Our State falls under the 6th schedule of the constitution and have our own State relevant Land laws . Does having a municipal Election dilute the Act as the Sec 11 [(d)(ii)] of the Act states that nothing contained in this act shall apply to ....(d)
(ii) a municipal Corporation, municipality or town committee constituted under any law.
When a statute "A" is made on the line of another statute "B" and provisions of "B" are incorporated in "A", any change in the "B" statute will not affect "A" - it is called legislation by incorporation . But when provisions of statue "B" are not incorporated but only referred in statute "A", any change in "B" shall automatically apply to "A" - it is called legislation by reference.
The question is when a State is reorganized and a new State is carved out, whether any change by the original legislature in statute "B" will be applicable to statute "A" in new State ?
Is there any difference between these two words or these are just synonyms?
1) I Have Heaard That If There is a Conflict between 2 same bench decision or co - ordinate bench decision in the same high court than we have to refer to the higher bench means (larger bench)but my question is do the judges or the advocates of the parties have to take the permission form the Chief Justice of the High Court in which case is going on or do they have to inform the Chief Justice of that high court in which case is going. Pls help Me Out & Guide me . As per which section or any case laws or any consitutional powers ?
2) It has been said that if the penal statue or penal provisions , if there are 2 possible interpretation than the judge or any adjucating authority or any Assessing officer or any officer who has given the competent power or has the competent power to take the decision should lean towards the construction which exempts the subject form the peanlty rather than one which imposes the penalty. Pls Elaborate the abovematter with case laws or more valueable Opinions ?
Pls Help me out in the above matters or any opinion pls
Thanks A Lot In Advance.
I want to know the basics of Constitution, though I have gone through the entire book but it is very difficult to understand the same.
I will be thankful to Learned Experts who can tell me in brief about the written will of the people of India.
From Art.1 to Art.398
Whether Criminal injury compensation Board existing in any state in India?
Punishment either in civil or in criminal are penalties upon a person for the breach of any law/ right/ interest etc.
Why there are procedures/ penalties for the breach of civil/ criminal law. Should res-judicata doesnt applies as the two being in contravention of the same principle as they are against the provisions of Article 14/19/21 of the Constitution of India.
Whether the document called Constitution is valid as at the time of formation of the Constitution we do not have a constituent Assembly which have been formed on the basis of the will of the people of the Country?
Voting Rights to NRIs
Querry is for Legal experts and the Ministry of Law, Home affairs(dealing NRIs).
Recent news item in all the news papers and media have high lighted that Govt is making a law to give VOTING RIGHTS TO NRIs.
An OCI ( overseas citizen of India) is also an NRI as per Govt notification. He or she may be holding a passport of another country(not India).
WILL AN OCI WILL ALSO BE ELIGIBLE FOR THE VOTING RIGHT AS HE/SHE HAS AN NRI STATUS WHILE IN INDIA.