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sastri   17 March 2011 at 23:01

right to information act

Dear Sir,
sub:order copy in the proceedings not yet issued
I made RTI application seeking information from Public Information Officer,DPO, RR Dist,AP but intentionally they held the information. When I made an appeal with APIC my case was heard twice on 24-7-2009 and 06-08-2009,at the time of hearing the APIC,Information Commissioner Sri. R.Dilip Reddy garu said the DPO and PublicInformation Officer will be fined for the delay. After waiting for more than four months I made an application to APIC under RTI on 16-12-2009 requesting for information,what is the status of my hearing and the action taken report in 3117/State Information Commission-DR/2009 and 3175/State InformationCommission-DR/2009, they have replied wide Lr No.12502/APIC/Public InformationOfficer-214/2009,Dt:01.01.2010 that further action is pending.
Even to date even after 18 months I didn't get the order copy and justice for the delay caused.
This clearly indicates the connivance of commissioner and erring officials.
what is the use of RTI Act in this Andhra Pradesh state, waste of money and mockery of the constitution.
Now i request you all what i have to do.please help me.
thank you.
sastri

--
M.V.S.S.SASTRI
RES:H.NO 16-76, ROAD NO 1 PRASHANTI NAGAR, UPPAL, HYDEARBAD -39

Anonymous   17 March 2011 at 18:37

PIL related question

A person or organization files a PIL in court, can another party in person or organization as party in person(with opposing views) become a party to that PIL on grounds that the matter being contested in PIL is affecting him as it relates to Fundamental Rights.

Anonymous   16 March 2011 at 13:45

Is Strict Scrutiny followed in Judicial Review of Laws by Courts in India?

Dear Experts,

In Strict Scrutiny the government has the burden of proving that its challenged law/policy is Constitutional. To withstand strict scrutiny, the government must show that its law/policy is necessary to achieve a compelling state interest. If this is proved, the state must then demonstrate that the legislation is narrowly tailored to achieve the intended result.

1)Like in USA is Strict Scrutiny standard followed in Judicial Review of Laws/Policies by Courts in India? If not what standard is followed in Judicial Review by Indian courts?

2)If Strict Scrutiny is not followed by Indian courts, can a lawyer request the court to follow the principle of strict scrutiny for Judicial Review in his case, like case involves Fundamental Rights under Part III of Constitution?

Anonymous   16 March 2011 at 10:27

Time period for SLP in SC and review of judgement in HC

Sir
I would like to know the prescribed period in the following cases.
1. Time period for a review application against a HC judgement in High Court and who will hear it.
2 Time period for SLP in Supreme court against High Court judgement in a civil suit. The opposite party is state govt.

Anjan Dutta   14 March 2011 at 18:14

Directive Principles of State Policy

What are the Directive Principles of State Policy which has converted to Fundamental Rights and Why?

Ananda   14 March 2011 at 15:15

Issues related to passport

I have applied for new passport with following documents:

1. Ration Card- As proof of my present address.
2. Secondary admit card- As proof of my date of Birth.
3. Notary affidavit- As proof of my place of Birth
4. PAN card- As proof of my identity-
5. Electricity Bill - As proof of my address
6. Pass certificate of my highest qualification-
7. Bank Pass book-

But the State Intelligence Branch Says that Birth Certificate and Voters' ID is mandatory. I don't have both. My year of Birth is 1976.
Now the status page says:
"Police Report is incomplete and the case is being examined"
Can you guide me in this regard.

Ananda Das Gupta

Anupam Anand   14 March 2011 at 00:39

euthanasha

I need openion on mercy killing regarding my coll practicals..

priya   13 March 2011 at 21:59

birth certificate

Sir i was born at bhopal(MP). It was because my father was posted there at the time of my birth. I belong to UP and my both parents were born in UP(near Lucknow).
I studied in bhopal upto class 3, since then i have been living in Lucknow(UP) and i have done my schooling and graduation from here. Except for my birth, i have no connection with bhopal(MP). I also have no birth certificate till now.
Now what should i write as my place of birth in the applications for services/recruitments? I want to write Lucknow as my place of birth because i have been living here for about 17-18 years and also because its the place to which i belong. If i write Bhopal(MP), i think that many problems may arise. IS IT LEGAL now to get it from lucknow(UP) as i can get it now.
Anyone expert in this matter
please advise me. Please tell me the solution.
I will be very grateful to you!

Anonymous   13 March 2011 at 16:56

Section 19 & 1 of the CC Act, 1971.

Section 2 (c) (ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding , or



(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.



(a) "High Court" means the High Court for a State or a Union territory and includes the court of the Judicial Commissioner in any Union territory.


Query : What is the difference between judicial proceeding & administration of justice because i known the meaning of judicial proceeding but what about administration of justice because both are differently quotaed in resepctive clause (ii) & (iii) because if the proceedings in any court are if known as a judicial proceedings than what about the "administration of justice".

Clause (a) Also what is the meaning of (includes the court of the Judicial Commissioner in any Union territory.) because as section 19(1)(b) it has been said that

where the order or decision is that of the Court of the Judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court.

So which court is said to be Judicial Commissioner to make a directly appeal to SC.

The Above Query with the APEX Court CASE LAWS if possible with the help of a exmple if possible PLS.

Thanks

God Bless.


pratik   13 March 2011 at 16:45

Contempt Of Court Act, 1971.

Section 1
Comments
(ii) Proceedings of contempt are summary in nature and also are sui generis; Golcha Advertising Agency v. The State of Maharashtra, (1990) 2 Bom CR 262 (Bom).

Query : What do u mean by summary in nature & sui generis ? with the help of a example(S).

Section 2 (b) "Civil contempt" means willful disobedience to any judgement, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court.

Query : So can we say that oath take before the court or any magistrate whether in the courtroom were proceedings are going on & if the person who has take the oath as per the act act are also follows under the same context which is (undertaking given to a court) because there is no defination of "undertaking" ? Also can we say that while giving the oral evidence & standing in the witness box & take the oath that what will be said by me will be true & nothing other else while keeping the hand on the gita. & if if says wrong than he/she is laible for (willful breach of an undertaking given to a court) ?

Any APEX COURT Judgement OR correct me if i am wrong.

Thnaks In Advance.

God Bless U All.