area/zone” means all areas which fall in either of the four categories given in the Schedule annexed to these rules;
1. In the said rules, in the opening para/portion after the words „construction activity” additional words as at (1) above have been inserted vide S.O.50 dated 11/01/2010.
[(c) “authority” means and includes any authority or officer authorised by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer not below the rank of the Deputy Superintendent of Police designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force;]2
[(d) “court” means a governmental body consisting of one or more judges who sit to adjudicate disputes and administer justice and includes any court of law presided over by a judge, judges or a magistrate and acting as a tribunal in civil, taxation and criminal cases;
(e) “educational institution” means a school, seminary, college, university, professional academies, training institutes or other educational establishment, not necessarily a chartered institution and includes not only buildings, but also all grounds necessary for the accomplishment of the full scope of educational instruction, including those things essential to mental, moral and physical development;
(f) “hospital” means an institution for the reception and care of sick, wounded, infirm or aged persons, and includes government or private hospitals, nursing homes and clinics;]3
[(g) “person” shall include any company or association or body of individuals, whether incorporated or not;]4
(h) “State Government” in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution.
[(i) “public place” means any place to which the public have access, whether as of right or not, and includes auditorium, hotels, public waiting rooms, convention centres, public offices, shopping malls, cinema halls, educational institutions, libraries, open grounds and the like which are visited by general public; and
(j) “night time” means the period between 10.00 p.m. and 6.00 a.m.]6
3. Ambient air quality standards in respect of noise for different areas/zones.
(1) The ambient air quality standards in respect of noise for different areas/zones shall be such as specified in the Schedule annexed to these rules.
(2) The State Government (shall categorize)5 the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.
2. In rule 2 for clause “(c) “authority” means any authority or officer authorized by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force;” has been substituted with a new clause as at (2) above vide S.O.1046 (E) dated 22/11/2000. 3. In rule 2, after Clause (c) new clause (d) (e) & (f) have been inserted as at (3) above vide S.O.1046 dated 22/11/2000. 4. In rule 2, clause (d) & (e) have been re-numbered as clauses (g) and (h) respectively and for (g) as so renumbered “(g) “person” in relation to any factory or premises means a person or occupier or his agent, who has control over the affairs of the factory or premises;” has been substituted as at (4) above vide S.O. 1046 (E) dated 22/11/2000. 5. In sub-rule (2) of rule 3 of the said rules, for the words “may categorize”, the words “shall categorize” has been substituted as at (5) above vide S.O.1046 dated 22/11/2000 6. In the said rules, in rule 2, after clause (h), the following clauses (i) & (j) have been inserted as at (6) above vide S.O. 50 dated 11/01/2010.
(3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements, (blowing of horns, bursting of sound emitting fire crackers, use of loud speakers or public address system and sound producing instruments)9 and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.
(4) All development authorities, local bodies and other concerned authorities while planning developmental activity or carrying out functions relating to town and country planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise.
(5) An area comprising not less than 100 metres around hospitals, educational institutions and courts may be declared (by the State Government)14 as silence area/zone for the purpose of these rules.
{Provided that, an area shall not fall under silence area or zone category, unless notified by the State Government in accordance with sub-rule(2).}14
4. Responsibility as to enforcement of noise pollution control measures.
(1) The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule.
(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.
[(3) The respective State Pollution Control Boards or Pollution Control Committees in consultation with the Central Pollution Control Board shall collect, compile and publish technical and statistical data relating to noise pollution and measures devised for its effective prevention, control and abatement.]8
5. Restrictions on the use of loud speakers/public address system (and sound producing instruments) .10
(1) A loud speaker or a public address system shall not be used except after obtaining written permission from the authority.
[(2) A loud speaker or a public address system or any sound producing instrument or a musical instrument or a sound amplifier shall not be used at night time except in closed premises for communication within, like auditoria, conference rooms, community halls or during a public emergency.]11
[(3) Notwithstanding anything contained in sub-rule (2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calender year and the concerned State Government or District Authority in respect of its jurisdiction as authorized by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption should be operative.
Explanation.- For the purposes of this sub-rule, the expressions-
(i) “festive occasion” shall include any National function or State function as notified by the Central Government or State Government; and
(ii) “National function or State function” shall include”-
(A) Republic Day; (B) Independence Day; (C) State Day; or (D) such other day as notified by the Central Government or the State Government.]15
7. In rule 5 after sub-rule (2) new rule 3 has been inserted as at (7) above vide S.O. 1088 (E) dated 11/10/2002. 8. In rule 4 after sub-rule (2) new sub-rule (3) has been inserted as at (8) above vide S.O. 1569 (E) dated 19/09/2006. 9. In the said rules, in rule 3, in sub-rule (3) after the words “noise emanating from vehicular movements, the additional words as at (9) above have been inserted vide S.O. 50 dated 11/01/2010. http://10.In
 rule 5, for heading after the words “public address system” new words has been inserted as at (10) vide S.O.50 dated 11/01/2010.
11. In rule 5, sub-rule (2) has been substituted by new sub-rule as at (11) above vide S.O. 50 dated 11/01/2010. 12. In rule 5, in sub-rule (3) for the words “public address systems during night hours” has been substituted by new words as at (12) above vide S.O. 50 dated 11/01/2010. 13. In rule 5, in sub-rule (3) after the words “a limited duration…………a calendar year” new sentence has been added as at (13) above vide S.O. 50 dated 11/01/2010. 14. In rule 3, in sub-rule (5) after the words “may be declared” the words “by the State Government” shall be inserted and there after new proviso is inserted as at (a) above vide S.O. 2555 dated 10/08/2017. 15. In rule 5, for the existing sub-rule “(3) Not withstanding anything contained in subrule (2), the State Government may subject to such items and conditions as are necessary to reduce noise pollution permit use of loudspeakers or (public address system and the like during night hours)12 (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calendar year.]7 (The concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption would be operative)13.” a new para is inserted as at (b) above vide S.O. 2555 dated 10/08/2017.
[(4) The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB (A) above the ambient noise standards for the area or 75 dB (A) whichever is lower;
(5) The peripheral noise level of a privately owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5dB (A) the ambient noise standards specified for the area on which it is used.]16
[5A. Restrictions on the use of horns, sound emitting construction equipments and bursting of fire crackers.
(1) No horn shall be used in silence zones or during night time in residential areas except during a public emergency.
(2) Sound emitting fire crackers shall not be burst in silence zone or during night time.
(3) Sound emitting construction equipments shall not be used or operated during night time in residential areas and silence zones.]17
6. Consequences of any violation in silence zone/area.
Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act:
(i) whoever, plays any music or uses any sound amplifiers,
(ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or
(iii) whoever, exhibits any mimetic, musical or other performances of a nature to attract crowds.
[(iv) whoever, bursts sound emitting fire crackers; or
(v) whoever, uses a loud speaker or a public address system.]18
7. Complaints to be made to the authority.
(1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone (or, if there is a violation of any provision of these rules regarding restrictions imposed during night time,)19 make a complaint to the authority.
(2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.
16. In rule 5, after sub-rule (3) new sub-rules (4) & (5) have been inserted as at (16) above vide S.O. 50 dated 11/01/2010. 17. In the said rules, after rule 5, new rule 5A has been inserted as at (17) above vide S.O.50 dated 11/01/2010. 18. In the said rules, in rule 6, after the clause (iii) new clauses (iv) & (v), as at (18) above have been inserted vide S.O. 50 dated 11/01/2010. http://19.In
 the said rules, in rule 7 in sub-rule (1), after the words “in corresponding columns……… & ending with………area/zone”, new sentence as at (19) above has been inserted vide S.O.50 dated 11/01/2010.
8. Power to prohibit etc. continuance of music sound or noise.
(1) If the authority is satisfied from the report of an officer in-charge of a police station or other information received by him (including from the complainant)20 that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any person who dwell or occupy property on the vicinity, he may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating:
(a) the incidence or continuance in or upon any premises of –
(i) any vocal or instrumental music,
(ii) sounds caused by playing, beating, clashing, blowing or use in any manner whatsoever of any instrument including loudspeakers, (public address systems, horn, construction equipment, appliance or apparatus)22 or contrivance which is capable of producing or re-producing sound, or
[(iii) sound caused by bursting of sound emitting fire crackers, or]23
(b) the carrying on in or upon, any premises of any trade, avocation or operation or process resulting in or attended with noise.
(2) The authority empowered under sub-rule (1) may, either on its own motion, or on the application of any person aggrieved by an order made under sub-rule (1), either rescind, modify or alter any such order:
Provided that before any such application is disposed of, the said authority shall afford to the applicant (and to the original complainant, as the case may be)21 an opportunity of appearing before it either in person or by a person representing him and showing cause against the order and shall, if it rejects any such application either wholly or in part, record its reasons for such rejection.
.In
 rule 8, in sub-rule (1) after the words “received by him” the words “ including from the complainant” has been inserted as at (18) above vide S.O. 1569 (E) dated 19/09/2006 21. In rule 8, in sub-rule (2) in the proviso, after the words “afford to the applicant”, the words “and to the original complainant, as the case may be”, has been inserted as at (19) above vide S.O. 1569 (E) dated 19/09/2006 http://22.In
 the said rules, in rule 8, in sub-rule (1), in clause (a)in sub-clause (ii), for the words, ”public address systems, appliance or apparatus” new words have been substituted as at (20) above vide S.O. 50 dated 11/01/2010. http://23.In
 the said rules, in rule 8, in sub-rule (1), in clause (a)after sub-clause (ii) new sub-clause (iii) as at (21) above has been inserted vide S.O. 50 dated 11/01/2010.
SCHEDULE (see rule 3(l) and 4(l)
Ambient Air Quality Standards in respect of Noise
Area Code Category of Area/Zone Limits in dB(A) Leq * Day Time NightTime (A) Industrial area 75 70 (B) Commercial area 65 55 (C) Residential area 55 45 (D) Silence Zone 50 40
Note:-
1. Day time shall mean from 6.00 a.m. to 10.00 p.m.
2. Night time shall mean from 10.00 p.m. to 6.00 a.m.
3. Mixed categories of areas may be declared as one of the four above mentioned categories by the competent authority.
*dB(A) Leq denotes the time weighted average of the level of sound in decibels on scale A which is relatable to human hearing.
A “decibel” is a unit in which noise is measured.
“A”, in dB(A) Leq, denotes the frequency weighting in the measurement of noise and corresponds to frequency response characteristics of the human ear.
Leq : It is an energy mean of the noise level, over a specified period.
24. In the schedule to the said rules, for the note 3 and the entries thereto. “Silence zone is defined as an area comprising not less than 100 metres around hospitals, educational institutions and courts. The silence zones are zones which are declared as such by the competent authority.” has been substituted as at (22) above vide S.O. 1046 (E) dated 22/11/2000.
In
 the schedule to the said rules, in the note, paragraph (“3. Silence zone is an area comprising not less than 100 meters around hospitals, educational institutions and courts, religious places or any other area which is declared as such by the competent authority ”)22” has been omitted as may be seen above vide S.O. 2555 (E) dated 10/08/2017.
What is the way out if my daughter has my surname incorrect in her 10 and 12 marksheet in the CBSE? What document will be legally accepted You need to get the correct name published in the Govt of India gazette at New Delhi for the Department of Publication. They would charge Rs. 1100/- for such publication. The whole procedure is online followed by submission of documents by post. A period of four to six months is consumed in the whole process. After the surname is corrected through publication as aforesaid, then you can apply to the CBSE Authorities for correction according to the publication.
Please visit the Website of Department of Publication, Government of India, Civil Lines, New Delhi. You will find the list of documents required at their website. Thanks
How can I claim money from a fraudulent person if he/she is dead? You can set up your claim against the estate of dead person by arraying the legal heirs of the deceased as a party to the suit.
What is the purpose of attesting documents? ATTESTATION
The word implies the presence of some person who stands by but is not a party to the transaction.
It is pure question of law. Attestation is a process that is required by law. There are three documents which require compulsory attestation. Ist is Mortgage Deed, IInd is Gift deed, and IIIrd is Will. Please refer to Indian Succession Act and Transfer of Property Act.
 What should I do when both the witness in my father’s will refuse to be present at court, especially when my brother claims on it even though his name is not mentioned in the will? If both the witnesses are not willing to appear in the court, then you have got the option to prove their signatures through the person who is acquainted with their signature.
In the cases of Will, as per Indian Evidence Act, at lease one of the attesting witnesses is required to depose in proof of the will that the executant signed the will in his presence.
If both the witnesses are dead or can not be called to the court due to certain circumstances beyond the control of beneficiary, then the above given option is available and you can prove the will accordingly.
Please refer to section 69 of The Indian Evidence Act 1872. However, I am reproducing the said section hereunder:
Proof where no attesting witness found:
If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person.
How do I apply for a new passport if it’s impounded due to court cases? Courts have no right to impound the Passport. The High Court of Punjab and Haryana at Chandigarh in case Captain Anila Bhatia Versus State of Haryana while dealing with Criminal Misc. No. M-42638 of 2018 has held that When a person is made to surrender his passport, it curtails his right of movement beyond the country. You may move an application for delivery of your passport while quoting the said case law. That will help release your passport. You need not get the fresh passport
 If anyone cleared district judge exam at age 40 and any chance for him to become high court judge and what is the promotion process for him? If you get selected to Higher Judicial Services at the age of 40, then there are bright chances of getting elevated to the High Court Judgeship.
However, Keep in mind the list of seniors sitting before you and the time taken for the process of elevation. It is the discretion of the Collegium to send your name for elevation or not.
Furthermore, the approval of law ministry is also very important for getting your name cleared for consideration by Collegium of Supreme Court.
If Luck favours you, certainly you can get elevated to that position. Best of luck.
How could a law system decide that punishment for some tenure will not make the criminal more furious and desperate? Theory of Proportionate punishment describes as to how much punishment is required for a particular human misconduct. Several factors works for calculating the sentence. The aggressive behaviour, conflict with near and dear ones, obsession, isolation nature, not mixing with the society. Refusing to acknowledge a particular practice established by law and there are several other factors that contribute to the calculation of sentence. Help of social scientists and Medical professional are also taken to under a particular behaviour and the time within which it can be cured.
I take liberty to refer here several training programmes that the defence and police academies undertakes to train the young personnel and officers. Such trainings are usually given for a certain period with the understanding that after undergoing a training for a particular period, the personnel would be fit for performing such Job.
So is the case for fixation of punishments
Criminal systems are reformative in nature and as such a different time of sentence is prescribed for different human misconduct while believing on scientific and medical grounds that within that period, the convict shall mend his behaviour. I hope you understand the subject.
 What will be the jurisdiction of a money recovery suit if the defendant lives in a different city and the money given by online mode? The Courts at both the places will have jurisdiction to entertain and try the suit for recovery. Illustration (b) to Section 20 of The Code of Civil Procedure will help you understand the subject. For your reference, I am referring here the said illustration:
(a) A is a tradesman in Calcutta. B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B carries business
(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benares, B and C make a joint promissory note payable on demand and deliver it to A.A may sue B and C at Benares, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi. There C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court.
Should we partially privatize the judiciary? Should people be encouraged to voluntarily seek legal redressal at private courts set up by large private companies or organisations with legal talent, where decisions are taken by a panel of experts? Yes. You have raised a very fine issue. People can be persuaded to seek legal redressal at private courts. That would be much easier for common man. A bench of Judges may be assigned the decision rendered by the private court so as to find out its impartiality and proper application of law and logic. The decision thereafter can be made binding. That will save the time of the Courts, peoples feeling trapped in the court processes and also that of the Government.
The issue needs a debate. The proposal is not difficult to accept.
The Government may not agree on administration of criminal laws as these are the criminal laws which are basis of politics of any Country.
 What should one do if a judgement is reserved by the judge but the judge doesn’t deliver the judgement? Order XX Rule I of Civil Procedure Code deals with such situations. The said rule reads as under :
1. Judgment when pronounced
[(1)] The Court, after the case has been heard, shall pronounce judgment in open Court, either at once or, as soon thereafter as may be practicable, on some future day; and when the judgment is to he pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders :]
[Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within fifteen days from the date on which the hearing of the case was concluded but, where it is not practicable so to do, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond thirty days from the date on which the hearing of case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders :
Provided further that, where a judgment is not pronounced within thirty days from the date on which the hearing of the case wag concluded, the Court shall record the reasons for such delay and shall fix a future day on which the judgment will be pronounced and due notice of the day so fixed shall be given to the parties or their pleaders.]
In the given situation and law, you have got the right to file an application before the Court requesting for delivering the judgment citing the date of conclusion of arguments.
Better if it is got done from third party than you do it yourself lest it may affect your interests and rights.
 Can judgment come after decree? No. Decree follows the Judgment. Please refer to section 2(2) of Civil Procedure code. For your understandings, The said section is reproduced hereunder:
(2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within [* * *] section 144, but shall not include-
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation – A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit, it may be partly preliminary and partly final;
What is the principle of ‘renvoi’ in law?
The Doctrine of Renvoi is a legal doctrine which applies when a court is faced with a conflict of law and must consider the law of another state, referred to as private international law (“PIL”) rules. This can apply when considering foreign issues arising in succession planning and in administering estates.
The word “Renvoi” comes from the French “send back” or “return unopened”. The “Doctrine of Renvoi” is the process by which the court adopts the rules of a foreign jurisdiction with respect to any conflict of law that arises. The idea behind the doctrine is that it prevents forum shopping and the same law is applied to achieve the same outcome regardless of where the case is actually dealt with. The system of Renvoi attempts to achieve that end.

Is it trespassing if there is no sign? Even if there is no Sign, entering in to the land of others and offensive to the owner or possessor amounts to trespassing.
If you stay on the property of another despite objection from the owner, then it becomes an offence punishable under the relevant Penal Code.
Just making an ingress ignorantly does not amount to any offence.
Can a female judge, which is a civil judge in India, get married and do she get a maternity leave? Yes.They do get maternity leave for six months.
One police case is pending in high court from 2006. In the case status column, one entry with the word “Stage of case – for order” is there. Can anyone suggest, what is the meaning of “for order.” and also in this situation what we can do?
That means the court is to pronounce the orders on the case. If the case is displaying the words “ for orders” since 2006, then you can move application stating that you understand that the fresh arguments needs to be addressed as per your understanding. Such application shall be put up for hearing and then you can bring the fact of pendency of case for orders since 2006. The \court would pass the necessary Orders.
In India, does a child have a right on the property of his deceased father if his mother remarries after his death? A child born in Hindu family gets one share in the property left by his/her father. Similarly the widow also gets one share. And so are the other children. It does not matter whether the widow remarries or not. The succession opens on the moment the death takes place. The child thus is entitled to one share in the property left by his father.
How does the court deliver a divorce notice from (petitioner) Mumbai to (respondent) Bengaluru? How does the notice travel? These are sent through various modes. For example by Email, by registered post, Through recognized couriers and even a party can take summons from the court at Mumbai and deposit those with Courts at Bengaluru. The court staff i.e. Process server will serve the notice on the respondent.
Is a protective order civil or criminal? Protective Orders you appears to be referring to are criminal in nature. These may be issued for protection of your person or property. Violation of these orders results in criminal proceedings and ultimate conviction and punishment.
Is a protective order civil or criminal? Protective Orders you appears to be referring to are criminal in nature. These may be issued for protection of your person or property. Violation of these orders results in criminal proceedings and ultimate conviction and punishment.
What kind of punishment is there for people who abandon their children? It is Imprisonment fosr seven years under section 317 of Indian Penal Code if the child is below 12 years.
317. Exposure and abandonment of child under twelve years, by parent or person having care of it.—Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation.—This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child dies in consequence of the exposure.

Is the High Court a constitutional body or not? It is a Constitutional Body.
According to the Indian Constitution, Articles 214-231 deals with the provisions of High Courts in India. It provides for separate high courts for separate states but according to 7th constitutional amendment act the same high court can be the court for more than one state. At present, we have 21 high courts in the country, which includes 3 common high courts.
Since the formation of High Court is provided in the Constitution itself, therefore it is a constitutional Body. Previously the position was different. The High Courts in India were created by the Indian High Courts Act of 1861
The Indian High Courts Act of 1861
(24 & 25 Vict. c. 104) was an act of the Parliament of the United Kingdom to authorize the Crown to create High Courts in the Indian colony.
Queen Victoria created the High Courts in Calcutta, Madras, and Bombay by Letters Patent
 in 1862. These High Courts would become the precursors to the High Courts in the modern day India, Pakistan, and Bangladesh. The Act was passed after the First War of Independence of 1857
 and consolidated the parallel legal system of the Crown and the East India Company
How do I read and understand the Indian Contract Act, 1872: Bare Act as a first year law student? As a student of Ist year of law, you should focus on the wording used in The Indian Contract Act and try to grasp that. You will get to know how to read law by the end of the session. That is the only way out.
How much information can the police give to the media before a legal hearing because reporting sometimes devalues a fair and independent hearing? There are no hard and fast rules for limitation on sharing such information. Sometime in order to get clue some false information is given to the media. Sometimes if an investigation is being done in an open issue relating to some religion/caste or creed, information in hidden language is given so as to avoid conflicts.
I have a coworker who falsely accuses me of drinking alcohol on the job. Is there a way I can go get tested for alcohol in my system and take legal actions against this coworker for making false accusations? Just serve him with a Notice that he is making allegations of drinking alcohol and also express your intentions to seek damages from him. One copy of Notice, you may send through your department. That will serve the purpose.
Is there any law of limitations for filing a partition suit to members in a Hindu joint family? It is twelve years as per Article 110 of The Limitation Act 1963.
The time period begins to run from the day when the exclusion from share becomes known to the plaintiff/co-sharer
What do you say in court when you disagree? Thank You Sir. if the decision has been rendered.
I may be allowed to rectify this Hon’ble Court, if the discussion is going on the subject
 How much is a bodily injury claim worth? How much you earn and how much incapacity you have got over receiving body injury are the main factors to consider.
You firstly have to obtain the certificate from the Civil Surgeon of your district about the percentage of incapacity.
Based on your income and the incapacity you have got over, you may file claim of compensation/damages.
Suppose you are 30 years old person and is earning Rs. 1 lac per month.
you have got 20 percent incapacity of your body.
Now you are to earn till the age of 60 years and so the remaining earning years i.e. 3o shall be multiplied by 20000/- into 12 that comes to Rs. 72,00,000/- I understand that will help
 How can a government recover the cost of damages from rioters if they are unemployed youths with no savings or assets? By declaring them Insolvent after when they fail to pay the adjudged dues. And then the Government can recover the amount in the later period from the income they earn in due course of time.
Why does it take months to years for the result of a very small court case in India? Lack of will is the only reason for delays. All other departures issued are politically motivated.
I still remember a time, when a Judicial Officer was appointed at a Sub Division without any court room and residence. He reached the station and started the Court in a abandoned Poultry Farm by just getting cleaned a small portion of it. His wife was with him as they were newly married. They went here and there in the evening in search of home on rent, but no one was ready to rent out any. Finally they passed the Night in the Varandha of a shop. Within a month, the officer made the Court functional and decided a lot of cases. He did not complain of shortcomings as are complained these days. I hope your answer lies within aforesaid lines.
What is an example of original jurisdiction? Original Jurisdiction refers to Subject Matter which can be tried by a Court. All legislation refers to a particular type of Court which would deal with the matter when a dispute arises. I hope You understand.
How do I transfer physical shares(which are lost) of my father who passed away to my mother’s name? You have to file a case for issuance of Succession certificate after paying the ad-valorum court fee while arraying all legal heirs known to you and general public as party to such application. Such cases are filed before the civil court. After getting the certificate you can apply for transfer of shares in your name.
 Is there any legal distance between a water pit and a borewell? My neighbour threatened to stay an order from court. We got a door number recently. Can he be able to stay order my house? The answer to your question lies within illustration f and g of section 7 of Indian Easement Act 1882 which are reproduced hereunder:
The right of every owner of land to collect and dispose within his own limits of all water under the land which does not pass in a defined channel and all water on its surface which does not pass in a defined channel.
The right of every owner of land that, within his own limits, the water which naturally passes or percolates by, over or through his land shall not, before so passing or percolating, be unreasonably polluted by other persons.
An owner has a right to the water which is pollution free. Similarly An owner has got the right to dispose of its waste water by making a pit. However that Pit should not pollute the drinking water. The distance does not matter. Even if the distance is more but the Pit water affects the drinking water well, then the owner of such water well has right to sue to close the pit. I hope you understand. You can obtain report of the drinking water from water analyst in existence under The water(Prevention and control of Pollution) Act 1974.
There was a challan against me for not having proper documents of the vehicle. Vehicle was detained for one day and released after paying up fine. Can it affect me if I apply for a government job in future? No dear. Never. Only cases of moral turpitude are considered as bar to govt. Jobs. Rape corruption etc falls within the list of moral turpitude cases. Traffic Challans even if result in conviction and sentence do not bar the govt. Jobs. Thanks
What is a jurisdiction area? Jurisdictional area: There are three types of Jurisdictions;
Territorial Jurisdiction- Territory within which a Court can exercise its Jurisdiction.
Pecuniary Jurisdiction- The value of Subject matter – a Court is competent to try. Say up to 2lacs, 5 lacs, 1crore or unlimited.
Jurisdiction over the subject matter- The subject matter that has been brought before it is within the jurisdictional area of the concerned Court .For Example A matter relating to Land Revenue is triable by Revenue Court only. The Civil Court does not enjoy jurisdiction over such matter. Similarly the matter relating to Rent /eviction from urban properties are triable by the Court of Rent Controllers only. The Civil Court does not enjoy jurisdiction over such matters. I hope you understand.
Can a minor file a defamation suit? Yes. Why not? A minor I s as competent to file suit as anyone else. But he can file such suit through next friend as defined in order 32 cpc..
 At what age will a judge listen to a child? At all ages. If you are talking about child witness then I must say that even A child witness is competent to depose. A Judge before recording such statement must satisfy himself that the child is able to distinguish real and illusion. That is the only condition imposed for admitting the testimony of a child witness. Before recording the statement in order to know that child is competent to depose A Judge must put question and record answers so as to satisfy higher courts that child was a competent witness
 How can I get justice in a welfare society comprising of flats wherein some flat owners are taking unfair advantage over water supply by partaking unequal means discriminating others? You can complain in writing to the President of the Society at the first Instance. If it does not work then you have got the option to write to the builder by whom such society was formed initially. Again if it does not work then you can file complaint to the Adjudicating officer of Real estate Regulatory Authority of your State by arraying both builder and RW A as party to the complaint
What happens when it is proved that the 498a case filed was false? The accused are acquitted. They acquire the right to seek damages for malicious prosecution within one year of termination of proceedings in their favour.
Can a criminal inherit money? Yes. Wait! There is one restriction in inheriting the property including money of the deceased if the person inheriting is convict of the murder of the deceased. In all other cases, criminals have got right to inherit property of deceased died intestate. That is all from my side sir.
What happens if a person joins a department and a case is already running in the high court, are they going to be removed from the service after the final verdict or not? He shall only be removed if the case involves a case of moral turpitude. Otherwise cases of general nature including that of causing simple hurt does not affect the career.
Is there any law, whether I can complain against my neighbours for disturbing in sleeping time? you are at liberty to make an application to SDM of your area which is also an authority under the The Noise Pollution (Regulation and Control) Rules, 2000; The said authority if finds that the noise level is beyond the permitted limits, can impose restrictions on the use of such playing of music. The relevant portion of the rules and the detailed rules are given hereunder for your convenience:
Consequences of any violation in silence zone/area.
Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act:
(i) whoever, plays any music or uses any sound amplifiers,
(ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or
(iii) whoever, exhibits any mimetic, musical or other performances of a nature to attract crowds.
[(iv) whoever, bursts sound emitting fire crackers; or
(v) whoever, uses a loud speaker or a public address system.]18
7. Complaints to be made to the authority.
(1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone (or, if there is a violation of any provision of these rules regarding restrictions imposed during night time,)19 make a complaint to the authority.
(2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.
MINISTRY OF ENVIRONMENT & FORESTS The Noise Pollution (Regulation and Control) Rules, 2000;
(As amended till 10/08/2017 vide S.O. 2555(E))
S.O.123 (E).- Whereas the increasing ambient noise levels in public places from various sources, inter-alia, industrial activity, construction activity, (fire crackers, sound producing instruments)1, generator sets, loud speakers, public address systems, music systems, vehicular horns and other mechanical devices have deleterious effects on human health and the psychological well being of the people, it is considered necessary to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise;
Whereas a draft of Noise Pollution (Control and Regulation) Rules, 1999 was published under the notification of the Government of India in the Ministry of Environment and Forests vide number S.O. 528 (E) dated the 28th June, 1999 inviting objections and suggestions from all the persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which the copies of the Gazette containing the said notification are made available to the public-,
And whereas copies of the said Gazette were made available to the public on the 1st day of July, 1999.
And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government-,
Now therefore, In exercise of the powers conferred by clause (ii) of sub-section (2) of section 3, sub-section (1) and clause (b) of sub-section (2) of section 6 and section 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following rules for the regulation and control of noise producing and generating sources, namely:
The Noise Pollution (Regulation and Control) Rules, 2000
1. Short title and commencement.
(1) These rules may be called the Noise Pollution (Regulation and Control) Rules, 2000.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.- In these rules, unless the context otherwise requires,
(a) “Act” means the Environment (Protection) Act, 1986 (29 of 1986);
(b) “area/zone” means all areas which fall in either of the four categories given in the Schedule annexed to these rules;
1. In the said rules, in the opening para/portion after the words „construction activity” additional words as at (1) above have been inserted vide S.O.50 dated 11/01/2010.
[(c) “authority” means and includes any authority or officer authorised by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer not below the rank of the Deputy Superintendent of Police designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force;]2
[(d) “court” means a governmental body consisting of one or more judges who sit to adjudicate disputes and administer justice and includes any court of law presided over by a judge, judges or a magistrate and acting as a tribunal in civil, taxation and criminal cases;
(e) “educational institution” means a school, seminary, college, university, professional academies, training institutes or other educational establishment, not necessarily a chartered institution and includes not only buildings, but also all grounds necessary for the accomplishment of the full scope of educational instruction, including those things essential to mental, moral and physical development;
(f) “hospital” means an institution for the reception and care of sick, wounded, infirm or aged persons, and includes government or private hospitals, nursing homes and clinics;]3
[(g) “person” shall include any company or association or body of individuals, whether incorporated or not;]4
(h) “State Government” in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution.
[(i) “public place” means any place to which the public have access, whether as of right or not, and includes auditorium, hotels, public waiting rooms, convention centres, public offices, shopping malls, cinema halls, educational institutions, libraries, open grounds and the like which are visited by general public; and
(j) “night time” means the period between 10.00 p.m. and 6.00 a.m.]6
3. Ambient air quality standards in respect of noise for different areas/zones.
(1) The ambient air quality standards in respect of noise for different areas/zones shall be such as specified in the Schedule annexed to these rules.
(2) The State Government (shall categorize)5 the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.
2. In rule 2 for clause “(c) “authority” means any authority or officer authorized by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force;” has been substituted with a new clause as at (2) above vide S.O.1046 (E) dated 22/11/2000. 3. In rule 2, after Clause (c) new clause (d) (e) & (f) have been inserted as at (3) above vide S.O.1046 dated 22/11/2000. 4. In rule 2, clause (d) & (e) have been re-numbered as clauses (g) and (h) respectively and for (g) as so renumbered “(g) “person” in relation to any factory or premises means a person or occupier or his agent, who has control over the affairs of the factory or premises;” has been substituted as at (4) above vide S.O. 1046 (E) dated 22/11/2000. 5. In sub-rule (2) of rule 3 of the said rules, for the words “may categorize”, the words “shall categorize” has been substituted as at (5) above vide S.O.1046 dated 22/11/2000 6. In the said rules, in rule 2, after clause (h), the following clauses (i) & (j) have been inserted as at (6) above vide S.O. 50 dated 11/01/2010.
(3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements, (blowing of horns, bursting of sound emitting fire crackers, use of loud speakers or public address system and sound producing instruments)9 and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.
(4) All development authorities, local bodies and other concerned authorities while planning developmental activity or carrying out functions relating to town and country planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise.
(5) An area comprising not less than 100 metres around hospitals, educational institutions and courts may be declared (by the State Government)14 as silence area/zone for the purpose of these rules.
{Provided that, an area shall not fall under silence area or zone category, unless notified by the State Government in accordance with sub-rule(2).}14
4. Responsibility as to enforcement of noise pollution control measures.
(1) The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule.
(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.
[(3) The respective State Pollution Control Boards or Pollution Control Committees in consultation with the Central Pollution Control Board shall collect, compile and publish technical and statistical data relating to noise pollution and measures devised for its effective prevention, control and abatement.]8
5. Restrictions on the use of loud speakers/public address system (and sound producing instruments) .10
(1) A loud speaker or a public address system shall not be used except after obtaining written permission from the authority.
[(2) A loud speaker or a public address system or any sound producing instrument or a musical instrument or a sound amplifier shall not be used at night time except in closed premises for communication within, like auditoria, conference rooms, community halls or during a public emergency.]11
[(3) Notwithstanding anything contained in sub-rule (2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address systems and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural, religious or festive occasion of a limited duration not exceeding fifteen days in all during a calender year and the concerned State Government or District Authority in respect of its jurisdiction as authorized by the concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption should be operative.
Explanation.- For the purposes of this sub-rule, the expressions-
(i) “festive occasion” shall include any National function or State function as notified by the Central Government or State Government; and
(ii) “National function or State function” shall include”-
(A) Republic Day; (B) Independence Day; (C) State Day; or (D) such other day as notified by the Central Government or the State Government.]15
7. In rule 5 after sub-rule (2) new rule 3 has been inserted as at (7) above vide S.O. 1088 (E) dated 11/10/2002. 8. In rule 4 after sub-rule (2) new sub-rule (3) has been inserted as at (8) above vide S.O. 1569 (E) dated 19/09/2006. 9. In the said rules, in rule 3, in sub-rule (3) after the words “noise emanating from vehicular movements, the additional words as at (9) above have been inserted vide S.O. 50 dated 11/01/2010. http://10.In
 rule 5, for heading after the words “public address system” new words has been inserted as at (10) vide S.O.50 dated 11/01/2010.
11. In rule 5, sub-rule (2) has been substituted by new sub-rule as at (11) above vide S.O. 50 dated 11/01/2010. 12. In rule 5, in sub-rule (3) for the words “public address systems during night hours” has been substituted by new words as at (12) above vide S.O. 50 dated 11/01/2010. 13. In rule 5, in sub-rule (3) after the words “a limited duration…………a calendar year” new sentence has been added as at (13) above vide S.O. 50 dated 11/01/2010. 14. In rule 3, in sub-rule (5) after the words “may be declared” the words “by the State Government” shall be inserted and there after new proviso is inserted as at (a) above vide S.O. 2555 dated 10/08/2017. 15. In rule 5, for the existing sub-rule “(3) Not withstanding anything contained in subrule (2), the State Government may subject to such items and conditions as are necessary to reduce noise pollution permit use of loudspeakers or (public address system and the like during night hours)12 (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calendar year.]7 (The concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption would be operative)13.” a new para is inserted as at (b) above vide S.O. 2555 dated 10/08/2017.
[(4) The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB (A) above the ambient noise standards for the area or 75 dB (A) whichever is lower;
(5) The peripheral noise level of a privately owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5dB (A) the ambient noise standards specified for the area on which it is used.]16
[5A. Restrictions on the use of horns, sound emitting construction equipments and bursting of fire crackers.
(1) No horn shall be used in silence zones or during night time in residential areas except during a public emergency.
(2) Sound emitting fire crackers shall not be burst in silence zone or during night time.
(3) Sound emitting construction equipments shall not be used or operated during night time in residential areas and silence zones.]17
6. Consequences of any violation in silence zone/area.
Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act:
(i) whoever, plays any music or uses any sound amplifiers,
(ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or
(iii) whoever, exhibits any mimetic, musical or other performances of a nature to attract crowds.
[(iv) whoever, bursts sound emitting fire crackers; or
(v) whoever, uses a loud speaker or a public address system.]18
7. Complaints to be made to the authority.
(1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone (or, if there is a violation of any provision of these rules regarding restrictions imposed during night time,)19 make a complaint to the authority.
(2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.
16. In rule 5, after sub-rule (3) new sub-rules (4) & (5) have been inserted as at (16) above vide S.O. 50 dated 11/01/2010. 17. In the said rules, after rule 5, new rule 5A has been inserted as at (17) above vide S.O.50 dated 11/01/2010. 18. In the said rules, in rule 6, after the clause (iii) new clauses (iv) & (v), as at (18) above have been inserted vide S.O. 50 dated 11/01/2010. http://19.In
 the said rules, in rule 7 in sub-rule (1), after the words “in corresponding columns……… & ending with………area/zone”, new sentence as at (19) above has been inserted vide S.O.50 dated 11/01/2010.
8. Power to prohibit etc. continuance of music sound or noise.
(1) If the authority is satisfied from the report of an officer in-charge of a police station or other information received by him (including from the complainant)20 that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any person who dwell or occupy property on the vicinity, he may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating:
(a) the incidence or continuance in or upon any premises of –
(i) any vocal or instrumental music,
(ii) sounds caused by playing, beating, clashing, blowing or use in any manner whatsoever of any instrument including loudspeakers, (public address systems, horn, construction equipment, appliance or apparatus)22 or contrivance which is capable of producing or re-producing sound, or
[(iii) sound caused by bursting of sound emitting fire crackers, or]23
(b) the carrying on in or upon, any premises of any trade, avocation or operation or process resulting in or attended with noise.
(2) The authority empowered under sub-rule (1) may, either on its own motion, or on the application of any person aggrieved by an order made under sub-rule (1), either rescind, modify or alter any such order:
Provided that before any such application is disposed of, the said authority shall afford to the applicant (and to the original complainant, as the case may be)21 an opportunity of appearing before it either in person or by a person representing him and showing cause against the order and shall, if it rejects any such application either wholly or in part, record its reasons for such rejection.
.In
 rule 8, in sub-rule (1) after the words “received by him” the words “ including from the complainant” has been inserted as at (18) above vide S.O. 1569 (E) dated 19/09/2006 21. In rule 8, in sub-rule (2) in the proviso, after the words “afford to the applicant”, the words “and to the original complainant, as the case may be”, has been inserted as at (19) above vide S.O. 1569 (E) dated 19/09/2006 http://22.In
 the said rules, in rule 8, in sub-rule (1), in clause (a)in sub-clause (ii), for the words, ”public address systems, appliance or apparatus” new words have been substituted as at (20) above vide S.O. 50 dated 11/01/2010. http://23.In
 the said rules, in rule 8, in sub-rule (1), in clause (a)after sub-clause (ii) new sub-clause (iii) as at (21) above has been inserted vide S.O. 50 dated 11/01/2010.
SCHEDULE (see rule 3(l) and 4(l)
Ambient Air Quality Standards in respect of Noise
Area Code Category of Area/Zone Limits in dB(A) Leq * Day Time NightTime (A) Industrial area 75 70 (B) Commercial area 65 55 (C) Residential area 55 45 (D) Silence Zone 50 40
Note:-
1. Day time shall mean from 6.00 a.m. to 10.00 p.m.
2. Night time shall mean from 10.00 p.m. to 6.00 a.m.
3. Mixed categories of areas may be declared as one of the four above mentioned categories by the competent authority.
*dB(A) Leq denotes the time weighted average of the level of sound in decibels on scale A which is relatable to human hearing.
A “decibel” is a unit in which noise is measured.
“A”, in dB(A) Leq, denotes the frequency weighting in the measurement of noise and corresponds to frequency response characteristics of the human ear.
Leq : It is an energy mean of the noise level, over a specified period.
24. In the schedule to the said rules, for the note 3 and the entries thereto. “Silence zone is defined as an area comprising not less than 100 metres around hospitals, educational institutions and courts. The silence zones are zones which are declared as such by the competent authority.” has been substituted as at (22) above vide S.O. 1046 (E) dated 22/11/2000.
In
 the schedule to the said rules, in the note, paragraph (“3. Silence zone is an area comprising not less than 100 meters around hospitals, educational institutions and courts, religious places or any other area which is declared as such by the competent authority ”)22” has been omitted as may be seen above vide S.O. 2555 (E) dated 10/08/2017.
What is the way out if my daughter has my surname incorrect in her 10 and 12 marksheet in the CBSE? What document will be legally accepted You need to get the correct name published in the Govt of India gazette at New Delhi for the Department of Publication. They would charge Rs. 1100/- for such publication. The whole procedure is online followed by submission of documents by post. A period of four to six months is consumed in the whole process. After the surname is corrected through publication as aforesaid, then you can apply to the CBSE Authorities for correction according to the publication.
Please visit the Website of Department of Publication, Government of India, Civil Lines, New Delhi. You will find the list of documents required at their website. Thanks
How can I claim money from a fraudulent person if he/she is dead? You can set up your claim against the estate of dead person by arraying the legal heirs of the deceased as a party to the suit.
What is the purpose of attesting documents? ATTESTATION
The word implies the presence of some person who stands by but is not a party to the transaction.
It is pure question of law. Attestation is a process that is required by law. There are three documents which require compulsory attestation. Ist is Mortgage Deed, IInd is Gift deed, and IIIrd is Will. Please refer to Indian Succession Act and Transfer of Property Act.
 What should I do when both the witness in my father’s will refuse to be present at court, especially when my brother claims on it even though his name is not mentioned in the will? If both the witnesses are not willing to appear in the court, then you have got the option to prove their signatures through the person who is acquainted with their signature.
In the cases of Will, as per Indian Evidence Act, at lease one of the attesting witnesses is required to depose in proof of the will that the executant signed the will in his presence.
If both the witnesses are dead or can not be called to the court due to certain circumstances beyond the control of beneficiary, then the above given option is available and you can prove the will accordingly.
Please refer to section 69 of The Indian Evidence Act 1872. However, I am reproducing the said section hereunder:
Proof where no attesting witness found:
If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person.

How do I apply for a new passport if it’s impounded due to court cases?
Courts have no right to impound the Passport. The High Court of Punjab and Haryana at Chandigarh in case Captain Anila Bhatia Versus State of Haryana while dealing with Criminal Misc. No. M-42638 of 2018 has held that When a person is made to surrender his passport, it curtails his right of movement beyond the country. You may move an application for delivery of your passport while quoting the said case law. That will help release your passport. You need not get the fresh passport
 
If anyone cleared district judge exam at age 40 and any chance for him to become high court judge and what is the promotion process for him?
If you get selected to Higher Judicial Services at the age of 40, then there are bright chances of getting elevated to the High Court Judgeship.
However, Keep in mind the list of seniors sitting before you and the time taken for the process of elevation. It is the discretion of the Collegium to send your name for elevation or not.
Furthermore, the approval of law ministry is also very important for getting your name cleared for consideration by Collegium of Supreme Court.
If Luck favours you, certainly you can get elevated to that position. Best of luck.

How could a law system decide that punishment for some tenure will not make the criminal more furious and desperate?

Theory of Proportionate punishment describes as to how much punishment is required for a particular human misconduct. Several factors works for calculating the sentence. The aggressive behaviour, conflict with near and dear ones, obsession, isolation nature, not mixing with the society. Refusing to acknowledge a particular practice established by law and there are several other factors that contribute to the calculation of sentence. Help of social scientists and Medical professional are also taken to under a particular behaviour and the time within which it can be cured.
I take liberty to refer here several training programmes that the defence and police academies undertakes to train the young personnel and officers. Such trainings are usually given for a certain period with the understanding that after undergoing a training for a particular period, the personnel would be fit for performing such Job.
So is the case for fixation of punishments
Criminal systems are reformative in nature and as such a different time of sentence is prescribed for different human misconduct while believing on scientific and medical grounds that within that period, the convict shall mend his behaviour. I hope you understand the subject.
 
What will be the jurisdiction of a money recovery suit if the defendant lives in a different city and the money given by online mode?
The Courts at both the places will have jurisdiction to entertain and try the suit for recovery. Illustration (b) to Section 20 of The Code of Civil Procedure will help you understand the subject. For your reference, I am referring here the said illustration:
(a) A is a tradesman in Calcutta. B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B carries business
(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benares, B and C make a joint promissory note payable on demand and deliver it to A.A may sue B and C at Benares, where the cause of action arose. He may also sue them at Calcutta, where B resides, or at Delhi. There C resides; but in each of these cases, if the non-resident defendant objects, the suit cannot proceed without the leave of the Court.

Should we partially privatize the judiciary? Should people be encouraged to voluntarily seek legal redressal at private courts set up by large private companies or organisations with legal talent, where decisions are taken by a panel of experts?
Yes. You have raised a very fine issue. People can be persuaded to seek legal redressal at private courts. That would be much easier for common man. A bench of Judges may be assigned the decision rendered by the private court so as to find out its impartiality and proper application of law and logic. The decision thereafter can be made binding. That will save the time of the Courts, peoples feeling trapped in the court processes and also that of the Government.
The issue needs a debate. The proposal is not difficult to accept.
The Government may not agree on administration of criminal laws as these are the criminal laws which are basis of politics of any Country.

 What should one do if a judgement is reserved by the judge but the judge doesn’t deliver the judgement? Order XX Rule I of Civil Procedure Code deals with such situations. The said rule reads as under :
1. Judgment when pronounced
[(1)] The Court, after the case has been heard, shall pronounce judgment in open Court, either at once or, as soon thereafter as may be practicable, on some future day; and when the judgment is to he pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders :]
[Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within fifteen days from the date on which the hearing of the case was concluded but, where it is not practicable so to do, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond thirty days from the date on which the hearing of case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders :
Provided further that, where a judgment is not pronounced within thirty days from the date on which the hearing of the case wag concluded, the Court shall record the reasons for such delay and shall fix a future day on which the judgment will be pronounced and due notice of the day so fixed shall be given to the parties or their pleaders.]
In the given situation and law, you have got the right to file an application before the Court requesting for delivering the judgment citing the date of conclusion of arguments.
Better if it is got done from third party than you do it yourself lest it may affect your interests and rights.

 Can judgment come after decree?

No. Decree follows the Judgment. Please refer to section 2(2) of Civil Procedure code. For your understandings, The said section is reproduced hereunder:
(2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within [* * *] section 144, but shall not include-
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation – A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit, it may be partly preliminary and partly final;

What is the principle of ‘renvoi’ in law?

The Doctrine of Renvoi is a legal doctrine which applies when a court is faced with a conflict of law and must consider the law of another state, referred to as private international law (“PIL”) rules. This can apply when considering foreign issues arising in succession planning and in administering estates.
The word “Renvoi” comes from the French “send back” or “return unopened”. The “Doctrine of Renvoi” is the process by which the court adopts the rules of a foreign jurisdiction with respect to any conflict of law that arises. The idea behind the doctrine is that it prevents forum shopping and the same law is applied to achieve the same outcome regardless of where the case is actually dealt with. The system of Renvoi attempts to achieve that end.

What is more powerful, money, might,or law


The line of preference can be drawn as under. Money at the first instance, because no law agency or law enforcement agency can be run without money. Second is the might. No body can be formed without might and my dear friend third is the law.

How do exonerated people (innocent) deal with media or activists, who had blown things out of proportion to prove them (innocent people) guilty?


No need. Otherwise matter will be in the air again and one will not be able to answer the queries of all and sundry.

What is the procedure to get CCTV footage of a camera outside a court hall in India?

You can apply to the Superintendent of the District Judge for copy of CCTV footage under the Right to Information Act by paying the requisite fee in the shape of postal orders. The letter can also be written to the Information Officer, District Courts of your respective Station. You will get the information within 30 days