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Venkatesh   27 January 2011 at 00:48

Reagarding the misuse/misrepresentation of the word "India"

Dear All,

This is follow up of an earlier query, but it is little more elaborate and general. I appreciate if the legal experts could provide some insights as early as possible for the situation(s) described below:

Given the historical the fact, from the times of Christopher Columbus, of the word “Indian” used to wrongly and erroneously represent the indigenous people of the American continent, I would like to know if, now, anyone can legally use the word “Indian” in any new work created (published or to be published) to refer to anyone other than the citizen of India?

Specifically would like to know the in answer for the following situations:

*In a new modified or edited work of a publication that was created before India became a republic, but which is published after the independence of India.

*In any new publication created after India became a republic.

In addition to above, kindly let me know if the continuation of the misnomer of “Indian” is legally or constitutionally valid now that India is a sovereign republic with her own independent constitution.

*If the answer is YES, please provide the corresponding legal or constitution sanction or provision for allowing such an act misnomer.

*If the answer is NO, please provide the penalty for such actions, and also the ways and procedures to bring to justice such illegal or unconstitutional act. In such a case, what are the legal laws or provisions under which action could be initiated against either an Indian or a Non Indian, if and when anyone indulged or intend to indulge in future in any such acts?
Thank you

vinod bansal   26 January 2011 at 19:58

PIL in District Court maintainable or not?

R/Experts
Kindly let me know,PIL in District Court is maintainable or not?Thanks

Indira   26 January 2011 at 19:06

Usage of word Indian

If the word is used in such a way by a non-indian,that it affects any self respecting indian,can the action be stopped from?

To be clear,the word " Injun" in Mark twain's classics is being replaced by the word "Indian" by an American author.He means Native Americans.My question is can the word be used in general(as my understanding is the word indian means person of indian origin only).Is this legal? Can any action be taken agst the proposed change?

Anonymous   26 January 2011 at 17:03

Usage of word "Indian"

Post Independence,I want to know who can call themselves as Indians.Is it legal,if somebody uses the word Indian in a book abroad,totally unrelated to us and doesn't mean us?there is one author who wants to replace a word in a book from Injun to Indian.I wanted to know whether this is legal & that can it be stopped?

Sanjeev   25 January 2011 at 17:16

Second cousin marriage

I want to marry my fathers--> mothers-->sisters-->sons--> daughter. Is it possible in india(Karnataka)? Please advice me.

prerna goswamy   22 January 2011 at 05:03

public interest litigation,information technology law

hello sir,
i have a moot competition and would like to ask a question regarding it.
i'll explain u my case:
there are two telecommunication firms,in which one is based in america(known as gateway,a hardware and software company) and other in india(known as airtel).america tied up with indian company so as to provide broadband services and opened a new firm by name of gateair.for a year they achieved great heights and earned good money due to there cheap and efficent services being provided in india(providing unlimited download schemes at 1700/month).so users of india left their usual isp's(internet service providers) and used donways isp.but soon after a year, problem started occurring in access to the websites by users of donway in india.hence due to this many users complained and on basis of this complaint telecom regulatory act sent sent a show cause notice to the ceo of donpower(who is running donway and also owing a franchise of apple,software and hardware company in india, but based in america)asking him to give reasons for problems occurring in accessing websites and downloading various other schemes.now there is a pil which is filed by an association called forum for better and open internet.but this pil was dismissed!
so kindly gve information regarding scope of publice interest litigation? and does the forign citizens have right to file pil in our country?

Husne Mubarak   22 January 2011 at 01:00

Reservation of seats for SC,ST

Sir,
Art.334(a) says that:

"the reservation of seats for the Schedule Castes and the Schedule Tribes in the House of the People and in the legislative Assemblies of the States....
........Shall cease to have effect on the expiration of a period of sixty years from the commencement of this constitution."

Sir,in this context, I have the following queries:

Q1: Has there been any recent amendment to this Article?


If not.....,

Q2: Sixty years from the commencement of this constitution means upto year 2010. Since we are in 2011 now, does it mean in the coming Legislative Assembly elections to be held in 2011 in West bengal, Assam etc., there will be no reservation for SC,ST candidates?

I shall always remain grateful to you for your guidance.

With regards
Husne Mubarak

k venkatesh shenoy   20 January 2011 at 14:30

Trust deed for a Temple

Dear Sirs,
Please provide me with a model Trust deed for a temple which is already in existent. please provide me as much as possible

Anonymous   19 January 2011 at 21:50

Opinion of Experts requested on point of law

Dear Experts,

Please refer Apex court decision at http://yedhulaprakash1.lawyersclubindia.com/judiciary/Licence-for-acquisition-and-possession-of-firearms-and-ammunition-1557.asp

As per my understanding apex court has given primacy to general act/Exim Policy (1997-2002) instead of a specific act i.e. Arms Act 1959.

Whereas apex court, in the case of Suresh Nanada Vs C.B.I 2008 AIR 1414 held that: The Act (Passport Act) is a special Act relating to a matter of passport, whereas Section 104 of the Cr.P.C. authorizes the Court to impound document or thing produced before it. Where there is a special Act dealing with specific subject, resort should be had to that Act instead of general Act providing for the matter connected with the specific Act. As the Passports Act is a special act, the rule that ‘general provision should yield to the specific provision’ is to be applied.

In view of Suresh Nanada Vs C.B.I 2008 AIR 1414, in my opinion Exim Policy should have yielded to specific act of Parliament. No policy can be above an Act of Parliament i.e. Arms Act 1959 in this case. Please give your opinions.

Dushyant Pandya   19 January 2011 at 21:45

PIL against ministry and government

Virgin lands, lying in isolating remote area in X state and same were allotted on lease basis by Government Authority for 30 year. Accordingly, lessees have developed the same by great efforts and investments.

Now, after almost 35 years, PIL was filed in the high court of some Y state stating that concern government authority had allotted at cheap rate and favored some parties. Petitioner till date neither joined lessees as respondent in petition nor invited them. In such circumstances, are lessees have any other way to protect their interest?

Should lessee approach any other authority under any law to protect their interest?

Please advice.