T.P.Shukla
25 August 2017 at 23:34
Whether a writ can be filed in high court if order of an authority is void and initio but the issue has not been raised in civil appeal before tribunal and high court and civil petition has been dismissed
Saurabh Agrawal
24 August 2017 at 17:15
Can anyone give example of any such case registered on against this rule.
Divya
24 August 2017 at 14:25
RESPECTED EXPERTS
ON account of serious personal reasons, I was compelled to file IN-PERSON WRIT PETITION BEFORE HONBLE HIGH COURT BOMBAY
1. Under articles 226 and 215 of Constitution of India for abusing procedures of high court, abusing procedures of all courts, suo-moto contempt of high court etc
suddenly people are telling me that I NEED TO MAKE ''STATE OF MAHARASHTRA" as a FORMAL party in the writ petition..
please guide if "AMENDMENT OF WRIT PETITION" CAN BE ALLOWED
AND IS IT COMPULSORY TO MAKE STATE OF MAHARASHTRA A PARALLEL PARTY IN WRIT PETITION
ALSO CAN THIS AMENDMENT BE DONE THROUGH CHAMBER SUMMONS OR ONLY THROUGH A CIVIL APPLICATION
PLEASE ASSIST ME
Anonymous
19 August 2017 at 01:00
This is very sensitive query, as I donot want to reveal all the facts here but I need the expert opinion for the Public domain and for the interest of the common people opposing the favoritism, nepotism, irregularities
This case is very close to one of my associate brother, who filed the case for termination of his contract tenure in one of premier Government organisation of India. He lost the case in CAT, High Court as both the courts followed the Constitutional Bench Judgment state of Karnatka vs Uma Devi which has given that contract appointment is aginst the statutory provisions and has no right for regaularisation. He then filed the SLP which was admitted,as there were 300 contract workers in the organization. Subsequently, the 300 contract workers get regularized. The SCI bench asked the petitioner to furnish the details through Interlocutory application. Meanwhile, the bench has changed
My queries are:
1 Since the orgnaisation has reguslarised the 300 contract employees which is aginst the constitutional framework and legal provisions, how the same can be challenged?
2 The act of regaulrisation is contrary to the constitutional Bench Judgment uma devi case which clearly says that there is no by passing of the constitutional scheme. If the organization deliberately violate the constitutional Bech Judgment, how can such organization be brought under law?
Kindly provide the expert opnion, as the matter is not linked with the interest of any party but is meant for uprooting of the malpractice and favortism
Anonymous
09 August 2017 at 22:56
What happens when there is tie among the judges of supreme Court in India on particular case
Ajjay Tavaadia
09 August 2017 at 11:09
One of my friend is working for a one of the biggest corporate houses in India.
He has resigned from his job due to the differences with his superiors. He is currently on notice period till 31st October 2017
Now the issue is
He has been working with them since last 6 years with full integrity and nobody can question it,
Now his two superiors are all out to defame him so that his notice period can be terminated and he leaves immediately
They have even put his official mobile number (provided by the company) on tracking. They are tracking his movements without informing him or taking his permission
This he came to know through one of his friend in corporate HQ and he has shown him with proof.
My questions are very simple
1. Can the notice period of any employee be terminated? if yes, under what circumstances
2. Can the Organisation track his location (through mobile tracking) without his information or permission? If No then what is the punishment under the law for the organisation and/or the people responsible for tracking him/his mobile
Gunasekaran Chandran
31 July 2017 at 23:13
Good evening Friend's
My query is one school in Chennai wrongly printed 14 th of August is independence day instead of 15th August in their school students dairy. In their school there are 2000 and above students studying . Has the school commited any wrong as per Indian constitution ? Can I take any legal action or there any way to rectify it ? Kindly enlighten the issue plz
JIGYASU: Legal Analyst
30 July 2017 at 07:18
It is seen that many court cases take 10, 20, 30 or even more years to settle.
What can be the major causes of extraordinary delay in proceedings and final judgments?
Layers/ Experts community are requested to throw light on this aspect.
Anonymous
23 July 2017 at 18:45
Accused released on regular bail on 3-12-2013, under section 354, 323, 504, 506 and section 3(1)(x) of SC ST Act. Since then accused was continuously appearing before the court but prosecutors failed to comply with provisions of CrPC 207 for 16 months till 23-03-2015.
Judicial Magistrate passed an order to issue NBW on 03--8-2015 without recording any reason as to why he reached a conclusion that accused will not voluntarily appear before the court on next date.
But Judicial magistrate never handed over this NBW to the police and again passed orders to issue NBWs on 23.09.2015, 21.11.2015, 21.01.2016, 26.03.2016, 04.05.2016 but non of these NBWs were sent to police for execution.
accused moved recall applications on 27.06.2016, 19.07.2016 and 10.08.2016 but JM dismissed and passed orders to issue NBW on 25.07.2016, 16.08.2016, 09.09.2016, 26.09.2016 and 82 & 83 on 26.09.2016.
Accused approached HC and HC stayed all proceedings. Opposition contacted the counsel of the accused and counsel of the accused prayed for such a relief which was not prayed in petition (and without consent of the accused and without informing the accused )
HC passed following order-
1. Accused applicant shall appear in person before the trial court ..........;
2. When the applicant appears in person before the trial court and moves an application for substitution of surety, same shall be considered on the same day;
3......
4.......
Now, I want expert comments on the following question of law-
1. Whether the counsel of the accused committed criminal breach of trust in the light of Advocate Act or not?
2. Whether JM magistrate committed contempt of Hon'ble Supreme Court's guidelines or not?
3. Whether the order passed by the Hon'ble HC is legally valid in the light of Article 22 and advocates act or not?
4. Where is entire proceeding against the accused infringement of his fundamental Rights under article 21 or not?
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Writ petition
Whether a writ can be filed in high court if order of an authority is void ab initio but the issue has not been raised in civil appeal before tribunal and high court and civil petition has been dismissed.