Anonymous
24 April 2011 at 16:29
Dear Experts can victim of violent crime like murder kidnaping, rape etc. demand monetary compensation from State and penalty be imposed on State?
As per my understanding it is not possible because Right to Life under Article 21 is a negative obligation of State. Also citizens have Right to Self Defense under Article 21 which they can excersise to safeguard their Right to Life.
Moreover our Part III of Constitution has been lifted from US Bill of Rights. US Supreme Cout in DeShaney vs Winnebago County, 1989 has said "the Constitution does not impose a duty on state and local governments to protect the citizens from criminal harm"
Is my understanding correct or incorrect from the point of view of law?
Anonymous
24 April 2011 at 10:57
please explain difference between writ petition and appeal to high court in the following subject-
wife granted ex party interim relief in d.v. act.
all allegations are false as happen in max cases
max in laws are booked in both alleagation ie.498a and d.v.
all relatives of husband compelled to attend court matter from 500 k.m. away
wife siting at her town court spents only rs. 10 and husband side losses money more thatn rs. 3000/- for each date.
advice please to any legal action against wife and appeal or writ petitions difference .
Anonymous
22 April 2011 at 20:52
Marutiudyog ltd vs. Ramlal (2005) 2 SC 638.
&
In CIT vs. B.R. Constructions (1999) 202 ITR 222 (AP) CFB.
&
SC in South India Corp Ltd vs. Secretary Borad of Revenue.
Required the whole case in detail pls any one provide me. It is not there in indiankoon.com so pls do the needful
The citation gives the non - obstante clause interpretation by the SC in depth.
Thanks.
Anoop Koneeri
21 April 2011 at 19:02
how far the comptroller and auditor general of India succeeded in its role of ensuring good governance and curbing corruption in administration?
Lt COL R S shekhawat
21 April 2011 at 09:47
statement of case for ;-
Grant of Ex-Service men status and ensuing benefits to Honorably Retired \released\Discharged officers of TERRITORIAL ARMY alike Non pensioner SSCO & ECO
The Member of the Territorial Army being integral part of INDIAN ARMY are subject to INDIAN ARMY ACT 1950 governed by - DEFENSE SERVICE REGULATION, Regulations for the ARMY, PENSION REGULATIONS 1961 .
Officers in the TERRITORIAL ARMY are holding commission ,granted by the president of INDIA with designation of Rank corresponding to those of Indian commissioned officers of the regular Army , Granted Gratuity on their honorable retirement\ Discharge\Release after 05 years of aggregate embodied service / or 10 years of commissioned service alike Non pensioner SSCO\ECO
Yet are not granted EXSERVICEMAN status
ON CONTRARY
Non pensioner Short Service Commissioned Officers .
are treated as Ex-servicemen, on their discharge with Gratuity after 05 year commissioned service. inclusive of their pre-commissioning training period as CADET.
Honorably retired officers of TERRITORIAL ARMY are awarded Gratuity at par with All retiree of Indian Army which constitute one class. It is not LEGAL to single out certain persons of the same class for differential treatment. Denial of Ex-Service men status and ensuing benefits has created a class within a class amongst ALL honorably retired officers without rational basis and, therefore, becomes arbitrary and discriminatory.
judiciously commissioned Officers cashiered\ court marshaled \ discharged dishonorably on disciplinary grounds from Indian Armed forces are denied of Ex-Service men status and ensuing benefits
as per ARMY pension regulation Part-I 1961;- Gratuity is an kind of pension However, honorably released with Gratuity from TERRITORIAL ARMY are excluded from consideration as Ex-servicemen without any valued reason
Existing definition, laid down by the Department of Personnel & Training(DOP&T), Ministry of Personnel, Public Grievances & Pensions, which has been in vogue since 01 Jul1987,
Ex-servicemen;-
;-Who has served in any rank whether as a combatant or non- combatant in the regular Army, Navy or Air Force of the Indian Union but does not include a person who has served in the Defense Security Corps (DSC), the General Reserve Engineering Force (GREF), the Lok Sahayak Sena and the Para Military Forces
-The personnel of Territorial Army (TA) who are pension holders for continuous embodied service, persons with disability attributable to military service and gallantry award winners released on or after 15 Nov 1986 are eligible to status of ex-servicemen.
Pension & Gallantry award ;- are the compulsory criteria - for the personnel of Territorial Army to attain the status of Ex serviceman which can neither be assured Nor Guaranteed & seems practicably unfeasible abiding the Role\ service concept of Territorial ARMY
Denial of EXSERVICEMAN status to Honorably RETIRED (with gratuity ) officers of Territorial army is an open affront to their Reckonable embodied service rendered for national defense,& is wholly arbitrary, discriminatory and violation of Article 14 of the Constitution.
services of Territorial army personnel in comparison to other Indian armed FORCES personnel is neither inferior nor services required by the Indian Armed Forces are superior to Territorial army
Indian Army is composed o those who have undertaken definite liability for military service, viz, combatant troops, administrative service/departments and enrolled non-combatants-The Army Comprises of-. The Regular Army; The Army Reserve
& The Territorial Army - Authority:-Defense service regulation
Definition of ex-servicemen:
Eligibility to the status of ex-servicemen of ex-Armed Forces personnel is governed by the definition of ex-servicemen issued by the Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions. The status of ex-servicemen of ex-Armed Forces personnel is decided based on the definition in vogue at the time of retirement/ release/discharge of the personnel.
The first definition of ex-servicemen had been notified by the DOP&T in 1966 and subsequently it was amended eight times.
Definition of EX serviceman As per the existing definition, laid down by the Department of Personnel & Training(DOP&T), Ministry of Personnel, Public Grievances & Pensions,
which has been in vogue since 01 Jul 1987, an ex-servicemen means a person:
;-Who has served in any rank whether as a combatant or non- combatant in the regular Army, Navy or Air Force of the Indian Union but does not include a person who has served in the Defense Security Corps (DSC), the General Reserve Engineering Force (GREF), the Lok Sahayak Sena and the Para Military Forces
services of Territorial army personnel when compared to other armed personnel is neither inferior nor services required by the Armed Forces are superior to Territorial army .
When this is the position, to deny the status of EXSERVICEMAN to Honorably RETIRED Defense personnel’s of territorial army is wholly arbitrary, discriminatory and violation of Article 14 of the Constitution.
" Territorial army is an integral part of Armed Forces", for the purpose of Article 33 of the Constitution of India.
But the discrimination in grant of Ex Serviceman status
Therefore, this is submitted before you with a sole aim to bring the most genuine grievances of Honorably Retired \Released\Discharged NON pensioners\Gratuity holders of TERRITORIAL ARMY with in the purview of EXSERVICEMAN status at par with SSCO.
Anonymous
20 April 2011 at 18:45
1) De Facto means In Fact In LAW
2) De Facto means A de-facto guardian is a person who takes continuous interest in the welfare of the minor’s person or in the management and administration of his property without any authority of law.
So what is the actuall meaning of De Facto. Pls Clarify it.
3) Letters Patent Appeal arises when an order of a single judge of a HC is appealed in a larger court of two judges of the same HC.I Agree but LPA is overriden by CPC or it is settle applicabe In an HC. (Specially in Bombay High Court).
Thanks.
M. PIRAVI PERUMAL
20 April 2011 at 17:59
Is it legally right to include members of civil society other than elected Members of Parliament in the committee to draft Lokpal Bill ? Requests the legal position and the opinion of the learned LCI members in this regard.
Anonymous
20 April 2011 at 17:51
Marutiudyog ltd vs. Ramlal (2005) 2 SC 638.
&
In CIT vs. B.R. Constructions (1999) 202 ITR 222 (AP) CFB.
&
SC in South India Corp Ltd vs. Secretary Borad of Revenue.
Required the whole case in detail pls any one provide me. It is not there in indiankoon.com so pls do the needful
The citation gives the non - obstante clause interpretation by the SC in depth.
Also as i am a student of law compeleted just 2 months of LLB i would like to know that which journal can i purchase yearly & form where in State of maharashtra as i am wholly interrested in the civil cases & After LLB planning to do LLM in civil law . ANy book which gives more info of LAW & Act.
Thanks.
Anonymous
18 April 2011 at 23:53
Ld Counsels,
In a writ petition the respondent has omitted to file a material record (document) to substantiate an averment made in the counter affidavit.
Respondents claim was rejected without considering that particular averment and hence the writ was allowed. Respondent filed a writ appeal by magnifying the averment with more clarity and also filed all supporting documents on the ground that the signle judge erred in law and in facts. WA was dimissed on admission itself.
Is it possible to file a SLP before SC agaisnt the order of Writ appeal. Will there be any impact due to omission to file all the documents in writ petition itself while the SLP is against the order in Writ appeal in which there is no omission.
Please clarify. Thanks
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
removal of intangible assets from India
I have an Indian-born client who is a USA citizen. The couple has assets in India and I have several questions regarding the disposition of these assets. They have a trust set up in the US and I want to know whether the plan of disposition outlined in their trusts would be applicable to property In India. What would be the process in India for the transfer of ownership of the assets at the death of a relative to my clients? What process in India for the transfer of ownership of my clients assets at their deaths? Is there any restriction on the removal of intangible assets from India if received as an inheritance?