Anonymous
05 July 2011 at 19:48
The Doctrine of Basic Structure of the Constitution was invented by Supreme Court. Pls post the doctrine here.
Subordinate Legislation means in simple terms.
Legislation by incorporation & legislation by reference a simple example & difference between them .
Thanks
Anonymous
01 July 2011 at 18:30
Dear Experts, if any one of you could provide a link or upload a sample writ petition to Supreme Court under Article 32 of Constitution.
Anonymous
27 June 2011 at 21:44
Which section says that law enforcement agencies can tap phones for security reasons more than 72 hours without the permission of union home secretary or principal secretary (home) of state? What do u mean by inspector general rank officer? As this officer can give orders to do so.
But if they don’t get a nod form the top on the fourth day, they will have to destroy the call records within 48 hours of getting the response form the authority. But which authority? Which section says that they have to destroy the records within 48 hours if they don’t get the nod? Nod means the permission or approval?
Pls elaborate it & i have heard that there is a SC guidelines for taking the permission & each everything till destroying the call records SC has given the guidelines so can i have the guidelines.
Thanks
tarun
13 May 2011 at 16:19
respected members,
on my complaint a case us 148/149/323/452/506 was registered against accused persons, but on the same day accused persons inflicted some injuries on their body with friendly hands and got showed a fracture on the left hand index finder, got medically examined and a false cross case registered against us u/s 148/149/323/325/506, after about one month of the incidence (DDR was recorded on the complaint of accused persons on the next day of incident but false cross case was registered after about one month), POLICE AND ADDITIONAL S.P IS HELPING THE ACCUSED PERSONS, i on the next day of incident write, s.p of city and C.M.O of civil hospital that injuries are self inflicted, and once again after 15 days demanded for medical board examinations of accused persons, and after 5 months again demanded medical board and forensic expert medical examination of accused persons that injuries are self inflicted, but no action has been taken by S.P, CMO, DGP, IG etc on my application for appointment of medical board and forensic expert. now challan is yet to be presented against both of us parties in the court of JMIC, can i give an application before JMIC, before filing of challan by police for appointment of medical board ???? Can JMIC, give Directions to police before filing Challan for appointment of Medical board ??? is JMIC is competent to order for appointment of medical board for the examinations of accused persons to know that injuries are self inflicted with friendly hands or not ?????? plz guide, challan of police is yet to be presented
Anonymous
13 May 2011 at 13:31
This query arose after reading the following thread http://www.lawyersclubindia.com/forum/Value-of-anonymity-in-true-democracy-36790.asp
It talks about 1995 U.S. Supreme Court ruling in McIntyre v. Ohio Elections Commission.
My question is do we have similar rulings from our Supreme Court protecting anonymous free speech and expression?
Anonymous
25 April 2011 at 21:09
OPINION Required in Depth If Possible With the Relevant Case Laws of SC Only.
1) SEZ (Special Economic Zone) Act cannot be changed by the Finance Act.
2) Invoking the theory of promissory estoppel according to which if a promise is made by the government in the shape of a notification or declaration and if the financial commitment is made I pursuance of the promise, there is no way in which the government can back out from the promise. So we can say that promissory estoppel is applicable to any branch of government or any state government & also to the central government.
3) The SEZ Act was made by the Commerce Ministry & not by the Finance Ministry so the finance ministry can’t change or amend any act which was passed by the commerce ministry. Is there any provision under Constitution Of India, 1949.
Especially on point no. 2 & 3 the case law is required & respected opinion is also required.
Thanks.
Lt COL R S shekhawat
21 April 2011 at 09:47
statement of case for ;-
Grant of Ex-Service men status and ensuing benefits to Honorably Retired \released\Discharged officers of TERRITORIAL ARMY alike Non pensioner SSCO & ECO
The Member of the Territorial Army being integral part of INDIAN ARMY are subject to INDIAN ARMY ACT 1950 governed by - DEFENSE SERVICE REGULATION, Regulations for the ARMY, PENSION REGULATIONS 1961 .
Officers in the TERRITORIAL ARMY are holding commission ,granted by the president of INDIA with designation of Rank corresponding to those of Indian commissioned officers of the regular Army , Granted Gratuity on their honorable retirement\ Discharge\Release after 05 years of aggregate embodied service / or 10 years of commissioned service alike Non pensioner SSCO\ECO
Yet are not granted EXSERVICEMAN status
ON CONTRARY
Non pensioner Short Service Commissioned Officers .
are treated as Ex-servicemen, on their discharge with Gratuity after 05 year commissioned service. inclusive of their pre-commissioning training period as CADET.
Honorably retired officers of TERRITORIAL ARMY are awarded Gratuity at par with All retiree of Indian Army which constitute one class. It is not LEGAL to single out certain persons of the same class for differential treatment. Denial of Ex-Service men status and ensuing benefits has created a class within a class amongst ALL honorably retired officers without rational basis and, therefore, becomes arbitrary and discriminatory.
judiciously commissioned Officers cashiered\ court marshaled \ discharged dishonorably on disciplinary grounds from Indian Armed forces are denied of Ex-Service men status and ensuing benefits
as per ARMY pension regulation Part-I 1961;- Gratuity is an kind of pension However, honorably released with Gratuity from TERRITORIAL ARMY are excluded from consideration as Ex-servicemen without any valued reason
Existing definition, laid down by the Department of Personnel & Training(DOP&T), Ministry of Personnel, Public Grievances & Pensions, which has been in vogue since 01 Jul1987,
Ex-servicemen;-
;-Who has served in any rank whether as a combatant or non- combatant in the regular Army, Navy or Air Force of the Indian Union but does not include a person who has served in the Defense Security Corps (DSC), the General Reserve Engineering Force (GREF), the Lok Sahayak Sena and the Para Military Forces
-The personnel of Territorial Army (TA) who are pension holders for continuous embodied service, persons with disability attributable to military service and gallantry award winners released on or after 15 Nov 1986 are eligible to status of ex-servicemen.
Pension & Gallantry award ;- are the compulsory criteria - for the personnel of Territorial Army to attain the status of Ex serviceman which can neither be assured Nor Guaranteed & seems practicably unfeasible abiding the Role\ service concept of Territorial ARMY
Denial of EXSERVICEMAN status to Honorably RETIRED (with gratuity ) officers of Territorial army is an open affront to their Reckonable embodied service rendered for national defense,& is wholly arbitrary, discriminatory and violation of Article 14 of the Constitution.
services of Territorial army personnel in comparison to other Indian armed FORCES personnel is neither inferior nor services required by the Indian Armed Forces are superior to Territorial army
Indian Army is composed o those who have undertaken definite liability for military service, viz, combatant troops, administrative service/departments and enrolled non-combatants-The Army Comprises of-. The Regular Army; The Army Reserve
& The Territorial Army - Authority:-Defense service regulation
Definition of ex-servicemen:
Eligibility to the status of ex-servicemen of ex-Armed Forces personnel is governed by the definition of ex-servicemen issued by the Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions. The status of ex-servicemen of ex-Armed Forces personnel is decided based on the definition in vogue at the time of retirement/ release/discharge of the personnel.
The first definition of ex-servicemen had been notified by the DOP&T in 1966 and subsequently it was amended eight times.
Definition of EX serviceman As per the existing definition, laid down by the Department of Personnel & Training(DOP&T), Ministry of Personnel, Public Grievances & Pensions,
which has been in vogue since 01 Jul 1987, an ex-servicemen means a person:
;-Who has served in any rank whether as a combatant or non- combatant in the regular Army, Navy or Air Force of the Indian Union but does not include a person who has served in the Defense Security Corps (DSC), the General Reserve Engineering Force (GREF), the Lok Sahayak Sena and the Para Military Forces
services of Territorial army personnel when compared to other armed personnel is neither inferior nor services required by the Armed Forces are superior to Territorial army .
When this is the position, to deny the status of EXSERVICEMAN to Honorably RETIRED Defense personnel’s of territorial army is wholly arbitrary, discriminatory and violation of Article 14 of the Constitution.
" Territorial army is an integral part of Armed Forces", for the purpose of Article 33 of the Constitution of India.
But the discrimination in grant of Ex Serviceman status
Therefore, this is submitted before you with a sole aim to bring the most genuine grievances of Honorably Retired \Released\Discharged NON pensioners\Gratuity holders of TERRITORIAL ARMY with in the purview of EXSERVICEMAN status at par with SSCO.
Anonymous
20 April 2011 at 17:51
Marutiudyog ltd vs. Ramlal (2005) 2 SC 638.
&
In CIT vs. B.R. Constructions (1999) 202 ITR 222 (AP) CFB.
&
SC in South India Corp Ltd vs. Secretary Borad of Revenue.
Required the whole case in detail pls any one provide me. It is not there in indiankoon.com so pls do the needful
The citation gives the non - obstante clause interpretation by the SC in depth.
Also as i am a student of law compeleted just 2 months of LLB i would like to know that which journal can i purchase yearly & form where in State of maharashtra as i am wholly interrested in the civil cases & After LLB planning to do LLM in civil law . ANy book which gives more info of LAW & Act.
Thanks.
Anonymous
18 April 2011 at 23:25
can any one explain step by step (whole procedure) in appointment of high court judge someone from the bar?
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Repealing Act, 1870 ?
Repealing Act, 1870
"1. Repeal of Acts
Repealed by the Repealing Act, 1870 (14 of 1870),
But this Repealing Act, 1870 (14 of 1870)is not traceable.
What does this Repealing Act, 1870 is? Why it is said that it is not traceable? A I have tried in google but I cant find out the Repealing Act, 1870.
What does this Repealing Act, 1870 what to say?
I have came to know that if any act is been repealed then after repealing that act should be mentioned under this act.That xyz act has been repealed.
Eg: BCD act is repealed then this act after repealing should be mentioned under the Repealing Act, 1870 that BCD act has been repealed.
Thanks