kiran
04 June 2013 at 22:35
Respected Sir,
IF MLA who was elected on a political party symbol is now going against the same party. So a disqualification pitision filed by the political party.
After a disqualification pitision filed on him, he resigned to assembly.
But as disqualification pitision is filed first the candidate was disqualified by speaker of the legislative assembly.
In this case does the disqualified candidate is eligible to contest in next election?
If so he is able to contest then what is the use of disqualifying him rather than accepting his resignation?
I am eager to know this...as now a days all leaders are thinking on their benefits rather than people, who voted him on a particular party symbol.
Thanks,
KIRAN
P. Venu
04 June 2013 at 12:03
I am a public servant. My department, though an insignificant institution, has been vigorous litigant. The subject-matter of the litigation is of far-reaching impact. During 1997-2002 I had studied the subject matter with reference to the public records and had found that the Department has been pursuing misconceptions and that it has not been a responsible or honest litigant. I had apprised the authorities at all levels of the material facts. Subsequently I had come across much more starker aspects. These have been brought to the notice of the authorities. I have also published some articles highlighting the issues:
-"Wilful distortion denies to salt pan owners justice” (http://www. indiatogether.org/2008/apr/hrt-saltpan.htm);
- Contentious Rule, Incredible Verdict” (Journal of Indian Law and Society, Volume 1, 2009); (http://jils.ac.in/wp-content/uploads/2011/12/p-venu.pdf)
- “Experiments with Falsehood” (http://www.lawyersclub india.com/articles/Experiments-with-Falsehood-2047.asp).
- "Once Landholders, now Leaseholders" (http://www.lawyersclubindia.com/articles/Once-Landholders-now-Leaseholders-4832.asp#.Ua2LltIzNv8)
Some time back, some among the defendants in a suit filed by the Department had sought my assistance in placing the material facts before the Court. Hence I had filed the following petition.
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IN THE COURT OF CIVIL JUDGE SENIOR DIVISION AT PANVEL-DISTRICT – RAIGAD
Misc. Petition No. of 2011
IN
Special Civil Suit No. 84/2009
P.Venu,
Assistant Salt Commissioner,
Assistant Salt Commissioner’s Bungalow,
2-1-44/45, Madhav Nagar, Pithapuram Road,
Kakinada 533 003, Andhra Pradesh …. Petitioner
Vs.
1 The Union of India through
The Deputy Salt Commissioner,
Exchange Building, 4th Floor,
Ballard Estate, Mumbai. …. Respondent/Plaintiff
2. Ashaben Prakash Parekh
& Others …. Respondents/Defendants
Petition under Order 1, Rule 8A read with Section 151 of the Civil Procedure Code
For the reasons stated in the accompanying affidavit, the petitioner prays that this Hon’ble Court may be pleased to permit this petitioner to implead himself in the above mentioned Special Civil Suit No. 84/2009 in public interest and to allow this petitioner to present his opinion and to take part in the proceedings in accordance with law.
Dated at Kakinada on 8th December, 2011.
Petitioner
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IN THE COURT OF CIVIL JUDGE SENIOR DIVISION AT PANVEL-DISTRICT – RAIGAD
Misc. Petition No. of 2011
IN
Special Civil Suit No. 84/2009
P.Venu,
Assistant Salt Commissioner,
Assistant Salt Commissioner’s Bungalow,
2-1-44/45, Madhav Nagar, Pithapuram Road,
Kakinada 533 003, Andhra Pradesh …. Petitioner
Vs.
1 The Union of India through
The Deputy Salt Commissioner,
Exchange Building, 4th Floor,
Ballard Estate, Mumbai. …. Respondent/Plaintiff
2. Ashaben Prakash Parekh
& Others …. Respondents/Defendants
AFFIDAVIT OF P.VENU, ASSISTANT SALT COMMISSIONER IN HIS PERSONAL CAPACITY
I, P.Venu, aged 58 years, S/o Late ShriN.Parameswaran Pillai, working as Assistant Salt Commissioner in the Office of the Assistant Salt Commissioner, 2-1-44/45, Madhav Nagar do hereby solemnly affirm and sincerely state as follows:-
1. I am to submit that Shri Ganesh Janardhan Tahkur and 40 others, who are among the defendants in the above mentioned Special Civil Suit No. 84/2009,have addressed me a request seeking my assistance in placing the real facts before this Hon’ble Court. They have informed that they all are having salt pans in the suit property known as Ganesh Prasad Salt Works and these pans are belonging to their forefathers. They have stated that they have been producing salt in these salt works for the last 150 yearsand their livelihood depends on this business only. They have also informed that they are very poor and they do not have the sufficient means to plead against the Government. Hence they had sought my assistance in placing the real facts before the Hon’ble Court.
2. I had been closely associated with and well informed of subject matter of this Special CivilSuit. During the period 1998-2002, while posted in the Office of the Deputy Salt Commissioner, Mumbai, I had been in-charge of the team entrusted with the task of identifying and collecting documents and records relevant to the subject matter of the above mentioned Special Civil Suit and related matters, available with the Salt Department as well as the Department of Archives, Government of Maharashtra. The team had undertaken a systematic search of the records of the State Archives and had collected almost the complete information relating to the controversy commencing from the establishment of British Rule in the erstwhile Bombay Presidency. Copies of these documents have been obtained and kept in compilations numbering more than five hundred.
3. I have carefully gone through the plaint filed on behalf of the Plaintiff. It is stated that the averments therein are misconceived, being either errors of fact or errors of law or errors in fact as well in law. It is respectfully submitted that all errors in fact and errors in law are questions of law. A judicious decision in the present civil suit involves findings on the following among other questions of law:
(a) The defendants and their predecessors in title have been occupying the suit property for the past 150 years. They have been the first occupants of the res nullius. They have perfected their rights as shilotries who reclaimed the land, constructed the salt works and have kept it in good repair since then. Whether, the defendants are not the occupants of the suit land, as defined under the Bombay Land Revenue Code, 1879 and Maharashtra Land Revenue Code, 1966?
(b) The licence for manufacture of salt under the Bombay Salt Acts of 1873 & 1890 had been granted to the predecessors in title of the defendants in their capacity as proprietors of the private salt work. Whether, the licence granted under the said Acts do not constitute good and valid title for the ownership rights of the defendants?
(c) Section 37 of the Bombay Land Revenue Code provides only those lands which are not the property of private persons to be the property of the Government. Whether, the suit land belongs to the Government, notwithstanding the property rights of the defendants and their predecessors in title?
(d) The defendants and their predecessors have been the proprietors in occupation of the suit property for the past 150 years. Whether, the institution of the present suit is permissible by the Law of Limitation?
(e) The Bombay Salt Act of 1890 had been repealed by the Central Excise & Salt Act 1944. Licensing of salt manufacture had continued under the Central Excise Rules notified under Section 37 of the latter Act. The said rules relating to salt had become defunct because of the abolition of duty on salt with effect from 1/4/1947. Whether, continuation of the licensing system thereafter and periodical renewal and imposing of conditions through licence were legally permissible?
(f) Production and sale of salt is a normal and benign business and not a res extra commercium. Whether, the plaintiff has been competent, ever since the abolition of duty of salt, to regulate and impose restrictions on the Right to Freedom and Right to Life and Livelihood of the defendants and their predecessors in title, in the absence of any valid powers vested by law? Whether, it will not be repugnant to the Scheme of the Constitution and its command to impose regulations and restrictions on Right to Freedom and Right to Life and Livelihood of citizens not through valid laws but by private agreements?
(g) Admittedly, salt manufacture had been delicensed. Whether, is it not a defiance of the will of the Legislature for the Executive to introduce indirect licensing through backdoor by compellingsalt cultivators to enter into lease with the Government?
(h) The suit property has been in occupation of the defendants and their predecessors in title much prior to the introduction of the licensing system under Bombay Salt Act, 1873. Whether, the averment that the defendants have the right to manufacture, remove and the sale of salt in the suit property because of the licence granted by plaintiff does not amount to willful misrepresentation?
(i) The Archival records and the records of the Salt Department show that ground rent has been a levy, as a special contract in terms of Section 45 of the Bombay Land Revenue Code, in lieu of land revenue assessment. The salt officers have been collecting this levy as a matter of convenience for being credited to the accounts of the Land Revenue Department. The salt work lands under this system of revenue realization have recorded as Mithagar to distinguish this special arrangement. These lands revert to ordinary survey tenure on the cessation of the lands being used for salt cultivation. Whether, in light of the above information, the averments that Revenue Records do not show any assessment against the suit land and thatthe defendants have been paying ground rent to the Salt Department in recognition of its ownership, do not amount to willful misrepresentation?
(j) Archival records inform that the term‘private salt work’ was inclusively defined in Bombay Salt Act, 1890 as ‘the salt work not solely owned or not solely worked by the Government’ as a legal fiction or device so that relevant provisions of the Act could be extended to the Government salt works worked by lessees. Whether, the denial of title of the defendants on the basis of the legal fiction provided in a law repealed in 1944, amount to willful misrepresentation?
(k) Order No.1733-B, Rules for disposing of the Application for permission to open new Salt Works,had been notified as executive instructions having no force of law. Only the salt works at Bhandup and one salt work at Mira were opened under the said Rules on the lands acquired by the Salt Department. Whether, the averment that said rules were notified under Bombay Salt Act of 1890 do not amount to willful misrepresentation?
(l) Whether, it is in public interest for the State to institute civil action against its citizens advancing pleadings contrary its knowledge in disregard to public policy, in particular the National Litigation Policy, and recanting the scheme of the Constitution and its commands?
4. It is respectfully submitted that findings on the questions of law as above are of far reaching consequences as there are a large number of litigation of similar nature pending before different courts. The Hon’ble Court would be better placed to render justice if all the relevant information is made available to it in the proper perspective.
5. Under these circumstances, I pray that the Hon’ble Court may kindly pleased to allow me submit before it the best evidence in the subject matter of the case and to render justice.
Solemnly affirmed at Kakinada on the 8thday December, 2011 and signed his name in my presence.
Before me
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The court is yet to decide the Petition. Yesterday, I have been served a charge-sheet, inter alia, alleging that filing of the Petition amounts to misconduct.
Does this action amount to Contempt of Court? Can I initiate appropriate action in the Court?
Dushyant Pandya
02 June 2013 at 14:36
Dear Sir/Madam,
Gender: Female
I am married with two children aged 15 & 11 years.
My Qualification :BA
My Occupation: Part time Faculty with English speaking academy (Remuneration 7500/-)
Father: Expired. Occupation, Retd IRS Officer.
Mother: Alive House wife Qualification:8th std Inherited Property from her father(No Male progeny,only two females).
Brothers: 2
Elder brother:
Qualification 12th fail (Sci, Arts & Commerce) looking after agriculture ( Agri land belonging to his mother and some gifted by his maternal grand father)
During last 15 years he tried so many businesses from the money of his maternal grand father, father & mother. Do not know the profitability. Investments made by my father & mother.
Younger Brother:
Qualification BE MBA(US)? Stayed in USA for almost 6 years. Do not know whether completed MBA.Money sent to him to USA by my father, during his stay at USA. He was working in TESCCO b'lore as financial executive. His education loan was repaid by selling the property of my father. Presently after death of my father resigned from the job and doing agriculture on the land of my mother. Staying in one of the houses of my father.
Sister: 1 11th std fail.Married to a Police Inspector.
Husband (Son of my fathers one only sister): Qualification: BSc.Was pursuing CA,however could not complete because of ill health.Operated twice on his head for his hydrocephalus within two years.Now working in a private co as accountant.
Parents in law:Retired teachers.Not staying with us for the last 10 years.
We are staying in our in laws house.
Iam born in Moola Nakshatra.My parents wanted to get rid of me as soon as possible. My mother forced me to get married when I was in 8th std.My parents had lots of difference and my mother went into deep depression and always stayed aloof frequently visited Psychiatrist. Childhood witnessed lots of disharmony. Our upbringing was done by neighbors and relatives. Father hardly stayed with us. Used visit us every 15 days, And always drunk heavily. Used fight harshly with my mother. They dragged me into the fight, my mother used to scold me for that. Due to this I went into depression and attempted for suicide during my college days.
My husband was career conscious and had rejected my marriage proposal (wish of my paternal grand father).I blackmailed him that I would die if I would not get married to him. He finally after 4 years agreed.
My marriage took place along with my brother commonly. My husband was still learning(CA).My father had said he will take the responsibility of us, as he wanted his son to get married as he feared that he will go astray. Just before marriage my father through a Muslim fakir suggested to my husband that my husband is not good for his daughter (me).
Lots of differences were created by my parents & brother between me, my husband and my in laws. My parents right from my marriage wanted that me and my husband to stay separately from my in laws. He (my father) even suggested me to come and stay with him. He was posted in the place I am staying (my in laws)today. He frequently took me forcibly by using my younger sister (16 years younger to me). It was I who took care of her and was deeply attached to her. He used this as tool and took away me from my husband. I was helpless in my father’s game. I was the pillar in my maternal home ,it was I who took care and bonded everybody before my marriage. After my marriage it was difficult for them to handle themselves. So they tried to keep me with them. Which I was not interested.
During this process lots of differences were crept in with my husband and in laws.
Just after our marriage my elder brother who was not interested in the marriage stared treating his wife very badly. My father took my and my husbands help to resolve the differences.
During this we lost our married happiness and also our career.
10 Years back I went into depression and attempted for suicide as my husband lost a job (after two major operations to his head) and my father had been repeatedly telling me that my husband's career is finished. He for one year constantly suggested my husband also to stay away from my parents citing that my parents are not good people.
For quite some time I was getting depressive thoughts and had shared the same with my husband who gave me lots of courage but it never helped me. On that particular day I had been getting that depressive thoughts and my husband asked me calm down, helped me to think properly, but I lost my control. I swallowed tablets of my husband as he was still on medication after his head surgery. My husband hospitalized me after I said I had attempted for suicide. My brother assaulted my husband in the hospital, as he was angry because my husband intimated few relatives. And my parents never visited me for 15 days. This caused lots of uneasiness for my husband.
After that a Psychiatrist had suggested counseling for me. My parents came and took me along with them for counseling. But did not and sent me back without counseling. This annoyed my husband very much. My husband knew about my suicide attempt during college.
After that things went worst. My father threatened my husband that he would kill him and my brother threatened of dowry harassment case against my husband and in laws and I too threatened my in laws. This caused to my in laws started living separately away from us with their daughter in the same city.
My father became very insecure about my life but my husband very self respecting man never asked any help.
Though my parents offered a House he rejected.
My husband with an intention to help me of counseling asked my parent the details of my 1st suicide attempt, but my parents denied the act that such event (my 1st suicide attempt) never happened. This has caused lots of doubts in my husband’s mind against me. My father had a opinion that my in laws tried to kill me, which is not correct.
Now my sister in law (brother wife) teased me that I sent out my in laws which was not true. That made me very upset. I requested my in laws to allow me to stay with them but they did not agree. I was very mush upset. I though that their daughter is influencing them against me. This has made my husband very angry, as he feels that it is not correct.
In the mean while I have teased my husband as sexually impotent after two children, as he was getting too tired after sex and avoided it. And also he had suggested me of sex transmutation during initial years of marriage, which made me very upset.
Now owing to the above he even doubts my character. He cites that my parents only have made me a liar.
Now my husband has shared all this with my parent & brother and no body is doing any thing for this.
Now the present status is that all the relatives are distancing from me. Even my husband has stopped living with me and not supporting financially.
Now mother, brothers want the maximum share in the property .
My father became blind after high sugar and was on dialysis for almost one year.
My Father’s Property:
Self made:
Two RCC Houses
Plots sold (?) when alive: Three and do not know the utilization of Consideration received on the sale proceeds?
House sold –Two, Beneficiary?
Do not know the utilization of his retirement benefits like PF EL Gratuity.
Do not the investments made by him in FD, Gold, and Silver.
My Mothers Property:
Agri land 20 Acre
Gold Silver and Investments in FD –Value not known
Utilization of My grandfathers, Investments, Gold and Silver not known.
Please guide me as to claim my share in the property. As compared to my brothers I have not been treated equally.
Dushyant Pandya
02 June 2013 at 14:15
Respected,
Writ Petition filed under article 226 and same was rule by Hon'ble High Court.
Willing to know effect and meaning of "RULE"
Please advise.
lissing perme
02 June 2013 at 00:29
Respect Experts,
Is Judgement in "Surya Dev Rai vs Ram Chander Rai & Ors on 7 August, 2003" by the Supreme Court of India is still a good law or it is Overruled???
Thanks in Advance
maninder
01 June 2013 at 16:43
i am working as regular employee under Punjab govt. I m facing a deptt inquiry for a false complaint against me. inquiry officer is acting under the influence of opposition. I have doubts regarding the facts against me, but inquiry officer is not providing me required information. I applied for information- copy of complaint, supporting evidence, copy of proceeding etc under rti act 2005 but he declined the demand under section 8 of rti act. what can I do now?
Siddhi Agarwal
25 May 2013 at 18:47
This post is only for those who feel cheated and fooled by rogue politicians or their cronies time and again. Pl. don't read if you are not among millions of such Indians who have faced similar situation:
We Indians are used, cheated and fooled by politicians time and again.
The Govt. of India has just started www.pgportal.gov.in for public grievances but it does not work for us as it is just a ploy to fool us.
Similarly when you send a complaint to PMO by e mail they promptly acknowledge and that is where the game end. Now that elections are near they have started sending letters saying the complaint is sent to concerned persons and these persons are deadwood least bothered with such letters as they just don't take instructions from PMO. You know why ? It is just to fool and brainwash masses.
Similarly, if you write to Chief Minister of Maharashtra his office ( where is time for him to read ordinary citizens mails as every hour is worth crores) forwards the mail to concerned secretaries who are least interested to act on these mails as they know it is done just to fool us.
The Lokayukta of Maharashtra is another big joke on the people. He is in deep slumber and if you approach personally his staff will ask " Tum chi olkhan hai kai ? Tum cha vashila hai ka? Worst still even if you are given an appointment you will be made to meet his peons and return with a feeling that even he is smart in fooling you and too busy protecting corrupt. His justification is that he just don't have desire and power to act against goons. He is just another lamb to fool the people spending crores every year from public money and nothing to talk about.
The lesson is that we are being ruled by perhaps the most corrupt politicians of our time who are just interested to loot us and when you complain they will gladly offer their urine which perhaps their family deserves first.
It is therefore time to send these rotten eggs to hell when next election come.
manmeet singh
18 May 2013 at 20:50
is necessary to translate in english to hindi of annexres which are in hindi to submit with SLP and appeals in Spreme Court of India?
please give your great opinion or advise.
Thanks
dhiru
18 May 2013 at 17:59
limitation for slp ended in summer vacation of supreme court , will holidays of supereme court can be counted in limitations....?
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Regarding caste certificate.
I am SC candidate having my caste certificates from Uttarakhand but i have changed my surname. I have also made a gazette certificate certificate from maharashtra. my query is the gazette should be made from place of current residence or from residence where caste is valid???