Rama mohan Acharya
19 May 2011 at 16:45
can a Public authority or PIO lodge a complaint against a information seeker on the ground that he is asking a lot of information which seems to be not in the larger public interst resulting in wastage of a lot of public money and time. Incidentally the information seeker is an employee of the same public autority. If yes kindly enlight with relevant provosion / citation.
Tarun Vohra
19 May 2011 at 14:52
Acts such as the Domestic violence Act were brought in to prevent exploitation/harassment of wives largely from dowry related violence. The aim was to protect women largely from lower/lower middle class households.
I'm not sure to what extent this has succeeded, but it has given rise to a rather disturbing trend in the middle/uppermiddle class of our society.
Women/wives ( especially in the metro cities) now have husbands at their complete mercy and are blatantlly misusing these rights to intimidate their spouses. They are flooding the courts with ficticious and trumped up charges to extort large amounts of money from their husbands .
This is not an exageration. I've spoken to a number of lawyers ( both men and women) and they almost uanimously confirm the same.
Amazingly, this Act contravenes the inherant principle which says that a person is innocent until proven guilty. This Law unfortunately works on the exact reverse- the husband is assumed to be guilty until proved innocent!! It gives the wife rights over the husband's entire family and they can even be imprisoned without charges being proven against them.
Also, this seems to be aimed at only at women in a particular age group ( of marriageable age). Mothers /ladies who are senior citizens are at the complete mercy of the wives whom these laws are supposed to protect !
I also think this violates constitutional rights under Sec 14 and 21.
I'd be grateful for your opinion and would also like to file a PIL in the Supreme Court challenging the legitimacy of this draconian law.
Anonymous
16 May 2011 at 12:04
Dear Sir,
I wish to knowif autonomous bodies such as India Trade Promotion Organisation (ITPO), Centre for Development of Advance Computing (CDAC), Society for Applied Microwave Electronic Engineering (SAMEER), NCERT, CSIR, Kendriya Vidhyalaya, etc set by various Ministry,under the control of Govt of India and who are enlised under Central Administrative Tribunal (CAT)jurisdiction comes under Article 311 (2)as Govt employees. If so are there any Supreme Court latests ruling declaring the employees of the above autonomous bodies are protected under Article 311 (2).
Kindly enlighten me on the above subject.
Regards
G.K.Pillai
Rama mohan Acharya
14 May 2011 at 16:12
On completion of a contract, the contractor had invoked the arbitration clause. accordingly the arbitrator had been appointed by tthe competant autority. The contractor attended few proceedingd. Duribg the last proceeding, the arbitrator suggested for conciliation among parties. The process took some time. Now the contractor is not attending the arbitral proceeding in the pretext that he had filed an application under section 11(6) of the Act for appointment of new arbitraor. can he do so. What shall the arbitrator do now? since last 5 proceeding the copntracto is not attending the proceedings.
kindly advise.
PARTHA SARKAR
13 May 2011 at 23:58
I want to file a writ of quo-warranto at Calcutta High Court to expose abject abuse of constitutional provision regarding issuance of fraudulent caste certificate and subsequently secured jobs , WB STATE Govt. under reserved category by a general category person. How can I avoid locus-standi problems to file writ of quo-warranto at Calcutta High Court? I am having prima-facia evidence collected through RTI.
Regards
Partha Sarkar
sarkar.partha@rediffmail.com
+919038506359/9681353300
Anonymous
13 May 2011 at 23:57
I want to file a writ of quo-warranto at Calcutta High Court to expose abject abuse of constitutional provision regarding issuance of fraudulent caste certificate and subsequently secured jobs , WB STATE Govt. under reserved category by a general category person. How can I avoid locus-standi problems to file writ of quo-warranto at Calcutta High Court? I am having prima-facia evidence collected through RTI.
Regards
Partha Sarkar
sarkar.partha@rediffmail.com
+919038506359/9681353300
Bhawani Mahapatra
13 May 2011 at 17:24
Can a chairperson, who is an elected member, of an urban local body(namely Municipality)issue notice(s)/correspond for enforcement of law/statute/order to a private company/individual?
If so, under what provisions of law ? If not, how can we challenge his authority
tarun
13 May 2011 at 16:19
respected members,
on my complaint a case us 148/149/323/452/506 was registered against accused persons, but on the same day accused persons inflicted some injuries on their body with friendly hands and got showed a fracture on the left hand index finder, got medically examined and a false cross case registered against us u/s 148/149/323/325/506, after about one month of the incidence (DDR was recorded on the complaint of accused persons on the next day of incident but false cross case was registered after about one month), POLICE AND ADDITIONAL S.P IS HELPING THE ACCUSED PERSONS, i on the next day of incident write, s.p of city and C.M.O of civil hospital that injuries are self inflicted, and once again after 15 days demanded for medical board examinations of accused persons, and after 5 months again demanded medical board and forensic expert medical examination of accused persons that injuries are self inflicted, but no action has been taken by S.P, CMO, DGP, IG etc on my application for appointment of medical board and forensic expert. now challan is yet to be presented against both of us parties in the court of JMIC, can i give an application before JMIC, before filing of challan by police for appointment of medical board ???? Can JMIC, give Directions to police before filing Challan for appointment of Medical board ??? is JMIC is competent to order for appointment of medical board for the examinations of accused persons to know that injuries are self inflicted with friendly hands or not ?????? plz guide, challan of police is yet to be presented
Anonymous
13 May 2011 at 13:31
This query arose after reading the following thread http://www.lawyersclubindia.com/forum/Value-of-anonymity-in-true-democracy-36790.asp
It talks about 1995 U.S. Supreme Court ruling in McIntyre v. Ohio Elections Commission.
My question is do we have similar rulings from our Supreme Court protecting anonymous free speech and expression?
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Appeal against order of High court bench
A writ was filed by an Ex- employee regarding some service matter before High Court, Allhabad. The Writ was decided in his favour by a bench comprising of two judges. Management desire to file appeal against the order in the High Court. Is it permissible to file an appeal against the order of the bench in the same high court? if yes, under which provision. Kindly enlight.