Anonymous
16 April 2011 at 10:54
respt sir/madam,
1)recently in d.v. case for maint. filed by my wife the jmfc has ordered some amount as interim relief. against this i filed a stay appeal but on the contrary wife also filed to increase in interim relief with the same false repeated allegations against husband and in laws.
2)here d j cancelled the appeal of husband and upheld the appeal of wife with order double the interim relief passed by jmfc.
however in both the places the court didnt called for domestic incidence report.
3)now i have decided to appeal in the high court with following points please help valuable suggestions to larger public interest-
-a)prayer to high court to order the trial court to use the power of crpc 310 to visit the place to find out the truth.
-b)to order trial court to take the cognizance against the wife and her parents u/s 340 of crpc. as husband is willing to take the responsibility, to prove the false statement made by wife, by using the power of court to attend the place of husband residence as per sec 310 of crpc.
-c)to explain the meaning of interim relief into the larger public interest with the co-relation of provision of sec.12 of d.v. act which requires to call for domestic report before passing any order.
-d)a contempt of court petition on the basis of false allegation and fraudulence action taken by wife to put the court in motion with false papers on oath.
please help me how to draft a hight court appeal that attempt will not result into dis-faith in the judiciary and the high court may not take some wrong presumption over smartness of husband or his counsel for the appeal to visit the place of crime alleged by wife but i am experiencing the same in this courty.
can make respondent both the judges i.e. jmfc and dj for their deliberate ignorance towards non calling of domestic valiance report even the husband has submitted the appeal in writing to call for such report
please tell me what kind of sections to be applied in appeal to high court in this regard.
ishaniduggal
15 April 2011 at 16:57
can fundamental rights be amended??? is it even valid if it takes away any of teh fundamental rights...
ishaniduggal
15 April 2011 at 16:56
can preamble, the object of the Constitution be amended???
Anonymous
14 April 2011 at 18:40
Does PIO card holder has Right to Information under RTI Act, so that he can apply to know the status of some long pending files concerning his own application like driving license application etc.?
As per my understanding he can since he is seeking information that is concerned to his files only.
Reason why I consider him eligible under RTI Act for his own application is that Freedom of Speech and Expression is also covered under Article 21 and law for enabling Article 19(1)(a) cannot be in contravention to Article 21.
Please correct me if I am wrong and give your views.
If he cannot use RTI act, inorder to know the status of his application, can he get the same application done by Indian citizen?
Anonymous
14 April 2011 at 10:42
X (Female) is appointed as teacher in Govt School on contract basis in Backward Class(BC) Certificate on Aug 2009. X was married with Y (Male) in Oct 2008. Y is Scheduled Caste(SC). X name was registered in Y Ration Card on May 2009. X prepare their BC certificate on Jul 2009 with his father old Ration card photostat in which the name of the X is lies. But actually in May 2009 X father struck out his name.
Y prepare the SC Certificate of X in Dec 2009 with his ration card in which name f the X is add in May 2009.
Now X has 2 certificates, one is BC on which X is appointed and second in SC.
Is the BC certificate of X is valid or not.
or
Is the SC certificate of X is valid or not.
Anonymous
13 April 2011 at 20:41
PRACTICE & PROCEDURE IN SC says that No Advocate-on-Record may, without leave of the Court, withdraw from the conduct of any case by reason only of non-payment of fees by his client. But it is also applicable in any cases in the court which is sub – ordinate court to the SC. & also to any tribunal. That the advocate cannot withdraw from the conduct of any case by reason only of non-payment of fees by his client. If a advocate is practising in the SC than he/she can’t practise in any other court sub – ordinate to the SC ?
No person having an Advocate-on-Record shall be heard in person in SC except by Special Leave of the Court. So it means that if we file a SLP & the advocate is not advocate on record as per the SC practise & procedure guide than also can he/she can plead in SLP & any Writ Petition ?
thank.
Anonymous
12 April 2011 at 23:46
my aunt migrated to pakistan in 1948,during partition of the country,she never came back to india to resettel here .does she have any right to her parents property in india.
Anonymous
12 April 2011 at 17:57
1) Enrolled in district bar. Than only u can file writ in HC&SC so can a advocate be enrolled both in state bar council & also in district bar council ? if yes can u have the section as per the advocate act, 1961. Also what does the distric bar stands for as I know state bar council but what about district bar ?
2) Any case (other than those being filed by person in person) before the SC can be filed only through the AOR (advocate on record) . so what is the actual meaning of (other than those being filed by person in person) & In SLP, PIL are compulsory should be filled by AOR or any other advocate can do ? also what does the line means that (In fact the cases will be listed only in the name of the AOR) & the court sub – ordinate to SC the cases will be listed in the name of what ?
thanks.
Anonymous
12 April 2011 at 12:51
I want to have a passport for myself but the problem is that I am having a live in relationship with a women since 20 yrs now we hv two kids also .everyone knows that we are husband wife only we know we are not legally married...now I want to ask what do i have to write in the passport form ?SINGLE or what?wht do i hv to write i am so confused?what if the police of LIU come and ask who is she coz ?what do i have to tell becoz my neighbours dont know abt us?so how to convince them?plss help
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PIL/ Writ against a development authority in a city
Dear All,
I would like to seek your opinion on the following: -
We have a registered association of 20000 flat owners in a city, to be developed by the local development authority. The private builders are constructing the flats in the said area and have either already given possession of flats or will be giving in due course. The entire area comes under the local development authority, who has to develop the basic infrasturcture like Road, Severage, Water supply etc.
Our concern is that the local development authority is giving assurance from time to time for development of the said area but no development is even initiated since last 4-5 years. Moreover, to this effect, the local development authority has already received the EDC/IDC charges from the flat owner through their respective builders which must be above to the tune of Rs. 2000 crores.
In this event, what would be the best recourse against such local development authority. Should we need to file an appropriate Writ Petition to enforce our fundamental rights in various notifications issued by the said local development authority regarding development of the said area and to get appropirate directions from the Court to direct the said local development authority to develope the area in a stipulated time.
Pls suggest.