Anonymous
12 June 2011 at 17:49
Elaborate the views also with the case laws.
32. Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
Question: Article 32 (4) this article shall not be suspended except as otherwise provided for by this constitution. So under our Indian constitution can we suspended the article 32 during the whether emergency or the whole.
Artilce 32 (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
So whether Artilce 32 it is a fundamental right as per Indian constitution Part – III?
Thanks To All LD Members.
Rajesh Tandon
12 June 2011 at 17:21
1.The Government of Madhya Pradesh has started project UDAY( Urban water supply and environmental improvement project) which is to be implemented in four cities of MP , namely Bhopal, Indore, Gwalior & Jabalpur, under which multi-million aid has been provided by Asian development bank and UN Habitat.
2. However, there are serious pitfalls in the implementation of the project and monitoring. A number of roads have been dug up, left unattended thereafter and in some cases haphazardly covered up in a hurry. Probably this was done to lay the sewerage line.
3. In addition, there are certain road stretches in city of Jabalpur which don’t fall under perview of Project UDAY, where in roads have been constructed, reconstructed/repaired every year, a number of times by the contractors, employed by PWD /municipal Corporation . However, despite that, there is no semblance of the road.
4. I can exercise the option of approaching High Court where in the Jurisdiction of High court under Article 226 of Constitution of India can be invoked when it is found that Public officials / public authorities/ Govts are not doing their duties,or acting illegally in discharge of their duties and also filing of complaint against public authorities under section 80 of civil procedure code(CPC)1908.
5. But before approaching the High Court, I want to exercise the option of writing to chief justice of the High Court.
6. Therefore, kindly provide me with references of certain judgements given by Supreme Court/High Court in the matters of public interest where the Supreme Court/High Court have intervened (on their own/or by bringing to their notice the issues of public concern by somebody as a friend of the court,( NOT BY PIL, invoking the provisions of amicus curie) on the behalf of the general public and courts have taken up suo moto cognizance of dereliction of duty by various public officials and have pulled up such erring officials. SUCH JUDGEMENTS WHERE ATTEMPTS OF COURT HAVE FINALLY SUCCEEDED IN MAKING PUBLIC AUTHORITIES. If possible, when providing their preferences certain judgements, please provide the appropriate link to study these judgements. kindly provide referances / example where people have reached court on such matters.
7. If, by bringing a issue to the notice of chief justice of High Court/Supreme Court on a plane letter and and if at all the courts can take a cognizance of the same, it may serve as a bonus for a citizen otherwise one may exercise the option as mentioned in para 3 above. After all, why should a citizen waste money in litigation over and above paying the taxes and taxpayers money gets wasted by the public authorities, not delivering the results on the ground.
8. I want to cite/ mention referances of these Judgements while writing to court to draw its attention to such judgements.
Anonymous
11 June 2011 at 17:42
The natural justice demands that parallel proceedings cannot be allowed in different Courts or in same courts.
Where it has been said that the abovementioned any judicial precedent is available then pls forward it to me.
PAVAN KUMAR AKA
10 June 2011 at 21:09
In Andhra Pradesh, the APPs are permitted to appear for Civil Judge (Jr Division) by transfer as a right of employee. But the employees of Judiciary who are permitted to appear for Civil Judge (Jr Division) by transfer, are not permited to appear of APP examination, by way of the rules and regulations of the APP notifications. Now, the relief sought for is to permit the employees of judiciary who are eligible to appear for Jr.C.J. to the APP also. To get the amendment of rules and regulations and to get permission, what is the remedy available to us.
Is it by failing of a writ petition before High Court or before any Administrative Tribunal.
The guidance in this regard is not only useful to me, but also to the employees in large.
Please do need ful and we shall ever be thankful to those who extend their co-operation in this regard.
Anonymous
09 June 2011 at 10:59
I got my passport when I was separated from my husband for seven years and got my divorce 2 years after receiving the passport.But I hadn't mentioned my Ex- husband's name in spouse column.Now I have remarried and want to include my husband's name.How can it be done? Is it an issue that I hadn't mentioned my ex's name at the time of separation?
Another question is as I hadn't mentioned my Ex's name, I couldn't add my daughter's (8 years's old at the time of applying for passport).Now what should I do to make the correction? Please advise.
Anonymous
05 June 2011 at 23:06
My Mother had a will on a piece of paper in year 1995 and expired in the year 1996.
Can I get the effect of Will and consequently House Property in my name.
StudentOFLAw
05 June 2011 at 22:43
Is it essential to probate the Will to have its effect.
Is there any area the will made from that place is not necessary to get it probated for its effect.
peenaz mohsina
03 June 2011 at 23:39
i would like to know about the relationship between DPSP and fundamental duties.. is there any relationship between these two? if anyone have any information regarding this relationship then please kindly reply me.
Anonymous
03 June 2011 at 23:10
one person in our department was appointed in a reserve Catagary for OBC as a group B gazeted. However after 4 years Goverment Notified The said cast as ST.
Can the said person avail the further promotion on basis of ST Catagory?
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Mere Statment can be considered as evidence
Hi
Mere Statment can be considered as evidence ? ie statement by wife and her parent against husband in 498a has value or it has be backed by proof.