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Tarun Vohra   19 May 2011 at 14:52

Domestic Violence Act vis a vis constitutional rights

Acts such as the Domestic violence Act were brought in to prevent exploitation/harassment of wives largely from dowry related violence. The aim was to protect women largely from lower/lower middle class households.

I'm not sure to what extent this has succeeded, but it has given rise to a rather disturbing trend in the middle/uppermiddle class of our society.

Women/wives ( especially in the metro cities) now have husbands at their complete mercy and are blatantlly misusing these rights to intimidate their spouses. They are flooding the courts with ficticious and trumped up charges to extort large amounts of money from their husbands .

This is not an exageration. I've spoken to a number of lawyers ( both men and women) and they almost uanimously confirm the same.

Amazingly, this Act contravenes the inherant principle which says that a person is innocent until proven guilty. This Law unfortunately works on the exact reverse- the husband is assumed to be guilty until proved innocent!! It gives the wife rights over the husband's entire family and they can even be imprisoned without charges being proven against them.

Also, this seems to be aimed at only at women in a particular age group ( of marriageable age). Mothers /ladies who are senior citizens are at the complete mercy of the wives whom these laws are supposed to protect !

I also think this violates constitutional rights under Sec 14 and 21.

I'd be grateful for your opinion and would also like to file a PIL in the Supreme Court challenging the legitimacy of this draconian law.

Anonymous   16 May 2011 at 12:04

ARTICLE 311 (2)

Dear Sir,

I wish to knowif autonomous bodies such as India Trade Promotion Organisation (ITPO), Centre for Development of Advance Computing (CDAC), Society for Applied Microwave Electronic Engineering (SAMEER), NCERT, CSIR, Kendriya Vidhyalaya, etc set by various Ministry,under the control of Govt of India and who are enlised under Central Administrative Tribunal (CAT)jurisdiction comes under Article 311 (2)as Govt employees. If so are there any Supreme Court latests ruling declaring the employees of the above autonomous bodies are protected under Article 311 (2).

Kindly enlighten me on the above subject.

Regards

G.K.Pillai

Rama mohan Acharya   14 May 2011 at 16:12

ARBITRATION

On completion of a contract, the contractor had invoked the arbitration clause. accordingly the arbitrator had been appointed by tthe competant autority. The contractor attended few proceedingd. Duribg the last proceeding, the arbitrator suggested for conciliation among parties. The process took some time. Now the contractor is not attending the arbitral proceeding in the pretext that he had filed an application under section 11(6) of the Act for appointment of new arbitraor. can he do so. What shall the arbitrator do now? since last 5 proceeding the copntracto is not attending the proceedings.
kindly advise.

PARTHA SARKAR   13 May 2011 at 23:58

How can I avoid locus-standi problems to file writ of quo-warranto at Calcutta High Court?

I want to file a writ of quo-warranto at Calcutta High Court to expose abject abuse of constitutional provision regarding issuance of fraudulent caste certificate and subsequently secured jobs , WB STATE Govt. under reserved category by a general category person. How can I avoid locus-standi problems to file writ of quo-warranto at Calcutta High Court? I am having prima-facia evidence collected through RTI.

Regards

Partha Sarkar
sarkar.partha@rediffmail.com
+919038506359/9681353300

Anonymous   13 May 2011 at 23:57

How can I avoid locus-standi problems to file writ of quo-warranto at Calcutta High Court?

I want to file a writ of quo-warranto at Calcutta High Court to expose abject abuse of constitutional provision regarding issuance of fraudulent caste certificate and subsequently secured jobs , WB STATE Govt. under reserved category by a general category person. How can I avoid locus-standi problems to file writ of quo-warranto at Calcutta High Court? I am having prima-facia evidence collected through RTI.

Regards

Partha Sarkar
sarkar.partha@rediffmail.com
+919038506359/9681353300

Bhawani Mahapatra   13 May 2011 at 17:24

Authority of Municipal Chairperson

Can a chairperson, who is an elected member, of an urban local body(namely Municipality)issue notice(s)/correspond for enforcement of law/statute/order to a private company/individual?
If so, under what provisions of law ? If not, how can we challenge his authority

Anonymous   13 May 2011 at 09:17

How can I aviod locus standi problems to file writ of quo warranto at Calcatta High Court?

I want file writ of quo warranto at calcutta High Court to expose abject abuse of constitutional provision regarding issuance of fraudulent caste certificate and subsequently secured WB STATE Govt. jobs under reserved category by a general category person. How can I aviod locus standi problems to file writ of quo warranto at Calcatta High Court? I am having prima-fecia evidence collected through RTI.

Want to attached documentary evidence but due to technical problems pdf file unable to attched. Please provide me seperate e-mail id I will send details.

Regards

Partha Sarkar
sarkar.partha@rediffmail.com
+919038506359/9681353300

Jimmy   12 May 2011 at 01:26

Indian Citizenship

My friend's father was a citizen of India, he was born here and also completed his education here; after marriage he settled in another country and applied and obtained the citizenship of that country.
Now his child (my friend) wants to become a citizen of India, how does one get that and where can I find the help to follow up on such procedures and advice for the task

Suhail SHahbazker   11 May 2011 at 16:28

VIolation of Code of conduct of election

NO appproval is allowed after the election dates are declared. The election dates are declared on 17th April. Final List was effected imediately and the election programe is fixed on notice board. After displaying all election formalities after 15 days the outgoing Managing Committee took SGM (in the name of emmergency) and got approved some proposals. Just to appease voters and to give bad impression of those who opposes.
Is it not violation of code of condcut. Under what section of the election rules and guide lines. .

Monica   11 May 2011 at 12:54

Domicile

Hi,
I belong to Punjab and had a Punjab domicile. Six years ago, I was married in Haryana and hence, now I have a Haryana domicile as well. I need to know that can I apply for a govt. job in punjab with the punjab domicile that I earlier had?

Regards,
Monica.