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Anonymous   22 March 2011 at 20:48

Open Court ?

Can High Court Judge question his C.J.order?

Can he express is opinion about C.J.in an open court?

& If yes than can we replace the words supreme court in place high court above question ? Means whehter it is applicable to Supremem Court Judge question his C.J.order?

Also as we known that ever court is a pen court including High court of ever state but is supreme court is a open court ?

Open court in the abovementioed means (the common public can sit & hear the proceedings) ?

Also any tribunal is also a open tribunal or not ?

Thanks.

Anonymous   22 March 2011 at 18:36

Land Acquisition

Notification under 4(1) was made in 1991 on the name of 'X' who died in 1973 itself. Revenue records stands in the name of 'Y' who is son of 'X'. 'Y' died in 1993. No mutation thereafter. Legal heirs are in possession.

Is the notification valid?

What can we do in 2011

Anonymous   22 March 2011 at 17:44

Court Intervention


I have posted a query on Transport Woes in the Expert's forum. The facts in the issue are very glaring that though every citizen is aware of the plight, no concrete steps have been initiated to set things in order. Public Interest Litigation do not necessarily yield the desired results to highlight the matters which are detrimental to Public Interest at large. My specific doubts are summed up as under:

(a) As in the case of high profile matters, under which circumstances the Court intervenes into the matters which are detrimental to public interests?

(b) What are the Constitutional provisions and obligations on the part of the Apex or High Courts to question the authority of the State ?

(c) Is there any Judicial Committee which monitors the matters which upset the peace and tranquility in the State on account of misdemeanors of Public Authorities?

(d) Are there any precedents which match the similar facts where interests of common citizens are protected by the intervention of Courts?

(e) Whether any High Court is vested with any constitutional powers to question the acts of the State in the absence of any Public Interest Litigation?

I need specific point-war guidance from the expert panel in the interest of Common Citizens.

Anonymous   22 March 2011 at 17:00

regarding letter of administration



Dear sir
M y mother had been issued the letter of aministration for the property worth of one crore
the querry is
1, any asset if sold within three years are bound to have in come tax or mere title change is supposed to be Gift. if mu mother is thinking of distributing it to their childrens say 4 + to the two daughters of his brother what will be the procedure
2, if she pays tax like high capital tax gain or low capital tax gain and distributes to the children and brothers daughter whether the receiver has to pay further tax or will it be treated as gift
3, what is the maximum limit above which the gift tax has to be paid
regards
R_PVK

Dhingra P.S.   20 March 2011 at 10:54

HAPPY HOLI

Happy Holi to all the Experts & other Members of Lawyers Club India.

Anonymous   19 March 2011 at 22:54

Converting from Hindu to Sikh religion

I am aware it is fundamental right of citizens to change from one religion to another and there is no limit on changing religions from one to another. If one converts from Hindu to Sikh religion, what written legal "proof" is needed that person is now a Sikh? Is a certificate/letter of conversion written by Gurudwara sufficient legal proof? Or person has to get it registered, or do some kind of legal affidavit for future possible legal requirements.

Anonymous   18 March 2011 at 22:11

query

please tell the importance of article 141 and article 142 of constitution of india

Madhukar Bhatt   18 March 2011 at 13:26

PIL as well as Contempt of Court application to HC

I shall be thankful if you will guide & advise for the following:
1. To file PIL in HC what is the procedure?
Whether only advocate can file PIL or any public person? What is the format of PIL application? It only can be filed to HC or can be filed directly to HC depending on PIL seriousness of matter? Any court fee to be paid for PIL? Further information what you can provide to file PIL.
2. To file contempt of court to HC what is the procedure, can only advocate file this or any public person can file directly to HC? Format of contempt of court application and court fee expenses and procedure. Whatever more information you provide on these above two.
Thanks

Anonymous   18 March 2011 at 12:18

Wetland & Waterbodies Preservation

TO WHOM WE HAVE TO APPROACH FOR THE BELOW MATTER
Re; To implement Judgment given by Gujarat High Court on wet land / water bodies Ahmedabad & All Gujarat Ponds & Talavadis to clear slums & encroachment on it and to convert all Talavadi in water pond for water harvesting, water reserve - Not to use for other purpose. This Refers contempt of court by AMC to Lakhudi Talavadi Site High Rise Towers Project situated on road junction of Near Stadium Petrol Pumps / Golden Triangle road coming from Sardar Patel Cricket Stadium Circle, St.Xavier’s Loyola School Road, Naranpura Road, Road coming from stadium circle from Golden Triangle. The sketch attached to see the location.
Lakhudi Talav land area may be approximate: 25000 sq. mtr or more Present Land Cost Rs.1, 20,000/-per sq. mtr for such prime location. Market Value of this land property app. 300 crores.
Judgment Copy attached. Against PIL HC gave judgment on 02-08-2002
By Gujarat High Court Bench comprising of Justice R K Abhichandani who took place of Justice B C Patel & Justice D A Mehta
This verdict ordered the Govt. to
1. Notify all lakes & ponds within the states to preserve them as it is
2. To remove encroachments and facilitate rehabilitation as per the existing norms & other order
We are residents of the above area. Since many years on Lakhudi Talavadi property owned by AMC there is slum hutments. As per Judgment given by HC, the judgment copy attached herewith and also it is heard that the same judgment is approved & held by SC. Referred to as to save Urban Wetlands / Water bodies many judgments available of SC. Published by Centre For Science & Environment, New Delhi.

Reference to this judgment Chandola Talav, Naroda Talavadi, Vastrapur Talav, Malav Talav , Ghodasar Talav all these has been developed by water pond & gardens since long back . While Lakhudi Talavadi still there is slum dwellers. No move from AMC to implement HC judgment after this judgment. Instead AMC going for High Rise Towers Project on this site.

Surprisingly, recently few days’ back Hoardings are put on this Lakhudi Slum Site: Developer M A Corporation Project Name ‘AVAS’ / ‘NIVAS’ of High Rise Towers by some Builder Party. Here definitely, it is hand in globes of AMC for voting / political gain or other vested interest with builders / land grabbers whatsoever .When all Talavadis are developing according to HC / SC judgment why such High Rise Buildings Towers Project is approved and to be carried out by AMC ? This is big question & surprise to the residents of this locality.
We are not legal professional persons; we request your goodselves to look in to the matter immediately. We smell rat in this. Yourselves already aware that land grabbing / selling of Govt. property by throw away prices to builders is rampant. Adarsh Mumbai & other land scams already have surfaced recently. Questions arise how & why AMC authorities allowed Towers multi storey on this Lakhudi site?
When there is clear HC / SC order as mentioned above accordingly to develop Lakhudi as Talav and to remove encroachment on this site.
It seems, it is clear Contempt of Court by AMC as how such Big Buildings High Rise Towers Project approved & consented by AMC on Lakhudi Site on such a big land overlooking & ignoring SC / HC Judgment? It is not a small matter & issue. This dubious activity for this project must be going on since long time to go for such illegal project on Lakhudi ignoring judgment.

We once again request to immediately take up this matter legally whatever possible way and to find out about this development & status on Lakhudi Talav Property. Your goodselves have vide powers and if you wish you can HC can file PIL for this or can go for contempt of court.

We believe Consent of such High Rise Tower Project by AMC is illegal & leads to contempt of court. It seems malafied vested interest involved in this Tower Project .AMC should go for water pond & garden as per law & HC judgment removing encroachment on site.

Please look in to matter and request your immediate legal action & investigation to find out facts & status of Lakhudi to enforce the HC & SC judgments for Lakhudi Talav Property accordingly. Please pardon us if the language / matter not presented in proper legal format.

Recently HC has called concern parties of Dhandhuka Town Ahmedabad District against PIL, the parties have built buildings on Talav which was illegal & lead to contempt of court. News Paper report / cutting attached here with.

Also in Andhra Pradesh the construction of 2500 MW power plant construction work has been stopped as the power plant site is wet land / water bodies. Ministry of forest & environment has stopped the construction.
Request for urgent legal action, and to order AMC for immediate removal of encroachment on Lakhudi site and to implement preservation of wet land by making it Pond & garden. For your kind information, hutments dwellers on Lakhudi have been allotted slums quarters long back by AMC to other locations but no body has shifted there instead they have sold of or given on rental.
YOUR ADVISE APPRECIATED

Anonymous   18 March 2011 at 07:39

right of equality

equal pay for equal work, is just a notion or a guarantee provided under the constitution of India