LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rizwanshaikh   05 September 2015 at 09:32

Can a member self declare him self as secretary or chairman of chs ltd while earlier resign due to

Respects Sir,
Good morning i am owner of a flat at mira rd e , having 64 flats , A elder member of our society aged 65 ys to 70 yrs , 3 yrs back he self declared that due to physical / health condition which is not well & supporting to do activity of society that time he was as a secretary of the society.Again as soon new committee is going to form , he shows his strong interest to be a chair man or secretary , one more thing i want to bring in your notice he is always in hyper tension , he also realize that he is victim of hyper tension , can he contast for post of secretary / chairman plz reply.
with regds
Riz .

Hemal   05 September 2015 at 05:22

Statute of limitations on a debt

Hi, i read few of questions and answers on the same subject, however i wanted to know if there's any specific statute limitation set which will put stop to the negative reporting on CIBIL apart from what on this website that we shouldn't get into any payment arrangements.
Hemal

Badruddin khan   04 September 2015 at 23:05

claim case

Respected Sir, I m an advocate i want to know that on demise of a labour in accident, how much the court will asses monthly income of the decesed person whareas his monthly income is not certain. Kindly slove my query.

sushant   04 September 2015 at 15:45

Supreme court resolution 1997

Please provide the copy of Resolution 1997 of Supreme Court

Dinesh Maingi   04 September 2015 at 11:04

Police does not register FIR in theft case

Please advise course of action

RAJNEESH   04 September 2015 at 04:56

Service matter

i JOINED AS A LECTURER IN A GOVERNMENT ENGINEERING COLLEGE IN 2007 IN DELHI UNDER DTTE AFTER BEING SELECTED BY UPSC. MINIMUM QUALIFICATION FOR APPLYING WAS BTEC.BEFORE JOINING I WAS ALSO PURSUING MTECH THROUGH DISTANCE LEARNING. THE SAME WAS NOT MENTIONED WHEN I APPLIED TO UPSC AS I HAD NOT COMPLETED THE COURSE WHEN I APPEARED FOR UPSC INTERVIEW. AT THE TIME OF JOINING COLLEGE THOUGH MY COURSE WAS COMPLETE BUT RESULT WAS AWAITED SO I DIDNOT INFORM THE COLLEGE. nOW I WANT TO AVAIL INCREMENT FOR HIGHER QUALIFICATION BUT MY QUALIFICATION IS NOT THERE IN MY SERVICE RECORDS . WHAT SHOULD I DO?

sushant   03 September 2015 at 23:24

Moot preposition

Need Help on following case preposition


Disclaimer: All the names used and events described in this proposition are fictitious. Resemblance of any kind and magnitude to any name, person, organization or event whatsoever is purely co-incidental. This is a fictitious problem/case with the under-given fact matrix. The counsels are expected to operate within the four walls of the facts and issues raised herein.

Facts of the case are as follows:
Republic of Domalia is in its nascent stage, as it got independence from the Mandica on 15th September, 2003. Domalia was a colony for about 150 years and after getting independence it has become a country, which is wedded to core values of democracy, free and fair elections, transparency, accountability and freedom of religion. Republic of Domalia has its independent and autonomous Election Commission. Its Judiciary is also given the right to act independent of executive and given the power of judicial review. Domalia is a Union of States.
The following developments took place in the republic of Domalia, which resulted into a Special Leave Petition in the Supreme Court of Domalia:
1. That Parliament of Domalia enacted the Right to Information Act, 2005 (for brevity sake hereinafter referred to as RTI, Act), where every citizen was provided the right to seek information from various institutions/instrumentalities of the State of Domalia.
2. That all the three organs of the State were obligated to provide information to the citizens, if asked under application under RTI, Act.
3. That the purpose of the RTI, Act was to bring transparency and accountability in the functioning of the State apparatus.
4. That in Section 2(h) of RTI, Act the word PUBLIC AUTHORITY is defined. The Public authorities are bodies, which are obligated to provide information to the citizens. These public authorities were mandated to appoint Public Information Officers (in short PIOs) to give the information.
5. That on 1st July, 2007, Mr. Virendra Madan, Director of Public Interest Litigation Foundation, an NGO registered under the Societies Registration Act, filed an RTI application in the registry of the Supreme Court of Domalia requesting the information from the Apex Court about how many judges of the Supreme Court have submitted the details of financial assets required under the Supreme Court Resolution of 1997.
6. That the Supreme Court Resolution mandated the judges of the apex court to submit their details of the financial assets to the Chief Justice of Domalia.
7. That on 20th July, 2007, the PIO of the Supreme Court rejected the RTI application citing that Supreme Court of Domalia is not public authority under Section 2(h) of RTI, Act.
8. That Mr. Madan filed the first appeal with the First Appellate Authority in the Supreme Court. The First Appellate Authority also rejected the appeal citing the same reasons as given by the PIO.
9. That Mr. Madan approached the Central Information Commission (in short CIC) constituted under Section 12 of the RTI, Act in the second appeal provided under Section 19 of the Act on 10th August, 2007.
10. That the CIC issued notice to registry of the Supreme Court of Domalia on 18th August, 2007. The matter was heard for almost two months by the full bench of the Central Information Commission.
11. That on 30th September, 2007, the CIC decided that Supreme Court is covered under Section 2(h) of RTI, Act and it is a public authority and hence under obligation to answer the information requested by the applicant.
12. That the Registrar of Supreme Court, went to High Court of Capeh, one of the provinces of the Republic of Domalia, on 15th November, 2007 against the decision of CIC.
13. That the Supreme Court of Domalia through its Registrar pleaded in the court that office of the Chief Justice is not covered by RTI, Act and hence Chief Justice of Domalia is not obliged under the Act to disclose the requested information.
14. That the Supreme Court through its Registrar also pleaded in the High Court that Chief Justice of Domalia deals with many sensitive and secret communications from its judges, which need not be disclosed under the Act.
15. That the Supreme Court through its registrar also contended that Central Information Commission is not authorized to issue any direction as it is the interference in the exercise of its judicial powers. The Constitution of Domalia has insulated judiciary from the directions/pressures of administrative and quasi-judicial bodies and hence the decision of the CIC is beyond its jurisdiction.
16. That the High Court through its Division Bench upheld the contention of the CIC and the RTI applicant that Supreme Court is a public authority and rejected the arguments of the registrar of the Supreme Court on 20th October 2015.
17. That the Registrar of the Supreme Court filed Special Leave Petition in the Supreme Court assailing the decision of the High Court of Capeh on 16 January, 2016.
18. The Supreme Court of Domalia issued notice to Central Information Commission, Mr. Virendra Madan and Government of Domalia.
Note: The Constitution and other laws of Union of Domalia are same as those of Union of India.
Taking into account various aspects of the case matrix, arguments are to be put forward from the side of both the Petitioner and the Respondents. The arguments can be made on creative lines. Pleas in addition to those set out above will be appreciated.

sushant   03 September 2015 at 23:09

Decision making authority

Does Central Information Comission Formed under Sec 12 of Rti act has the authority to pass judgement against Registrar of Supreme Court

debraj mukherjee   03 September 2015 at 20:38

Motor accident claim case

Is a pillion rider in two wheeler eligible to get convention even though he does not wear helmet in west Bengal ??
In the case , The rider had helmet when the accused vehicle hit the bike. the rider died and the pillion rider had severe injuries. it is proved that the accident has occured due to the negligence of accused vehicle. thanks in advance..

Sajjan Kumar   03 September 2015 at 18:54

Chit Guarantor

Hi this question is regarding Chit Finance. Suppose Mr. 'A' is Guarantor and Introducer of Four persons to the chit company, and three of them fails to pay the premiums permanently. Can the Chit agent refuse to pay chit amount to the fourth person to recover the amount of the first three persons since the guarantor is same for all.

Kindly provide your views.