Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vijay Pandey   02 May 2011 at 16:34

PIL under Article 226

Dear Sir

Please can the forum provide a draft format of Public Interest Litigation under Article 226.

Regs

Vij

Member (Account Deleted)   29 April 2011 at 17:29

Self Contained Code

What is a self contained code?
Please give a few examples...

What is its implications?

If there is a contention regarding the interpretation of such a code, how is the process different from other acts ( i.e to bring out its true meaning)??

Thank you very much for your time.

Regards.

Anonymous   29 April 2011 at 17:11

validation of ACT, passed by parliament


Sam co. and ABC co. together have
about 45% of the existing market share in operating systems in the Europe. Sam
co. developed X-Operations bundled with software applications in
Games and the ABC co. developed Y-Operations bundled with software
applications in Entertainment for use in the Personal Computers. In order to enhance
their market share, these companies entered into an agreement on 1.11.2008 to
exclusively share the ‘interoperable’ properties, so that the user of X-Operations
can transfer data to Y-Operations and vice versa.
The Antitrust Division of the Europe Department of Justice initiated civil proceedings on
10.12.2008 against the Sam co. and abc co.. for indulging in
anticompetition and monopolistic activities by bundling software applications in the
operating systems and then entering into an agreement for exclusive sharing of
interoperable properties.
The Sam co. and ABC co. decided to sell their products in India
through their partly owned subsidiaries TC ltd and DC ltd
respectively (as in both the subsidiaries 20 percent of the equity shares were held
by Indians). Advertisements appeared in the print and electronic media highlighting
the features of X-Operations and Y-Operations and their exclusive
“interoperable” compatibility.
Simultaneously, the Government of India received a report from its Embassy in Europe informing about the harmful effects of X-Operations and Y-Operations
on the Indian market. The existing market players in India also petitioned
the Government of India and submitted that these operating systems will have a
prejudicial effect on their market share. In view of this, the Government of India acted
quickly and promulgated an ordinance on 1.1.2009 which was replaced by
an Act of the Parliament viz. Prohibition of the Entry and Sales of X-Operations
and Y-Operations Act, 2009 banning the entry and sales including
licensing for a period of 2 years.

I just want to know….
1.Whether, the Parliament has competency to pass the Act of 2009?
2. whether, the above Act violates article 14,19 and 21 of constitution?

Anonymous   29 April 2011 at 16:46

responsibility to proove .


r/sir,
I was a member of an a.o.p and I had
retired from that a.o.p.in 2003.A public announcement had been made but the copy of announcement is not in my possession and it is with rhe remaning members who are not co operative.I have the copy of dissociation from that a.o.p.Now in a case I may have to produce
the public announcement.what should I do?
Can I File an affidavit in this regard.

your Prakesh

bhushan singh charan   25 April 2011 at 21:01

jheel sarkashan fee

whether without publication of notification in official gazztan leavy fee for conservation of lakes? pls refer judgment in support of answer

Anonymous   25 April 2011 at 17:19

removal of intangible assets from India

I have an Indian-born client who is a USA citizen. The couple has assets in India and I have several questions regarding the disposition of these assets. They have a trust set up in the US and I want to know whether the plan of disposition outlined in their trusts would be applicable to property In India. What would be the process in India for the transfer of ownership of the assets at the death of a relative to my clients? What process in India for the transfer of ownership of my clients assets at their deaths? Is there any restriction on the removal of intangible assets from India if received as an inheritance?

Anonymous   24 April 2011 at 16:29

Can victim of violent crime demand monetary compensation and penalty be imposed on State?

Dear Experts can victim of violent crime like murder kidnaping, rape etc. demand monetary compensation from State and penalty be imposed on State?

As per my understanding it is not possible because Right to Life under Article 21 is a negative obligation of State. Also citizens have Right to Self Defense under Article 21 which they can excersise to safeguard their Right to Life.

Moreover our Part III of Constitution has been lifted from US Bill of Rights. US Supreme Cout in DeShaney vs Winnebago County, 1989 has said "the Constitution does not impose a duty on state and local governments to protect the citizens from criminal harm"

Is my understanding correct or incorrect from the point of view of law?

Anonymous   24 April 2011 at 10:57

difference bet writ petition and appeal to high court

please explain difference between writ petition and appeal to high court in the following subject-

wife granted ex party interim relief in d.v. act.

all allegations are false as happen in max cases

max in laws are booked in both alleagation ie.498a and d.v.

all relatives of husband compelled to attend court matter from 500 k.m. away

wife siting at her town court spents only rs. 10 and husband side losses money more thatn rs. 3000/- for each date.

advice please to any legal action against wife and appeal or writ petitions difference .

Anonymous   22 April 2011 at 20:52

Pls Take the time & provide me the info.

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.

Thanks.

Anoop Koneeri   21 April 2011 at 19:02

role of C A G

how far the comptroller and auditor general of India succeeded in its role of ensuring good governance and curbing corruption in administration?