Vivek's legal notes

Please beware of any advocate references from any fellow members esp. from those members whom you have never met physically. It is no doubt a great human service, second to none, in this litigation business to share reference of local advocates who are fighting your cases well.  But at the same time, beware of pimps who pushes their advocate with whom they have some vested interest (either free advice in return for new murgas or commission or clerks/assistance/interns of such advocates etc).  Good people need not get discouraged and stop helping others for the fear of being labelled as pimp.  To distinguish a pimp from a good person, you can ask for some order of "allegedly good" advocate and based on order sheet/judgment, you can yourself conclude whether advocate is good or bad. It is comparatively easy to understand an advocate or a judge from the order sheets. If you're just going with blind references esp. from online groups and you have never ever met the other pers...

 Passports Act 1967 governs the ground for rejection of passport https://passportindia.gov.in/AppOnlineProject/pdf/passports_act.pdf Read Sec 6 (2)(f) (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; Also, refer to the circular No. VI/401/1/5/2019 available at  https://www.passportindia.gov.in/AppOnlineProject/pdf/CIR_0222681_Y.pdf    Refer to Para 5, Point (vi) "It may be noted that mere filing of FIRs and cases under investigation do not come under the purview of Section 6(2)(f) and that criminal proceedings would only be considered pending against an applicant if a case has been registered before any court of law and the court has taken cognizance of the same" Passports Act prevails over CrPC http://tshcstatus.nic.in/hcorders/2020/wp/wp_10429_2020.pdf "The power to impound a validly issued passport is specifically conferred on the passport authority under Section 10(3) of th...

Following list is extracted from https://rajyasabha.nic.in/Members/Alphabetical on 24.11.22. Member count 239. 3 don't have any id. Wake them up!  jugal[dot]lokhandwala[at]sansad[dot]nic[dot]in wahab[dot]pv[at]sansad[dot]nic[dot]in mm[dot]abdulla[at]sansad[dot]nic[dot]in ramdas[at]sansad[dot]nic[dot]in h[dot]lachungpa[at]sansad[dot]nic[dot]in kova[dot]laxman[at]sansad[dot]nic[dot]in maharaja[dot]sle[at]sansad[dot]nic[dot]in dhananjaymahadik[dot]mp[at]sansad[dot]nic[dot]in khiru[dot]mahto[at]sansad[dot]nic[dot]in mahua[dot]maji[at]sansad[dot]nic[dot]in mansukh[dot]mandaviya[at]sansad[dot]nic[dot]in manasmangaraj[dot]mp[at]sansad[dot]nic[dot]in jose[dot]kmani[at]sansad[dot]nic[dot]in jbachchan[at]sansad[dot]nic[dot]in sonal[dot]mansingh[at]sansad[dot]nic[dot]in pabitra[dot]mprs[at]sansad[dot]nic[dot]in jebi[dot]mathermp[at]sansad[dot]nic[dot]in drkirodi[dot]meena51[at]sansad[dot]nic[dot]in ashok[dot]mittalmprs[at]sansad[dot]nic[dot]in sushilmodi[at]sansad[dot]nic[dot]in mamata[d...

Following data is collected from  http://164.100.47.194/loksabha/Members/AlphabeticalList.aspx on 24.11.22 Mr Modi, and 2-3 other members do not mention any email id. All other members out of total 542 members have their email ids. Wake them up. raja[DOT]andimuthu[AT]gmail[DOT]com a[DOT]raja[AT]sansad[DOT]nic[DOT]in anarayanaswamyanekal5[AT]gmail[DOT]com a[DOT]narayanswamy[AT]sansad[DOT]nic[DOT]in ajgalley1969[AT]gmail[DOT]com guha[DOT]chhanw[AT]sansad[DOT]nic[DOT]in rama[DOT]devi19[AT]sansad[DOT]nic[DOT]in officialveenadevi[AT]gmail[DOT]com mp[DOT]veenadevi[AT]sansad[DOT]nic[DOT]in rdhaduk11[AT]gmail[DOT]com rldhaduk11por[DOT]mp[AT]sansad[DOT]nic[DOT]in balu[DOT]dhanorkar29[AT]gmail[DOT]com balubhau[DOT]dhanorkar29[AT]sansad[DOT]nic[DOT]in office[DOT]dharambir[AT]gmail[DOT]com dharambir[DOT]mp[AT]sansad[DOT]nic[DOT]in arvind[DOT]dharmapuri[AT]gmail[DOT]com arvind[DOT]dharmapuri[AT]sansad[DOT]nic[DOT]in sanjaysdhotre[AT]gmail[DOT]com rajvir[DOT]diler[AT]sansad[DOT]nic[DOT]in dilipv...

========================================================= IPC 307 Attempt to murder. Ingredients: a) whoever does any act, with intention or knowledge, which may cause death and  b) in furtherance to the said intention and knowledge, he was doing an act towards it. a)  To determine whether an act is done within the ambit of section 307, three considerations appear to be essential- the nature of the act done, the intention or knowledge of the accused, and the circumstances under which the act is done. For the purpose of this section what is material is the intention or knowledge of the accused and not the consequences of the actual actions done for the purpose of carrying out the intention. What has the court has to see is whether the act was done with the intention or knowledge. The intention or knowledge of the accused must be such as is necessary to constitute murder. Without this ingredient being established, there can be no offense of “attempt to murder”.  The intenti...

  Rule 1 or Rule 2 of Order 39 are repository of the power to grant injunction.  An order of injunction is always passed under Rule 1 or Rule 2 Order 39 save and except rare orders passed under Section 151 of the Code of Civil Procedure.  Rule 1 and Rule 2 of Order 39 do not use the words "interim or ad interim". These are the words coined by the lawyers and the courts merely to indicate the stage at which orders are passed.  Interim order usually remains in force for whole of the period of the suit unless varied under Rule 4 or set aside in appeal.  Ad interim order operates only till the hearing of the application for injunction.  Usually, ad interim order is passed ex parte though it can also be passed when otherwise is present.  It is possible that in a given case at the time of institution of a suit, the plaintiff does not make an application for an order of interim injunction as he feels no necessity in which case only summons of the suit is issu...

I __ do hereby authorize ____ to collect the CCTV footage on my behalf as I am unable to collect it in person within the date prescribed due to health issues and threat to my life inside court premises. You can contact me in case you require any clarification. Your kind support and cooperation are highly appreciated.  ========================================================================================================================= TO WHOM IT MAY CONCERN: This letter is to inform that I _Mr Ram Lal__ hereby authorize __Mr Kanhaiya Lal_ to act on my behalf regarding __________.  Or collect my _______ (property, documents) from _____ (name of the person or institution). This authorization letter is valid for _______ days from the date it was issued after which it becomes null and void. After that I will be able to attend to my affairs personally. If any clarification or verification is needed, please do not hesitate to contact me by phone: ___________________ or e-mail: __...