A document drafted by a lawyer may be written out by his licensed clerk-Deed writer is not mandatory in WB

In case of a type-written deed prepared by an advocate the deed is required to be signed by the typist who typed the deed, under rule 18 (ii) of the West Bengal Registration (Deed Writers) Rules, 1982 as quoted earlier, as well as by the Advocate who prepared the deed. In such case the deed writer does not at all come into the picture. Similarly, rule 18(iii) of the said Rules also provides that when any document is drafted by a lawyer such document shall bear the full name and signature of the lawyer in addition to his registration number and the name of the Bar Council to which he is attached. This also visualises a situation where a lawyer drafting a deed in his professional capacity may get it written by his licensed clerk end it is not necessary that the lawyer concerned, after preparing the draft in connection with his professional assignment, will have to send it to a licensed deed writer instead of getting the same written out by his own licensed clerk according to the draft prepared by him. Therefore, I find nothing wrong or illegal in the impugned circulars where it is stated that a document drafted by a lawyer may be written out by his licensed clerk. In such cases however the registration authorities may very legitimately require the licensed clerk writing out the deed, not only to record on the document declaration under his signature that it has been written by him and disclose the particulars of his licence as lawyer’s clerk, but may also further require the clerk to record in writing the name of the advocate whose licensed clerk he is. Similarly, the advocate concerned also may be required to certify on the deed that the same bas been drafted by him and written out by his licensed clerk recording the name of such clerk… Read More A document drafted by a lawyer may be written out by his licensed clerk-Deed writer is not mandatory in WB

Whether ownership in stamp papers passes to stamp vendor when treasury officer delivers stamp papers on payment of price

The ownership in the stamp-papers passes to the stamp vendor when the treasury officer delivers the stamp papers on payment of price less discount. The stamp rules themselves contemplates that what the licensed vendor does, while taking delivery of the stamp papers from the government offices, is purchasing the stamp papers. The stamp paper vendors… Read More Whether ownership in stamp papers passes to stamp vendor when treasury officer delivers stamp papers on payment of price

Right of the Victim including in private complaint has right to file appeal

In its judgment in Satyapal Singh v. State of M.P. & Ors. [2015 (4) MLJ (Crl.) 219 (SC)], in para 11, it observed as follows:- “The Full Bench of the High Court of Delhi after examining the relevant provisions under Section 2(wa) and proviso to Section 372 of Cr.P.C., in the light of their legislative… Read More Right of the Victim including in private complaint has right to file appeal

Appointment of Judges of the superior Courts in Pakistan

Article 175A. Appointment of Judges to the Supreme Court, High Courts and the Federal Shariat Court (1) There shall be a Judicial Commission of Pakistan, hereinafter in this Article referred to as the Commission, for appointment of Judges of the Supreme Court, High Courts and the Federal Shariat Court, as hereinafter provided. (2) For appointment… Read More Appointment of Judges of the superior Courts in Pakistan

THE SUPREME JUDICIAL COUNCIL [Pakistan]PROCEDURE OF INQUIRY, 2005

The 17th Amendment to the Constitution brought a significant change in Article 209 of the Constitution. Prior to the Amendment, the Council could process only such matters as were referred to it by the President. Under the amended Article 209, the Council, besides a reference from the President, may, also on its own account, inquire… Read More THE SUPREME JUDICIAL COUNCIL [Pakistan]PROCEDURE OF INQUIRY, 2005

Supreme Judicial Council of Pakistan-Code of Conduct

ln exercise of powers conferred by Article 209(8) of the Constitution of Islamic Republic of Pakistan, 1973, the Supreme Judicial Council in its meeting on 8th August, 2009 approved the addition of a new Article No. XI in the Code of Conduct for Judges of the supreme Court and High Courts and in its meeting on 29th August, 2009 decided to publish the full text of amended Code of Conduct in the Gazette of Pakistan (Extraordinary) for information of all concerned as under:-

Code of Conduct for Judges of the Supreme Court and High Courts (Framed by the Supreme Judicial Council under Article 128 (4) of the 1962 Constitution as amended upto date under Article 209 (8) of the Constitution of Islamic Republic of Pakistan 1973).… Read More Supreme Judicial Council of Pakistan-Code of Conduct