This presentation discusses various amendments made in 2015 in the Arbitration and Conciliation Act of 1996.
It is of great use for Law students, Lawyers, Teachers and persons who are appearing for interview as Law Officer especially in Public Sector.
This presentation discusses various amendments made in 2015 in the Arbitration and Conciliation Act of 1996.
It is of great use for Law students, Lawyers, Teachers and persons who are appearing for interview as Law Officer especially in Public Sector.
Jail
3. A central excise officer can arrest, under section 13 of the Central Excise Act, any person who he has reason to believe to be liable to punishment under the Act. Similarly, a customs officer can arrest, under section 104 of the Customs Act, any person who he has reason to believe is liable to punishment under specified sections of the Act. It is noteworthy here that the arrest is made on the basis of the officer’s perception, and the determination of whether the person really is liable to punishment will be made by a court of
law, much later. The department will urge the court that the person is liable to punishment, the person will contend that he is not liable to punishment, and the court will decide. However, the citizen is deprived of his liberty and subjected to ignominy much prior to determination of guilt or innocence. He thus stands “pre-punished”
Maatouks Law Group is home to leading criminal defense lawyers with expertise in all aspects of Criminal Law. Depending on your instructions and the case against you, we may seek to have the charges against you withdrawn or downgraded, defend the charges at hearing or trial, or obtain the most lenient penalty available if you instruct us to plead guilty.
Parties involved in construction disputes must be careful instructing third parties for written and oral advocacy before tribunals. In order that the decision isn’t set aside for fraud the consultant or consultancy should be a reputable one regulated by an industry professional body such as the RICS or CICES or is a unlicensed barrister that is regulated by the BSB and Inns of Court. By using a reputable party to represent them they will get the best value and hopefully an enforceable decision that will not be overturned due to unethical conduct.
Jail
3. A central excise officer can arrest, under section 13 of the Central Excise Act, any person who he has reason to believe to be liable to punishment under the Act. Similarly, a customs officer can arrest, under section 104 of the Customs Act, any person who he has reason to believe is liable to punishment under specified sections of the Act. It is noteworthy here that the arrest is made on the basis of the officer’s perception, and the determination of whether the person really is liable to punishment will be made by a court of
law, much later. The department will urge the court that the person is liable to punishment, the person will contend that he is not liable to punishment, and the court will decide. However, the citizen is deprived of his liberty and subjected to ignominy much prior to determination of guilt or innocence. He thus stands “pre-punished”
Maatouks Law Group is home to leading criminal defense lawyers with expertise in all aspects of Criminal Law. Depending on your instructions and the case against you, we may seek to have the charges against you withdrawn or downgraded, defend the charges at hearing or trial, or obtain the most lenient penalty available if you instruct us to plead guilty.
Parties involved in construction disputes must be careful instructing third parties for written and oral advocacy before tribunals. In order that the decision isn’t set aside for fraud the consultant or consultancy should be a reputable one regulated by an industry professional body such as the RICS or CICES or is a unlicensed barrister that is regulated by the BSB and Inns of Court. By using a reputable party to represent them they will get the best value and hopefully an enforceable decision that will not be overturned due to unethical conduct.
Nearly 50 years in the furniture industry: this is the solid foundation on which we build our kitchens and choose
the furnishings of the best brands. To it add craftsmanship and industrial innovation, to create an environment
that matches the nature and desires of people who will live there
Ito ay isang handout o learner's module na katatagpuan ng aralin o paksa tungkol sa relihiyong Theravada Buddhism. Dito din matatagpuan ang mga iba't-ibang paniniwala ng relihiyong Theravada Buddhism
Hootsuite is one of many tools referred to as a “Social Media Management System” or tool.
Read More Here: http://topanalyticalvirtualassistantforbusiness.com/hootsuite-tutorial/
(The Secret Weapon Tutorial Part 1) Email + Evernote + GTD: A no BS approach ...William Marco Locañas
The Secret Weapon is a free organizational methodology for both professional and personal aspects of life that re-organizes emails, ideas, and every to-do big and small into one system that stays synchronized across a person’s computer as well as their smart phones.
Read More: http://topanalyticalvirtualassistantforbusiness.com/email-evernote-gtd-a-no-bs-approach-to-personal-productivity/
Distinguish Qualities of a Securities Appellate Tribunal LawyersFinlaw Associates
Securities Appellate Tribunal was specifically appointed to attend an inducement against the order handed by the SEBI (Securities and Exchange Board of India) or by an adjudging officer under the SEBI Act.
In the uploaded Document, we have shared the some step & process to make a claims against medical negligence for those victims, who have suffered harm due to medical negligence. Look at the Doc for more.
Cheque Dishonoured - Legal Tips On Your Cheque BounceLegal Kart
Cheque Bounce is something that all of us would have faced in our lives. Hence, here we will discuss the legal provisions dealing with issues of cheque bounce.
Sharon Daly, head of the Commercial Litigation Insurance team at Matheson, wrote the Ireland chapter for Getting The Deal Through: Litigation Funding 2017.
April 22, 2010 slideshow prepared by Sandra Gottlieb, Esq. and Tracy R. Neal, Esq. of Association Lien Services regarding collecting delinquent assessments for homeowner associations in California.
A car accident lawsuit is a long and complicated process. View our slide presentation to learn about the different steps in the process and what you can expect as you pursue compensation for your injuries.
Cheque bounce is a cognizable offence in India under Section 138 of Negotiable Instrument Act, 1881, and can attract a penalty and/or imprisonment of upto 2 years. Get Legal Advice On Cheque Bounce
Obtaining a court judgment or arbitral award is only the initial step in realizing compensation from the judicial process. In truth, the judgment or award is worthless if you cannot achieve the ultimate goal, which is to actually have the balance credited to your bank account. Whether or not the court judgment or arbitral award can be enforced will determine the real winner of the lawsuit.
Please download our presentation file for your understanding on:
• Difficulties of enforcement of judgments and awards in Vietnam;
• Negotiations and agreements regarding the scope of enforcement;
• Freezing and seizing of the debtor’s assets;
• Navigating the vague language in court judgments and arbitral awards and;
• Issues surrounding foreign court judgments and awards.
– Written by LE & TRAN | Vietnam’s Premier Boutique Litigation Firm
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Responsibilities of the office bearers while registering multi-state cooperat...
RECEIVED A SUMMONS- WHAT NOW?
1. Schwartz Attorneys Incorporated Email: info@schwartzattorneys.co.za Tel: 010 100 3481
ADDRESS: 231 RONDEBULT ROAD, FARRAR PARK, BOKSBURG, 1459
POSTAL ADDRESS: SUITE 71, PRIVATE BAG X3, ATLASVILLE, 1465
TELEPHONE: (010) 100 3481/2
FAX: 086 762 4118
EMAIL: info@schwartzattorneys.co.za
THE PROCEDURE ONCE YOU HAVE RECEIVED A SUMMONS
Natasha Schwartz (Schwartz Attorneys Incorporated) explains:
The reality in today’s times is that at some point you or your company might
find yourself tangled up in litigation over anything ranging from failure to
perform in terms of a contract; for money due and owing to a creditor; or
for a motor vehicle collision allegedly caused by your negligent conduct
or even the negligence of an employee.
The Law is a vast field and it is impossible to provide clarity on the substance of
each claim. We would like to assist by providing insight and understanding of the
procedure that is followed as this is prescribed by the Magistrate’s Court Act1
and the Rules
of Court2
.
Litigation can be unbelievably stressful for the litigants involved but we believe that if the procedure to be
followed is at least clear, this might assist in reducing the stress of the experience.
THE SUMMONS
That scary document that you received from the Sheriff of the Court is either termed a Simple Summons or
a Combined Summons. The differences between a Simple Summons and a Combined Summons are
summarised below:
SIMPLE SUMMONS COMBINED SUMMONS
Cause of Action (reason for the suit) is set
out on the face of the document and is
usually a very brief summary of what
transpired between the parties; what gave
rise to the claim; and the relief claimed by
the Plaintiff.
Cause of Action is set out on an Annexure
titled “Particulars of Claim” and the reasons
giving rise to the claim is set out in full detail
and the relief claimed by the Plaintiff.
Usually between 2-4 pages. Usually between 5- 8 pages.
Used when the cause of action is based on a
debt or liquidated amount and cannot be
used for any other cause of action3
.
Must be used when the claim and/or cause
of action is not based on a debt or liquidated
amount4
.
1
The Magistrates’ Court Act 32 of 1944
2
Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa;
3
Rule 5 of the Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa
4
Rule 5 of the Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa
2. Schwartz Attorneys Incorporated Email: info@schwartzattorneys.co.za Tel: 010 100 3481
Example: Services rendered and the invoice
for the services have not been paid to the
service provider or money lent and
advanced.
Example: Divorce; motor vehicle collisions
and breach of contract.
For purposes of this article we will look at a Combined Summons and the procedure to follow if you
have received a Combined Summons.
SO YOU HAVE RECEIVED A COMBINED SUMMONS- WHAT NOW?
The first thing that you must do is read the document and determine whether you dispute the claim, or
whether you agree with the claim and that you are liable to the Plaintiff for the relief sought.
It is important to make sure that the claim has not prescribed before consenting to Judgment or making a
payment. Most claims prescribe after 3 years from the date of the cause of action unless an
acknowledgement of debt or payment was made that broke prescription and caused the period of
prescription to run again. There are exceptions to this and such exceptions can be found in the Prescription
Act5
.
In the event of you receiving a Summon where the cause of action arises from the National Credit Act6
it is
a prerequisite that the Creditor send you a Section 1297
Notice before the Creditor can issue Summons
against you. A Section 129 Notice is a written notice where the Creditor informs you that you have
defaulted in terms of the Credit Agreement and that you may refer the credit agreement to a debt
counsellor, alternative dispute resolution agent, consumer court or the ombud with jurisdiction8
. In terms of
the Notice you are afforded an opportunity of responding thereto within 10 working days and should you fail
to pay the arrear amount within 20 working days then the Creditor may proceed with legal action.
a. I am liable to the Plaintiff for the relief sought
1. In the Summons you may complete the “Consent to Judgment”9
form in the Summons (usually page
4) and have two witnesses sign;
o Remember you will be liable for costs incurred by Plaintiff to date including Attorney Costs
which is usually set out in the Summons on a Cost Table;
o The Plaintiff will be entitled to Apply to the Court for Judgment against you (please refer to
the paragraph headed “Consequences of a Judgment);
o You will be liable for interest accrued to date of final payment;
o You must send the form to the Plaintiff and/or the Plaintiff’s Attorney and lodge the form at
the Clerk of the Court.
5
68 of 1969, a copy of which can be downloaded from free at the following website
http://www.saflii.org/za/legis/hist_act/pa68o1969190/pa68o1969a7a1992310.html
6
34 of 2005
7
Of the National Credit Act 34 of 2005
8
Section 129 of the National Credit Act 34 of 2005
9
Rule 11 of the Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa
3. Schwartz Attorneys Incorporated Email: info@schwartzattorneys.co.za Tel: 010 100 3481
2. The benefit of this is that costs and interest are usually kept to a minimum.
b. I am liable to the Plaintiff but not for the relief sought
1. Perhaps the Plaintiff has asked the Honourable Court to grant him/her/it R 50 000.00 but you
only owe the Plaintiff R 10 000.00.
2. You may follow one of the following options:
c. I am not liable to the Plaintiff for the relief sought
1. You must serve and file a Notice of Intention to Defend within 10 working days after receiving the
Summons
o There is a Notice of Intention to Defend form included in the Summons (usually page 4);
o You may draft your own Notice to Defend.
2. Ensure that the Plaintiff receives a copy and that they acknowledge receipt thereof and take a copy
together with the acknowledgement to the Clerk of the Court where the Summons was issued.
But I cannot afford to pay the full
amount at once?
Contact the Attorney or the Plaintiff and
try and make an arrangement with
them to pay the amount off over a
period of time in a set
amount/instalment.
Note: Interest and costs will continue to
be levied unless otherwise agreed.
I can pay but I don’t want a Judgment against my
name?
Contact the Attorney or the Plaintiff and make an
arrangement with them that you will pay the amount
agreed provided they do not obtain Judgment.
Do NOT complete the consent to Judgment form!
1. Complete the consent to
Judgment for the amount
you believe you owe the
Plaintiff; and
2. Serve and file your Notice
of Intention to Defend for
the balance
3. Should the Court find that
you are liable for any
balance, the Court may
order that you are
responsible for all costs
incurred by the Plaintiff.
1. Contact the Plaintiff or the
Plaintiff’s Attorney and
attempt to negotiate;
2. Serve and file your Notice
of Intention to Defend to
safeguard yourself against
a Judgment being entered
against your name until
negotiations have been
finalised.
1. Serve and file your Notice
of Intention to Defend
and Plea as to why you do
not owe the Plaintiff.
2. Should the Court find that
you are liable for any
amount owing to the
Plaintiff, the Court may
order that you are
responsible for all costs
incurred by the Plaintiff
and this option is not
recommended.
4. Schwartz Attorneys Incorporated Email: info@schwartzattorneys.co.za Tel: 010 100 3481
o Make yourself a copy and ask the Clerk to stamp your copy to confirm that it was received
by Court.
3. The litigation process has now begun and you are required to serve and file your Plea within 20
working days where you set out your defence to the claim.
CONSEQUENCES OF A JUDGMENT
If you (amongst other things):
1. Fail to deliver a Notice of Intention to Defend within the prescribed time; or
2. You consent to Judgment
The Plaintiff will ask the Honourable Court to grant Default Judgment10
against you. If granted it will reflect
on the Court file for a period of 30 years and will reflect on Transunion for a period of 5 years which will
affect any future requests for Credit.
The Plaintiff may also obtain a Warrant of Execution and attach your property to be sold in auction to settle
the claim or may apply to have part of your salary attached, meaning that you employer will pay an
instalment to the Plaintiff before making payment of your salary to you.
Interest will continue to run on the claim amount until the amount is settled in full as well as costs.
Please see the next page for the summary of the procedure.
10
Rule 12 of the Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa
5. Schwartz Attorneys Incorporated Email: info@schwartzattorneys.co.za Tel: 010 100 3481
SUMMARY
If you are unsure or have no legal experience then it is advisable to consult and appoint an Attorney to
assist you. Whilst a person can and is entitled to litigate without legal assistance it is not recommended. If
you cannot afford a private Attorney, approach the Law Society in your area or the Legal Aid Board to see if
you qualify for assistance alternatively a Law Clinic/Centre at one of the University’s.
Schwartz Attorney can guide or assist you in handling a summons received. Please visit our facebook page
@SchwartzAttorneys or contact us to make an appointment.
Tel: (010) 100 3481/2
Email: info@ schwartzattorneys.co.za
*Please note that this article is written for informative purposes only and should not be construed as constituting legal advice or being specific to any
situation or individual person. Whilst every effort has been taken to ensure the accuracy hereof it cannot be guaranteed due to the changing of laws and
policies. It is best to consult with a legally qualified professional who can provide you with advice specific to your set of circumstances. The writer hereof
will not be held liable for any damages arising as a result of this article.
RECEIVED SUMMONS
CLAIM PRESCRIBED
YES
DEFEND THE MATTER
AND DELIVER A
SPECIAL PLEA
EXPLAINING THAT THE
CLAIM HAS
PRESCRIBED
NO
AGREE WITH CLAIM
AGAINST YOU?
I AM LIABLE TO THE
PLAINTIFF
CONSENT TO PAY BY
CONSENTING TO
JUDGMENT
MAKE PAYMENT
ARRANGEMENTS
DO NOT WANT
JUDGMENT -
NEGOTIATE WITH
PLAINTIFF
I AM LIABLE BUT
DISAGREE ON THE
AMOUNT
COMPLETE CONSENT
FOR THE AMOUNT
YOU OWE
NEGOTIATE WITH
PLAINTIFF
DEFEND AND PLEA
I AM NOT LIABLE TO
PLANTIFF
SERVE NOTICE OF
INTENTION TO DEFEND