Kailash Bhanushali
01 June 2012 at 11:29
What can one do if he is falsely arrested under section 151.can he complaint against the police officer.My freind was arrested on 30 may 2012 about 22.15 and charged section 151 and falsely charged by the section.Where shud he complaint if he was not eligible under such section.
SRIPRAKASH BHATTACHARYA
31 May 2012 at 14:19
16.09.2009
RE-POSTED AGAIN ON 31.05.2012
DEAR SIRS,
OURS IS LARGE CO-OPERATIVE HOUSING SOCIETY HAVING 264 MEMBERS. WE ARE COVERED BY THE WBCS ACT, 1983(NOW 2006) AND WBCS RULES, 1987(NOW 2011). EVERY THREE (NOW FIVE YEARS) WE HAVE A NEW BOARD COMPRISING OF SIX DIRECTORS AND DEMOCRATICALLY ELECTED BY GENERAL MEMBERS. THE LAST ELECTION OF DIRECTORS WAS HELD ON 13.07.2008 (LATEST ON 14.11.2011)
DURING CONDUCTION OF THE AGM HELD ON 06.09.2009 (WITH PERMISSION OF DRCS) THE PERSONS WHO LOST THE LAST ELECTION IN 2008 ALONGWITH SOME OTHER MEMBERS DID NOT ALLOW THE SECRETARY TO READ OUT THE SECRETARY'S REPORT AND SAID THAT THEY WILL NOT CONSIDER AND ALLOW TO GET APPROVED THE BUDGET. AS OUR BUILDING (14 NOS.) ARE NEARING 16 YEARS OLD AND SINCE GETTING ENTRY, NO MAJOR REPIR HAS EVER BEEN CARRIED OUT, SO THE THEN BORAD KEPT A PROPOSAL FOR MAJOR REPAIRING AND ALSO INCLUDED THE PROPOSED COST OF REPAIR IN THE BUDGET TO BE CONSIDERED AND APPROVED BY GENERAL MEMBERS.
THOUGH IN THE WBCS ACTS, 1983 IT IS SAID THAT 'IN CASE THE BOARD FAILS TO PREPARE AND PRESENT THE ANNUAL BUDGET IN THE AGM THEN THE GENERAL MEMBER TEHMSELVES WILL PREPARE A BUDGET AND APPROVE IT.
UNFORTUNATELEY NOWHERE IT IS WRITTEN IN THE ACTS AND RULES INSTEAD IT IS SILENT ON THE MATTER THAT 'WHAT WILL AHPPEN IF IN CASE A BUDGET (WHICH INCLUDES PROPOSED YEARLY EXPENDITURES AS WELL COST OF PROPOSED EXPENDITURES FOR MAJOR REPAIR )PREPARED BY THE BOARD IS NOT CONSIDERED AND APPROVED BY THE MAJORITY'?
THE YEARLY PROPOSED BUDGET IS MORE OR LESS SAME OF LAST YEAR, DULY APPROVED IN THE LAST AGM.
KINDLY LET ME KNOW WHAT TO BE DONE IF IN CASE THE BUDGET IS NOT APPROIVED. REQUEST ALSO IF THERE ARE ANY CASE LAWS ON SUCH ISSUE.
SHALL BE GRATEFUL IF ANY ONE CAN GIVE A CLEAR REPLY AND WITHOUT ANY AMBIGUITY AND DUAL MEANING.
SHALL BE GRATEFUL FOR AN EARLY REPLY.
Sriprakash Bhattacharya, KOLKATA
bhattacharyasriprakash@gmail.com
Mobile: 91+9836310615
Raju
30 May 2012 at 02:56
I have come to know that as per the supreme court of india even the private agencies and bodies working as an instrument of the state will be defined as STATE only and can be challenged for fundamental rights violation.
Please enlighten is this means that private organisations profitable or non-profitable registered under the state with kind of different instruments can also be challenged for FR violation? , if they are indulged in any practice even if it is their personal internal body or agencies law? , and are factories and companies also come in the ambit of this state definition as per article 12?
venkatesh Rao
28 May 2012 at 21:59
I have got an interesting issue.
I had applied to the PSC for the post of assistant against vacancy in various departments. I had shown priority to a particular department. I belong to OBC. I was selected under unreserved category. There was no vacancy against general merit quota, but there were vacancies in OBC. I was not allotted to that department as I was not selected under OBC. I approached Tribunal which allowed my application and I was permitted to migrate to my OBC quota.
The verdict squqrely apply to my friends case. He made a representation to PSC to apply the ratio of my judgment to his case. The PSC endorsed that since the judgment expressly stated that the ruling therein applies to the case on hand and future cases and the cases decided already need not be reopened.
Now my question is:
1. Can a High court or Tribunal ever direct that the ratio of its judgment shall not be applied to other cases?
I have come across a decision rendered by the High court of Karnataka in 1987 or 1988, that every one who is similarly situated person need not rush to the court of law and the fruits of the verdict shall be applied to all similarly situated persons. Unfortunately I could not lay my hands.
Will anybody help me. My lawyer says, there is no limitation for approaching the tribunal.
Ranganath
27 May 2012 at 14:27
Ld Counsels,
My application to amend pleading in my divorce petition and application to sub-poena documents where not considered and kept on hold, for more than six month by family court.
Can I file a common CRP to get direction to dispose of both the applications or do I nee dto file seperate CRPs each for each interim applications.
Thanks.
amitoj
25 May 2012 at 17:03
What is Broadcasting Authority Of India? Any Information Regarding it
Rajesh Kumar Garg
24 May 2012 at 12:45
HON'BLES= IF AN ADVOCATE (ADVOCATE AND GENERAL POWER OF ATTORNY OF HIS WIFE) FILES A SUIT BY PREPARING HIMSELF FAKE DOCUMENTS AND DECEIT THE COURT-1.WHAT SAYS THE CONSTITUTIONAL LAW OF INDIA ?,2.WHAT TYPE OF ACTION MAY BE AGAINST HIM ?
bhima balla
22 May 2012 at 20:44
Dear experts, How can we file mandamus writ?kindly let me know the entire process and it's effects. Can one file mandamus writ in high court to speed up trial in a criminal case in the trial court? What if the trial procedure is still delayed violating the orders of the mandamus writ? What recourse does one have? Thanks!
bhima balla
22 May 2012 at 19:28
Dear experts .can you please explain different mandamus writs available in INdia?
Is preemptory mandamus writ valid?
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Article 20(3) & art 21
Is protection under article - 20, is applicable in both cases (criminal or civil),
and can court compel any body to give evidence, if no then whats the matter in N.D.TIVARI case. i don't understand? plz help me.