Anonymous
25 March 2011 at 19:18
Can anybody explain me the artilce 31 a,b,c of te indian consitution of india, 1949
IN DETAIL PLS
IF POSSIBLE WITH THE HELP OF A EXAMPLE.
2[Saving of Certain Laws]
3[31A. 4[(1) Notwithstanding anything contained in
article 13, no law providing for—
(a) the acquisition by the State of any estate or of
any rights therein or the extinguishment or
modification of any such rights, or
(b) the taking over of the management of any
property by the State for a limited period either in
the public interest or in order to secure the proper
management of the property, or
(c) the amalgamation of two or more corporations
either in the public interest or in order to secure the
proper management of any of the corporations,
or
(d) the extinguishment or modification of any
rights of managing agents, secretaries and treasurers,
managing directors, directors or managers of
corporations, or of any voting rights of shareholders
thereof, or (e) the extinguishment or modification of any
rights accruing by virtue of any agreement, lease or
licence for the purpose of searching for, or winning,
any mineral or mineral oil, or the premature
termination or cancellation of any such agreement,
lease or licence,
shall be deemed to be void on the ground that it is
inconsistent with, or takes away or abridges any of the
rights conferred by 1[article 14 or article 19]:
Provided that where such law is a law made by the
Legislature of a State, the provisions of this article shall
not apply thereto unless such law, having been reserved
for the consideration of the President, has received his
assent:]
2[Provided further that where any law makes any
provision for the acquisition by the State of any estate
and where any land comprised therein is held by a person
under his personal cultivation, it shall not be lawful for
the State to acquire any portion of such land as is within
the ceiling limit applicable to him under any law for the
time being in force or any building or structure standing
thereon or appurtenant thereto, unless the law relating
to the acquisition of such land, building or structure,
provides for payment of compensation at a rate which
shall not be less than the market value thereof.]
(2) In this article,—
3[(a) the expression ''estate'' shall, in relation to
any local area, have the same meaning as that
expression or its local equivalent has in the existing
law relating to land tenures in force in that area and
shall also include—
(i) any jagir, inam or muafi or other similar grant
and in the States of 4[Tamil Nadu] and Kerala,
any janmam right;(ii) any land held under ryotwari settlement;
(iii) any land held or let for purposes of
agriculture or for purposes ancillary thereto,
including waste land, forest land, land for pasture
or sites of buildings and other structures occupied
by cultivators of land, agricultural labourers and
village artisans;]
(b) the expression ''rights'', in relation to an estate,
shall include any rights vesting in a proprietor, subproprietor,
under-proprietor, tenure-holder, 1[raiyat,
under-raiyat] or other intermediary and any rights or
privileges in respect of land revenue.]
2[31B. Without prejudice to the generality of the
provisions contained in article 31A, none of the Acts and
Regulations specified in the Ninth Schedule nor any of
the provisions thereof shall be deemed to be void,
or ever to have become void, on the ground that such Act,
Regulation or provision is inconsistent with, or takes
away or abridges any of the rights conferred by, any
provisions of this Part, and notwithstanding any
judgment, decree or order of any court or Tribunal to the
contrary, each of the said Acts and Regulations shall,
subject to the power of any competent Legislature to
repeal or amend it, continue in force.]
3[31C. Notwithstanding anything contained in article
13, no law giving effect to the policy of the State towards
securing 4[all or any of the principles laid down in Part
IV] shall be deemed to be void on the ground that it is
inconsistent with, or takes away or abridges any of the
rights conferred by 5[article 14 or article 19]; 6and no law containing a declaration that it is for giving effect to such
policy shall be called in question in any court on the ground
that it does not give effect to such policy:
Provided that where such law is made by the
Legislature of a State, the provisions of this article shall not
apply thereto unless such law, having been reserved for
the consideration of the President, has received his assent.
PLS IN DETAIL EXAMPLE IF & CASE LAWS BECAUSE I WANT TO MAKE NOTES ON IT ?
Anonymous
24 March 2011 at 21:42
Where lies the difference between ‘a fundamental right’ & ‘a constitutional right’?
Art. 300A shifted from Fundamental right to Constitutional right vide forty-fourth amendment act, 1978.
“CHAPTER IV : RIGHT TO PROPERTY.
300A. Persons not to be deprived of property save by authority of law. – No Person shall be deprived of his property save by authority of law.”
What is the constitutional meaning of the words ‘save by authority of law’
Can anybody enlighten me on Art. 300A of The Constitution of India? What is the property under art 300A?
Anonymous
24 March 2011 at 17:53
Can anybody explain me the artilce 31 a,b,c of te indian consitution of india, 1949
IN DETAIL PLS
IF POSSIBLE WITH THE HELP OF A EXAMPLE.
2[Saving of Certain Laws]
3[31A. 4[(1) Notwithstanding anything contained in
article 13, no law providing for—
(a) the acquisition by the State of any estate or of
any rights therein or the extinguishment or
modification of any such rights, or
(b) the taking over of the management of any
property by the State for a limited period either in
the public interest or in order to secure the proper
management of the property, or
(c) the amalgamation of two or more corporations
either in the public interest or in order to secure the
proper management of any of the corporations,
or
(d) the extinguishment or modification of any
rights of managing agents, secretaries and treasurers,
managing directors, directors or managers of
corporations, or of any voting rights of shareholders
thereof, or (e) the extinguishment or modification of any
rights accruing by virtue of any agreement, lease or
licence for the purpose of searching for, or winning,
any mineral or mineral oil, or the premature
termination or cancellation of any such agreement,
lease or licence,
shall be deemed to be void on the ground that it is
inconsistent with, or takes away or abridges any of the
rights conferred by 1[article 14 or article 19]:
Provided that where such law is a law made by the
Legislature of a State, the provisions of this article shall
not apply thereto unless such law, having been reserved
for the consideration of the President, has received his
assent:]
2[Provided further that where any law makes any
provision for the acquisition by the State of any estate
and where any land comprised therein is held by a person
under his personal cultivation, it shall not be lawful for
the State to acquire any portion of such land as is within
the ceiling limit applicable to him under any law for the
time being in force or any building or structure standing
thereon or appurtenant thereto, unless the law relating
to the acquisition of such land, building or structure,
provides for payment of compensation at a rate which
shall not be less than the market value thereof.]
(2) In this article,—
3[(a) the expression ''estate'' shall, in relation to
any local area, have the same meaning as that
expression or its local equivalent has in the existing
law relating to land tenures in force in that area and
shall also include—
(i) any jagir, inam or muafi or other similar grant
and in the States of 4[Tamil Nadu] and Kerala,
any janmam right;(ii) any land held under ryotwari settlement;
(iii) any land held or let for purposes of
agriculture or for purposes ancillary thereto,
including waste land, forest land, land for pasture
or sites of buildings and other structures occupied
by cultivators of land, agricultural labourers and
village artisans;]
(b) the expression ''rights'', in relation to an estate,
shall include any rights vesting in a proprietor, subproprietor,
under-proprietor, tenure-holder, 1[raiyat,
under-raiyat] or other intermediary and any rights or
privileges in respect of land revenue.]
2[31B. Without prejudice to the generality of the
provisions contained in article 31A, none of the Acts and
Regulations specified in the Ninth Schedule nor any of
the provisions thereof shall be deemed to be void,
or ever to have become void, on the ground that such Act,
Regulation or provision is inconsistent with, or takes
away or abridges any of the rights conferred by, any
provisions of this Part, and notwithstanding any
judgment, decree or order of any court or Tribunal to the
contrary, each of the said Acts and Regulations shall,
subject to the power of any competent Legislature to
repeal or amend it, continue in force.]
3[31C. Notwithstanding anything contained in article
13, no law giving effect to the policy of the State towards
securing 4[all or any of the principles laid down in Part
IV] shall be deemed to be void on the ground that it is
inconsistent with, or takes away or abridges any of the
rights conferred by 5[article 14 or article 19]; 6and no law containing a declaration that it is for giving effect to such
policy shall be called in question in any court on the ground
that it does not give effect to such policy:
Provided that where such law is made by the
Legislature of a State, the provisions of this article shall not
apply thereto unless such law, having been reserved for
the consideration of the President, has received his assent.
PLS IN DETAIL EXAMPLE IF & CASE LAWS BECAUSE I WANT TO MAKE NOTES ON IT ?
pankaj
24 March 2011 at 10:49
sir i want to know about the criterion of creamy layer for sons/daughters of govt
servants. My father is working as a class-3 employee and was appointed in class-3. now
his age is 57 years. The annual income for three finacial years 2008-09, 09-10, 10-11 are about 4.1 lakhs, 5.5 lakhs, 5.1 lakhs.
I want to ask whether this salary is taken into account for central OBC certificate OR it is determined only on the basis of class/group of govt. servants only( Income is from salary alone). In my area they are including the salary and so they are refusing me the certificate. Whether i am come in creamy layer or not?
In my state, on the certificate it is written that "annual income of ****** not exceeds 5 lakhs for three consecutive years" I want to understand its meaning-- whether the income limit 5 lakhs written on the certificate is including the salary or not?
please reply...its urgent..
thanks.
joe
24 March 2011 at 00:41
Dear all,
I found the following on a Newspaper site. I do not agree with this Advocate. How do you feel?
Contempt of court! by Adv Govind Usno Bhobe, Panjim
http://www.oheraldo.in/newscategory/Letters/13
In a landmark judgment reported in ‘AIR 2001 Bombay 60’, the Bombay High Court held that any amendment sought by a passport holder for making corrections regarding date of birth, the Passport Authority is competent to do this. Such matters need not be referred to a Judicial Magistrate; they are overburdened and are not conferred with such jurisdiction under law. The judgment also gave standing directions to the Passport Authority to hold an enquiry and effect necessary changes in respect of change of date of birth or place of birth.
However, whenever an application is made to change wrongly recorded date of birth or place of birth, the office of the Passport Authority, Panjim, directs the aggrieved applicant to get a ‘court order’. This shows scant regard for the High Court’s order.
I wrote several Registered AD letters to the Passport Officer, Panjim, to bring to his notice this High Court order, enclosing copies of the order. Notwithstanding, the Passport Authority has not mended its way. Is this not contempt of court? Bureaucrats should not ignore the cardinal principle that service to mankind is their motto.
Anonymous
23 March 2011 at 19:41
Jurist Good Evening
1) As we know that 1 judge means single bench.
2 judge means double bench.
3 judge means Full bench.
5 judge means consitutional bench but if there are 9 & 13 judge than which bench it is ?
Also it has been said by the indian consitution, 1949 that there should not be more than 9 judge than while a case of 13 bench judge ?
2) Section 225 of the criminal procedure code, 1973
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor. so can we say that the lower court below the session court there are no public prosecutor or what ?
Difference between interim bail, regular bail & anticipatory bail ? which section defines the following bail ?
Thanks.
priya
23 March 2011 at 19:24
Respected sir, my father is a govt. servant. We have a residential house in our city and about 2 acres land in our village. some money is in bank. Except that we have nothing else.
I want to ask that according to wealth tax act 1957, what is our property? Whether the house will be exempted and village land will be excluded from calculation?
Actually i am calculating it for determining whether i am in creamy layer or not( 20 lakhs or 30 lakhs exemption limit) ?
Kindly tell my property.
I will be very grateful to you.
mohammad nazir ahmad
23 March 2011 at 17:34
kindly send me a format of objections to a writ petition to be filled by respondent.
thanking you
Dinesh Anand
23 March 2011 at 14:55
i want to know against whom the writ petition can be filed under article 32...?
whether it can be filed against a pvt individual or pvt company or not....?
plz help
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Article 19
Respected sir,
I want to know whether there any precedents curtailing the freedom of press in criminal investigation?or whether there are any State Acts preventing media's undue influence in criminal investigation? Does media's intervention in the above amount to contempt of court?