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kiran 11111   12 January 2014 at 10:04

Repungency

Right to Fair Compensation and Transparency in Acquisition , Resettlement and Rehabilitation 2013 has been brought into force from January 1 , 2014. This act deals with acquisition of land and resettlement of displaced person on account of acquisition of land. The subject resettlement Is in concurrent list at entry no 27 whereas acquisition is at entry no 42 in concurrent list. This act has been passed by union government.
In Maharashtra there is Maharashtra Project affected persons rehabilitation act 1999 dealing with rehabilitation of displaced person. This act has received the assent of the President . Union act has repealed earlier Land Acquisition Act . However union act has not expressly repealed Maharashtra Project affected persons resettlement act. So in Maharashtra we will have two laws dealing on resettlement of displaced person.
So my question is
1. Which law will prevail ?
2. Whether Maharashtra Project affected person rehabilitation act will prevail in view of article 254(2) ?
3. Whether both acts will go together?

Member (Account Deleted)   12 January 2014 at 00:03

Notarised affidavit to obtain a residential cert from mro

In one of the TV News (IBN)discussion a point was raised whether it is as per the law of the land or self induced asking people to deposit a notarised affidavit along with the application for say a residential cert, a birth or death cert etc etc from the MRO/Tehsildar ? There were many expert views..What is the law of the law of the land and why it is being continued in some states where some other states have got rid of that in favour of self attested affidavit?

Avishek   11 January 2014 at 21:33

Maintenance

can neglected parents ask for maintenance under Article 226 of the Constitution of India from their ward?
If they can,kindly provide me some case reference wherein the high court has exercised its discretionary jurisdiction under Article 226 of the Constitution of India to pass order of maintenance to parents.

Ajay Sharma   10 January 2014 at 10:54

Issue of domicile certificate

Hi respected Sir/Madam,

My doubt is related to domicile certificate Actually I born in Jharkand which was earlier in bihar and my father worked in IAF and its an transferable job,Beacz of that I did my education in different state and finally MBA from hyderabad and working there only for the past five year.
Now I would like to know Whether I can get Domicile certificate from hyderabad(AP) or I have to take it from Bihar.

and also one more thing to share that my father has land and house in jharkand but I purchased flat in hyderabad.

Pls suggest me whether i am eligible to get Domicile certificate from AP or jharkand.

ASHISH GUPTA   08 January 2014 at 19:38

Permanent address in passports (constitutional law)

Hello Law Experts,

I am residing in Noida since July 2011 at rented accomodation. I am from Meerut, U.P. and my parents are also residing there at a rented accomodation. I do not have any address proof of that location.

Can I put my current rented residence address as my permanent address in passport application?

What is the relevant law/section to confirm the same in case i need to present it before the passport officer in case of any issue.

After what time period of stay at rented accomodation, i can use it as a permanent address?

I want to file an RTI for the same. To what ministry should i send my RTI application to ask the same question.

I saw the same query (http://www.lawyersclubindia.com/experts/Permanent-Address-in-Passports-97346.asp#.Us1ZaPQW00E) on this forum but couldn't get the answers of my questions.

Many many thanks in advance.
Ashish Gupta
Software Developer
Oracle India Pvt. Ltd.

MADHUKAR SINGH   07 January 2014 at 15:21

Process to get declared unconstitutional a provision of constitution itself

My query pertains to the following subject-matter:

There are catena of illustrations wherein various Constitutional Amendments have been declared unconstitutional from time to time.

Not a single illustration has surfaced yet wherein any constitutional provision which is in the constitution since the commencement of the Constitution has been declared void by virtue of Art.13.

As to whether provisions which are ab intio in the Constitution are not "law" within the term of Art.13?

If they are "law" then as to whether they cannot be scrutinized under Art.13.

For example if any such provision of law is apparently arbitrary then what is the way to assail such provision.

Tashi Norbu Basi   03 January 2014 at 10:11

Disciplinary enquiry

Dear Experts,

Happy New Year to you all.

My query concerns disciplinary enquiry.
"What happens when a disciplinary enquiry is initiated and penalty imposed by an officer who is not a disciplinary authority"? The state discipline and appeals rule specifically states who is the disciplinary authority, whereas the concerned officer is below the specified rank.

Any rulings of the Hon'ble Supreme Court would be very much appreciated.

Thank you.

Srinivas Jerripothula   27 December 2013 at 17:24

Lok pal

Hi All,

Will you please suggest can we use Lok Pal in present. Can we implement it. Please suggest.

In Lok Pal, there is a point that we can use this for Religious bodies and trust: The new bill includes societies and trusts that collect public money, receive funding from foreign sources, and have an income level above a certain threshold, it excludes bodies creating endowments for or performing religious or charitable functions.

I would like to file a case on this. Please suggest.


Thanks & Regards,
J. Srinivas

anwar   27 December 2013 at 12:40

Parliamentary election

Dear sir,

I m a senor executive in a reputed public sector corporation.Sometimes i wish to contest assembly or lok sabha election but have certain doubts in my mind.
1. Can i contest election without quitting the job.
2.I want to quit the job only after i get elected. in case i m not elected, i want to remain in service.
Is this possible, pl clarify.
regards.

vatan   27 December 2013 at 12:27

writ petition

I am facing a case before tehsildar. I have a registered will of my grandmother in which my grand mother transfer the all property to me. After her death i file the documents in tehsildar office for tansfer of property. But tehsildar not doing the same. There is no objection against me regarding the property. Now i want to file a writ petition in supreme court. Kindly tell me the prpcedure.