Category Archives: Useful Information

City Civil Court Purpose of Hearing List

Are you confused about the Status of a Case in the City Civil Court? This article explains what the case status means in the City Civil Court in Maharashtra.

  1. JUDGMENT
    After hearing the arguments (oral submissions) from both the parties to the proceedings, Court is to fix the date for Judgment (Final Order).
  2. ARGUMENT
    After recording of Evidence from both the parties, Court hears oral submission from both the sides in support of their respective stand. The process of hearing such oral submission is known as Argument. At the time of argument respective counsels for the parties put forth their submissions with citations to convince court on the issue in question.
  3. EVIDENCE (PH) / Evidence (Partly Heard)
    When the process of recording of evidence is initiated and matter adjourned for recording further evidence by giving next date, stage of such matter is notified as evidence (partly heard).
    When the evidence of the defence is to be secured, the state Evidence (Defence) is mentioned. In criminal matters instituted by other wise than police report, evidence is also recorded before issuance of process, the state Evidence Before Process is mentioned in such matters.
  4. HEARING
    Hearing includes recording of evidence or also hearing of arguments i.e. Oral submission by the parties.
  5. U/S 313 OF Cr.PC
    The criminal case is fixed for this purpose to record a statement of accused on the point of incriminating evidence collected against him during the course of trial.
  6. NOTICE (READY)
    When notice is required to be issued to the party to proceeding at the middle stage of its progress/trial i.e. When matter is ready for effective hearing, state Notice (Ready) is given.
  7. SUMMONS (READY)
    When summons are required to be issued to the party to proceeding at the middle stage of its progress/trial i.e. When matter is ready for effective hearing, state Summons (Ready) is given.
  8. CHARGE
    At this stage court prepares a document on the basis of which charges levelled against an accused are read over and explained to him and to which he either pleads guilty or claims a trial by denying the charges leveled against him.
  9. FIXING DATE OF HEARING
    When matter becomes ready/effective to under take hearing, court use to fix date for hearing of the said matter.
  10. PAPER BOOK
    To facilitate hearing of the appeal (both civil and criminal), copies of relevant documents in the proceedings are prepared on depositing costs by the appellant or party requesting for the same. A bunch of such document is known as paper book. The work of preparation of paper book starts after the receipt of Recorded & Proceeding from trial Court and all respondents are appeared in the matter then file send to paper book section for preparation of paper book.
  11. NOTICE (UNREADY)
    When notice is requried to be issued to the party to proceeding at the initial stage of its trial i.e. state notice (Unready ) is given.
  12. AWAITING SUNMMONS
    When summons are issued against party to the proceeding, matter is kept pending awaiting report of service of such summon.
  13. N.B.W.(READY)
    When Non bailable warrant is issued against accused in a case at the middle stage of the trial, i.e. When matter is ready/effective, this stage is given either for issuing such NBW or awaiting report of the same.
  14. B.W.(READY)
    When bailable warrant is issued against accused in a case at the middle stage of the trial, i.e. When matter is ready/effective, this stage is given either for issuing such BW or awaiting report of the same.
  15. N.B.W. (UNREADY)
    When Non bailable warrant is issued against accused in a case at the initial stage of the trial, i.e. When matter is unready/ineffective, this stage is given either for issuing such NBW or awaiting report of the same.
  16. B.W. (UNREADY)
    When bailable warrant is issued against accused in a case at the initial stage of the trial, i.e. When matter is unready/ineffective, this stage is given either for issuing such BW or awaiting report of the same.
  17. ADMISSION & DENIAL
    In every proceeding, parties file several documents. To curtail volume of evidence to be adduce, at this stage parties are called upon to either admit or deny the documents filed by other side. Excluding the admitted facts, issues are framed by the court. Parties are required to adduce evidence on the issues framed as per burden of proof.
  18. AWAITING R & P OF LOWER COURT
    When record and proceedings of lower court is ordered to be called for, writ for the same is issued. Matter is posted awaiting Record and Proceedings of lower court..
  19. R & P (READY)
    When during the course of hearing of the matter record and proceedings from other court is called either suo moto by the court or on the request of parties,this stage is given to the proceedings either for calling such R&P or for awaiting the same.
  20. FILING OF V.P.
    When party desires to engage another advocate or advocate for party just appears and files pursis/appearance memo; and seeks time to file vakil patra, stage filing of V.P., is assigned to the matter,.APPEARANCE :
  21. FILING OF V.P. (UNREADY):- When filing of vakil patra becomes necessary at the middle stage of the proceedings/trial, this stage is given.
  22. ORDER
    In proceedings after hearing both the sides several misc. applications are to be decided by passing orders. In addition to this several consequential orders on failure to appear, failure to comply with the directions issued by courts are to be passed. Stage order is therefore fixed in such matters.
  23. ORDER ON EXH
    When order is to be passed on interim application, stage order on exhibit number of such misc. application is given.
  24. FILING OF VAKILPATRA:- Pl. refer explanation of stage shown at sr.no. 20 and 21 above.
  25. FILING OF SAY ON EXH____(READY)
    When party files misc. application seeking interim relief during the course of trial, court use to call say of other side. If at such stage matter is in ready state, this stage is known as Filing of say on Exh. (Ready).

More…..coming soon.

What is Registered Post AD? How to send Registered Post with Acknowledgement

Lawyers very often send letters or legal notices to people through Registered Post A. D. also known as RPAD or Registered Post with Acknowledgement Due. This article explains why Registered Post is used and how to send a letter or parcel through Registered Post.

What is Registered Post with Acknowledgement Due?

“Registered Post with Acknowledgement Due” is written on any postal article, for which the sender wants a proof or acknowledgement of delivery to confirm that it has been received by the addressee or his representative.

The fee for adding an Acknowledgement Card is Rs. 3 extra. The Acknowledgement Card is delivered back to the original sender by ordinary post.

What type of postal mail can be registered?

All postal mail except for Post Cards can be registered.

This includes:

  • Letters
  • Parcels
  • Journals
  • Books

Why do we use Registered Post?

Registered Postal Article details are entered into a special register, which ensures proper delivery of the article. Ordinary post which is dropped in the post box or at the counter of the post office is not registered and there is no proof of delivery available for it.

Can we use Speed Post or Private Courier services in place of Registered Post? What is the difference between Speed Post AD and Registered Post AD?

You can use Speed Post or Private Courier for delivery of notices and court procedures, unless the law specifies that delivery must be made by Registered Post only. The reason why Registered Post Acknowledgements are conclusive proof of delivery is because it has been delivered by a government employee as per strict procedure of registering the document in the postal notebook and also taking a signature of the recipient when it is delivered.

Can we send a Registered Letter or Parcel without attaching an acknowledgement?

Yes. If the Letter or Parcel does not bear the words “Acknowledgement Due” or “AD” or indicate that an acknowledgement is required, the letter will be registered but not

How do we send a Registered Letter or Registered Parcel with Acknowledgement Due?

Steps to send a Registered Letter / Parcel with Acknowledgement Due Card:

1. On the Registered Letter or Parcel at the top left corner or above the name of the addressee, clearly mention the words “REGISTERED POST A/D” or “REGISTERED” or “REGISTERED POST WITH ACKNOWLEDGEMENT DUE” or “Regd. Post A/D” or even “Regd. A/D”

2. Fill in a Registered Post Acknowledgement Card:

The Card can be obtained free of cost from your nearest Post Office. You can also buy bundles of 50 cards by paying a nominal fee. You can also get the card photocopied and use it.

Fill up the front of the card Sender’s Address with your address in the three lines provided. Fill in the most accurate address, so that the card comes back to you. Fill in the PIN code correctly.

Registered Post AD Card Front

Registered Post AD Card Front

At the back of the AD Card, you will need to fill in the following (as shown in blue):

  • Select Registered Letter or Registered Parcel or Fill in the blank _______ if it is a Book / Journal etc.
  • In the Dated field enter the date on which you will post the letter / parcel
  • In the Addressed To field mention the receivers complete name and address.

 

Registered Post AD Card Back

Registered Post AD Card Back

3. After making the payment for the letter / parcel, retain the receipt so that you can track the parcel in future.

Once your parcel / letter is delivered, the Addressee must fill in the Date on which the letter / Parcel was Received and also Sign / Stamp the AD Card (shown above in red).

How do I track the delivery of Registered Post?

You can track the delivery of the document by visiting: http://www.indiapost.gov.in/ Nowadays tracking of the Registered Articles and Speed Post can be done by SMS. Sometimes, if your mobile number is properly entered, you will automatically receive an SMS upon delivery.

If your document was delivered but you didn’t receive the AD Card back or your document was undelivered or the status is not known, then you can place a complaint at: http://ccc.cept.gov.in/ComplaintRegistration.aspx

Note that the AD Card is returned to the sender by ordinary post and given ordinary priority. You may want to check with your post office or wait for a few days before complaining.

After placing a complaint, you will receive a letter in writing, stating whether your document was delivered or not. Additionally you can apply for a Proof of Delivery of the document in future.

Floor Space Index (FSI) in Mumbai. Explanation with images

What is the meaning of Floor Space Index (FSI)?

Floor Space Index is the ratio between the liveable area on all floors of the building to the actual area of that plot of land.

It is also known as the Floor Area Ratio i.e. the ratio between the sum of all floors and the Area of the plot of land.

Floor Space Index (FSI) in Mumbai

Floor Space Index (FSI) in Mumbai where FSI = 1

Floor Space Index (FSI) in Mumbai where FSI = 2

Floor Space Index (FSI) in Mumbai where FSI = 2

 

Section 2 (42) of the Development Control Regulations for Greater Bombay, 1991 state that:

(42) “Floor Space Index (FSI)” means the quotient of the ratio of
t h e combined gross floor area of all floors, excepting areas specificallyexempted under these Regulations, to the total area of the plot, viz. :—

Floor Space Index (FSI) =

Total covered area on all floors
—————————————
Plot area

Which law(s) govern Floor Space Index in Mumbai?

The Development Control Regulations for Greater Bombay, 1991 defines FSI and state its regulation.

What is the Floor Space Index FSI in Mumbai?

Section 32 of the Development Control Regulations for Greater Bombay, 1991 deals with Floor Space Indices and Tenement Density in Residential, Commercial and Industrial Zones.

The maximum permissible Floor Space Indices and tenement densities for various occupancies and locations and for various use zones are given in Table 14 of the Regulations.

Floor Space Index values as per Table 14 for New Residential Buildings


Location FSI Value
Island City 1.33
The area earmarked for BARC from ‘M’ Ward and the areas
comprised in “N” ward bounded on the west by Eastern Express Highway; on the North by northern boundary of ‘N’ Ward on the East by Thane Creek and on the south by the northern boundary of N Ward.
0.75
Akse, Erangal and Marve in the P North Ward and Gorai and Manori in the R Ward excepting gaothan proper 0.5
Remaining Suburbs and Extended Suburbs including gaothans 1.0

What is the Floor Space Index for redevelopment or reconstruction of Old / Existing Buildings?

Section 33 of the Development Control Regulations for Greater Bombay, 1991 deals with Additional Floor Space Index which may be allowed in certain categories:

(7) Reconstruction and redevelopment of cessed buildings in the Island City by Co-operative Housing Societies or of old buildings belonging to the Corporation:—
For reconstruction / redevelopment to be undertaken by Cooperative Housing Societies of existing tenants or
by Co-operative Housing Societies of landlords and/or Occupiers of a cessed building of ‘A’ category in Island City, which attracts the provisions of MHADA Act, 1976,
and
for reconstruction/redevelopment of the buildings of the Corporation constructed prior to 1910,
the floor space index shall be 2.5 on the gross plot area or the FSI required for Rehabilitation of existing tenants plus incentive FSI as specified in Appendix III, whichever is more.

Provided, however that with the previous approval of the Government,
MHADA/Corporation shall be eligible to get additional incentive FSI over otherwise permissible FSI as specified in Annexure III of these Regulations.

Provided further that in cases of composite redevelopment scheme for plot having ‘A’ category as also ‘B’ category cessed buildings the above FSI shall be available.

Provided further that in cases of, reconstruction/redevelopment of buildings which have been declared as unsafe by the BHAD Board prior to monsoon of 1997. the above FSI will be available irrespective of category cessed building.

Provided further, that reconstruction/redevelopment undertaken by proposed Cooperative Housing Societies of Landlords and/or Occupiers of a cessed building of ‘B’ category, and where composite development is undertaken by different owners of 5 or more plots the FSI required for Rehabilitation of existing tenants plus incentive FSI as specified in Appendix III will be available.

What is Fungible FSI?

 

 

2 Year LLM Syllabus Mumbai University

Syllabus for Mumbai University’s 2 Year LL.M. Post-Graduate Degree Course done after LL.B.

2 Year LLM Syllabus Mumbai University

2 Year LLM Syllabus Mumbai University

 

Eligibility for LL.M. in Mumbai University

As per Ordinance 5231 of the University of Mumbai:

The minimum qualification for a candidate of general category
making an application for admission to the LL.M. degree course is
a Second Class LL.B. degree obtained at one and same sitting of
this University or a degree recognized as equivalent thereto.
However candidates belonging to reserved category may make an
application to the L.L.M. degree course with a pass class.

Circular No. UG/169 of 2004, Dated 30th April, 2004

Specializations

  • Group I  – Constitutional and Administrative Law
  • Group II  – Business Law
  • Group III – Law of Intellectual Property and Information Technology
  • Group IV – Human Rights Law
  • Group V – Criminal Law and Criminal Administration
  • Group VI – Environment and Legal Order

Examination System

  • Total 4 Semesters
  • Students need to appear for 4 Compulsory Papers + 6 Group-wise Papers
  • Semester 1 = Compulsory Papers 1 and 2 + Group Papers 1 and 2
  • Semester 2 = Compulsory Papers 3 and 4 + Group Papers 3 and 4
  • Semester 3 = Group Papers 5 and 6 + Practical / Research Work
  • Semester 4 = Dissertation + Viva Voce

Syllabus

Foundation / Compulsory Papers

  1. Law And Social Transformation In India
  2. Indian Constitutional Law: The New Challenges
  3. Judicial Process
  4. Legal Education And Research Methodology

Group-wise Optional Papers (Click on the name to toggle)

  1. Constitutionalism : Pluralism and Federalism
  2. National Security Public Order and Rule of Law
  3. Comparative Constitutional Law
  4. Administrative Process : Nature and Scope
  5. Administrative Process and Judicial Control
  6. Public Authorities and Power Holders : Controls on Maladministration

  1. Fundamental Principles of Law of Contract and Allied Laws
  2. Global Trade under World Trade Organisation
  3. Corporate Law
  4. Law Relating to Customs and Foreign Exchange
  5. Law of Insurance
  6. Banking Laws

  1. Intellectual Property and International Organizations and Agreements
  2. Patent Law
  3. Trademarks
  4. Copyrights and other Related Rights
  5. Law of Industrial Designs, Geographical Indications, Layout Designs Etc.
  6. Information Technology

  1. Concept and Development of Human Rights
  2. Human Rights and International Order
  3. Protection and Enforcement of Human Rights in India
  4. Human Rights of Disadvantaged Groups
  5. International Humanitarian Law and Refugee Law
  6. Science, Technology and Human Rights

  1. Criminal Jurisprudence
  2. Penal Laws
  3. Criminology
  4. Collective Violence and Criminal Justice System
  5. Penology : Treatment of Offenders
  6. Forensic Science and Scientific Investigation of Crime

     

  1. Environmental Development : Law and Policy
  2. Resource Management and the Law
  3. Prevention and Control of Pollution
  4. Environment and International Legal Order
  5. Biological Diversity and Legal Order
  6. Environmental Legislation

Interlocutory Orders in India

What is the meaning of “Interlocutory Orders”?

An Interlocutory Order (also known as an Interim Order) means the decision of the Court which does not deal with the finality of the case but settles subordinate issues relating to the main subject matter which maybe necessary to decide during the pendency of the case due to the time-sensitivity of those issues.

An Interlocutory Order is given mainly to ensure that the interests of either party are not harmed due to and during the process of justice.

As per section 94 of the Code of Civil Procedure 1908 Part 6:

94. Supplemental Proceedings

In order to prevent the ends of justice from being, defeated the Court may, if it is so prescribed

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;

(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

Schedule 1 of the C. P. C. (Various Orders and Rules) deals with the procedural aspect in greater detail.

Examples of Interlocutory Orders:

  • Appointment of Commissioner to conduct search and seizure
  • Temporary Injunctions
  • Appointment of Court Receiver to collect rent or payments,
  • Payment into court
  • Security for maintaining a cause

Case Law

Sub‑Committee of Judicial Accountability v. Union of India, AIR 1992 SC 63

  • Held: The Supreme Court will abstain from passing an interlocutory order if the passing of such an order has an effect or tends to be susceptible of an inference of pre-judging some important and delicate issue in the main matter