A.P.Rajagopal
24 August 2011 at 18:05
A citizen of india who has been appointed by president of india to serve as governor in one state and he has shifted his family from home state to serving state and his name in electrol roll has been deleted in home state and added in electrol roll of serving state.he had used his voting right in the serving state in the past election which had been held 5 months ago. meanwhile after serving state elections are over he applied for deletion of name in serving state election roll and obtained the deletion certificate from election department. he is going to continue his service in serving state for another 1 year but with deletion certificate he had applied for enrolling his name in home state electrol roll where election is due within 6 months. is it correct to excercise the voting right two times within 9 months that too in different states as per representative of people act? kindly clarify
Anonymous
24 August 2011 at 15:44
Classification has been made by judiciary as justified and unjustified strike. This concept is used to decide whether the workmen are entitled to wage during strike period?
Case law required.
Also strike is not a Fundamental Right Am i Right ? Is there any case law which say that strike is not a Fundamental Right or it is a Fundamental Right ?
Thanks
Anonymous
23 August 2011 at 17:41
Ld Counsels,
There is an adverse finding made by High Court in a proceedings against public prosecutor high court, about fabricating criminal records by the police.
The division bench without delving on this adverse finding confirmed the order of single judge and refused to give information to accused under RTI regarding fabrication.
Will this adverse finding operate as a res judicata against the accused in agitating during trial that the criminal records are fabricated.
The accused have taken departmental action against the police. Will that be overlooked due to the adverse finding.
Please calrify.
Anonymous
23 August 2011 at 15:18
am a law student and have participated in moot court where in i am from the petition side. the case is regarding the anti corruption bill i.e. inclusion of lokpal bill. please guide me to what all strong points i can take and fight as a petitioner. also let me know if there are any provisions where in the prime minister be held responsible for the crime.
Anonymous
23 August 2011 at 10:16
Sir,
1. Kindly tell about the risk involved in filing application or appeal to First Appellate Authority of University, or to Chief Information Commissioner, UP State Information Commission ? What point should I care when I took steps ?
2. When making appeal to First Appellate Authority of university on basis of not receiving any response from PIO of university, even after 35 days after the confirmation date of delivery by Department of Post, Should I put a postal order and making application like normal RTI Application ?
If so from the first appellate authority what should be under the head "Information required" ?
3. What is the process to send a letter by insurance ? What are benefits of sending something by insured post.
Thanks & Regards.
AR
dnyaneshwar
22 August 2011 at 22:49
"how much is private" there are several debates with respect to the right to privacy and technologies such as surveillance cameras,why you believe that technology does or does not violate the right to privacy of an individual.
Anonymous
22 August 2011 at 16:56
Whether membership of Bar Association is a mandatory requirement for practicing as an Advocate in any Court/High Court and if so, the relevant rule/provision may kindly be stated. If not, any case-law for the same be given.
Further, in how many number of Bar Associations, an Advocate can become member. Whether Advocate can simultaneously be a member of District Bar Association and also the High Court Bar association ?
pratik
21 August 2011 at 14:59
Today, if there is an allegation of corruption against any Supreme Court (SC) or High Court (HC) judge, an FIR cannot be registered and investigations cannot be started into those allegations without the permission of the Chief Justice of India (CJI). Experience shows that Chief Justices have hesitated in giving permissions, despite overwhelming evidence of corruption being presented against any judge.
Historically, even those Chief Justices, who have been well known for their honesty, have not granted these permissions. For instance, Mr. P Chidambaram sought permission to register an FIR against Justice Sen Gupta of Kolkatta High Court. Permission was sought from the then Chief Justice of India, Justice Venkatachaliah, who is very well known for his integrity. However, Justice Venkatachaliah did not grant permission. Was the evidence against Justice Sen Gupta strong enough? The strength of the evidence can be gauged from the fact that Justice Sen Gupta was raided and arrested soon after he retired because after retirement, permission of CJI was not required!
There are many more instances when permission for registration of FIR has been denied. Some such cases are mentioned below:
Despite overwhelming evidence, request of the Campaign on Judicial Accountability (represented by Shanti Bhushan, Prashant bhushan, Ram jethmalani, Justice Rajender Sachhar, Indira jaisingh, Arvind Nigam etc) seeking permission to register an FIR against Justice Bhalla of Allahabad High Court is pending before the Chief Justice of India since 2006.
Similarly, the request of Campaign for Judicial Accountability and Judicial Reforms seeking to register FIR against Justice F I Rebello is pending since September 2010. Therefore, the present system of seeking permission from the CJI to register an FIR against a judge of SC or HC appears to have protected the corrupt and encouraged corruption in higher judiciary.
CASE LAW & OPINION ON THE ABOVE MATTER REQUIRED.
Thanks.
PARTHA SARKAR
20 August 2011 at 23:52
My wife have taken a rented house and living with a person without marrying him. She not only cheated with me but also did fraud with the Govt. Through RTI I have obtained information from the office of the father of my wife mentioning her father’s recruitment was as General Category employee and have no marking indication in his service book. On the contrary my wife managed SC certificate by the way of misrepresentation etc. and secured WB state Govt. jobs. Departmental proceeding failed as the DM of Dakshin Dinajpur submit his cryptic report to the Women & Child Development & Socail Welfare in response to my complaint addressed to the Secretary of my wife Dept. mentioning that the certificate is actually issued by the competent authority SDO, Balurghat and confirmed the genuineness of the certificate thus her Dept. closed the matter. Kindly advise if I file Writ of Qua-Warranto I have to disclose my matrimonial issue otherwise it will be suppression of facts on the other hand if I disclose the matrimonial issue she will defend the case that the conduct of the case is malafide. Thus the case may be rejected and she will get escape and real issue such abject abuse of constitutional provisions will be under carpet and will never expose. RTI has certain limit kindly advice to expose the truth.
Secondly if I try through criminal procedure (forgery) one problem will come against public servant section 195 Cr.P.C. etc. may arise. Kindly advice I wrote many departments and direction memo have proved meaningless. State vigilance enquiry is still on the process but the said Anti Corruption Officer is under the said DM. One hearing date I have received on next month with the said SDO but RTI have limitation to expose such fraud.
Kindly advise to expose the fraud towards my next course of action.
Regards
Partha Sarkar
Sarkar.partha@rediffmail.com Mobile +919038506359.
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Dismiss without prejudice.
the below matter has been said by the lawyer in our state to by client so i want to known the meaning of it & is there in our indian law system if yes than any case on it
In a Letter Or Notice if the above words are mentioned on the top of the Letter Or Notice.
"Without Prejudice OR With Prejudice Or
Privilege OR Privileged "
What it is the meaning of the Words if mention under the letter or notice.
I have heard that if any of this words are written under the letter or notice than it seems that it is not for the interpretation and also not for the legal evidence in the court.That the letter is not use for the evidence in the court & also cant interpreted it.
Also Pls Tell Me With Us Expert advice What do this words means & Can be Written Under any Stamp paper or affidavit.
"Without Prejudice OR With Prejudice Or
Privilege OR Privileged "
Also in india dismiss without prejudice or without prejudice words are used in a judgment if yes than as per the dismiss without prejudice means what?
Thanks