mayilsamy n
15 April 2011 at 22:04
" 49-O. Elector deciding not to vote.-If an elector, after his electoral roll number has been duly entered in the register of voters in Form-17A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 49L, decided not to record his vote, a remark to this effect shall be made against the said entry in Form 17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark. "
In the recently concluded state election i have decide to opt for 49-O, The funnest part was that the presiding office was searching for 49-O for about 10 minute (actually there is no such a form for 49(0)), It shows how the election commission has educated/trained the presiding officers.
My question is can i challenge this rule under art 14, 19 and 21 of constitution of India.
Point 1 - art.14, 19
Why is that i have disclose my choice to election staff and record in writing on a public record (that is register as per sec 17A maintained by a election commission) while those who vote are also making a choice, is maintained as secret or their choice remain unknown. why a person who is making an effort to get to the election / voting booth unlike other who totally restrain from voting and decide to reject all the candidate is been singled out or been treated differently. The rule is like you are forced to make a choice among the candidates or get your identity revealed, is it against art 19 also were the law indirectly compels / force you to make a choice.
can we challenge the sec 49(0) under article 14 - Right to equality, is it a justified classification, classification where one who rejects all candidate is treated differently compare to those who make a choice of a single candidate?
Point 2. art -21,
The worst part is that when i am excising 49(0), i will not be using the voting machine which can be noted by all the booth agent of the election candidate. can i challenge this under art 21 where my right to privacy is lost in this case.
Thanks in advance for the reply...
ishaniduggal
15 April 2011 at 16:57
can fundamental rights be amended??? is it even valid if it takes away any of teh fundamental rights...
ishaniduggal
15 April 2011 at 16:56
can preamble, the object of the Constitution be amended???
Anonymous
14 April 2011 at 20:16
Marutiudyog ltd vs. Ramlal (2005) 2 SC 638.
&
In CIT vs. B.R. Constructions (1999) 202 ITR 222 (AP) CFB.
&
SC in Ssouth India Corp Ltd vs. Secretary Borad of Revenue.
Required the hole case in detail pls any one provide me. it explain in depth of
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.
Anonymous
14 April 2011 at 19:51
the below matter has been said by the lawyer in our state to by client so i want to known the meaning of it & is there in our indian law system if yes than any case on it
In a Letter Or Notice if the above words are mentioned on the top of the Letter Or Notice.
"Without Prejudice OR With Prejudice Or
Privilege OR Privileged "
What it is the meaning of the Words if mention under the letter or notice.
I have heard that if any of this words are written under the letter or notice than it seems that it is not for the interpretation and also not for the legal evidence in the court.That the letter is not use for the evidence in the court & also cant interpreted it.
Also Pls Tell Me With Us Expert advice What do this words means & Can be Written Under any Stamp paper or affidavit.
"Without Prejudice OR With Prejudice Or
Privilege OR Privileged "
thanks.
Anonymous
14 April 2011 at 19:43
1) The juristic concept of contract consist of offer & acceptance . But what do u mean by juristic concept in any law what do u mean by juristic concept means in law.
2) Civil Procedure code, 1908 a LD member of my friend has said that
Order's of CPC built under the statue can be changed by HC or SC & Section can be changed by Legislature. It means the HC & SC has the right to challenge order's built under the statue on its dicretion powers & Legislature can during the session hours can challenge the any section of the civil procedure code, 1908
Note : Here Section & Order means ( Given under the statute CPC, 1908 or can be said given under the code)
Any case law on it if any pls or correct me. by provising the case laws on it. also opinion required.
Thanks.
Anonymous
14 April 2011 at 18:40
Does PIO card holder has Right to Information under RTI Act, so that he can apply to know the status of some long pending files concerning his own application like driving license application etc.?
As per my understanding he can since he is seeking information that is concerned to his files only.
Reason why I consider him eligible under RTI Act for his own application is that Freedom of Speech and Expression is also covered under Article 21 and law for enabling Article 19(1)(a) cannot be in contravention to Article 21.
Please correct me if I am wrong and give your views.
If he cannot use RTI act, inorder to know the status of his application, can he get the same application done by Indian citizen?
Anonymous
14 April 2011 at 10:42
X (Female) is appointed as teacher in Govt School on contract basis in Backward Class(BC) Certificate on Aug 2009. X was married with Y (Male) in Oct 2008. Y is Scheduled Caste(SC). X name was registered in Y Ration Card on May 2009. X prepare their BC certificate on Jul 2009 with his father old Ration card photostat in which the name of the X is lies. But actually in May 2009 X father struck out his name.
Y prepare the SC Certificate of X in Dec 2009 with his ration card in which name f the X is add in May 2009.
Now X has 2 certificates, one is BC on which X is appointed and second in SC.
Is the BC certificate of X is valid or not.
or
Is the SC certificate of X is valid or not.
Anonymous
13 April 2011 at 21:42
mean of review petition, petition & curative petition along with the difference.
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no body yet come to answer?
respt sir/madam,
1)recently in d.v. case for maint. filed by my wife the jmfc has ordered some amount as interim relief. against this i filed a stay appeal but on the contrary wife also filed to increase in interim relief with the same false repeated allegations against husband and in laws.
2)here d j cancelled the appeal of husband and upheld the appeal of wife with order double the interim relief passed by jmfc.
however in both the places the court didnt called for domestic incidence report.
3)now i have decided to appeal in the high court with following points please help valuable suggestions to larger public interest-
-a)prayer to high court to order the trial court to use the power of crpc 310 to visit the place to find out the truth.
-b)to order trial court to take the cognizance against the wife and her parents u/s 340 of crpc. as husband is willing to take the responsibility, to prove the false statement made by wife, by using the power of court to attend the place of husband residence as per sec 310 of crpc.
-c)to explain the meaning of interim relief into the larger public interest with the co-relation of provision of sec.12 of d.v. act which requires to call for domestic report before passing any order.
-d)a contempt of court petition on the basis of false allegation and fraudulence action taken by wife to put the court in motion with false papers on oath.
please help me how to draft a hight court appeal that attempt will not result into dis-faith in the judiciary and the high court may not take some wrong presumption over smartness of husband or his counsel for the appeal to visit the place of crime alleged by wife but i am experiencing the same in this courty.
can make respondent both the judges i.e. jmfc and dj for their deliberate ignorance towards non calling of domestic valiance report even the husband has submitted the appeal in writing to call for such report
please tell me what kind of sections to be applied in appeal to high court in this regard.