Swami Sadashiva Brahmendra Sar
15 September 2009 at 15:18
Two writ petitions have been allowed by the High Court by a common judgment. The State has filed SLP in the supreme court in respect of only one writ petition.
Now, the question is :
1) Can this action of State be challenged on the ground of arbitrariness? If so, by what proceedings?
2) Whether a preliminary objection in the SLP can be raised that, the State can not arbitrarily deny benefit of judgment to petitioners in only one case whereas, other similarly situated petitioners in other petition are being allowed to enjoy the fruits of judgment and therefore the SLP is not maintainable?
3) Is the SLP barred by principles of Res Judicata as the impugned has attained finality as not being challenged in respect of identical and connected writ petition?
riven
PRAKASHCHANDRA MARU
11 September 2009 at 23:56
hello all learned experts
in our city generally parents of the child send the children by the passanger chakdo rixa for the school but now question is that they all rixa owner haved monopoly and exploit all parents and recover the extra vacation fees and also take too much rent for the drop of the students and also takes more students in the rixa more than capacity and also harrash tothe parants can we can take order for the standerfair rent) for the monthly period as well as bombay rent act
regardsriven
SRIPRAKASH BHATTACHARYA
11 September 2009 at 09:21
11.09.2009
DEAR SIRS,
OURS IS LARGE CO-OPERATIVE HOUSING SOCIETY IN HAVING 264 MEMBERS. WE ARE COVERED BY THE WBCS ACT, 1983 AND WBCS RULES, 1987. EVERY THREE YEARS WE HAVE A NEW BOARD COMPRISING OF SIX DIRECTORS AND DEMOCRATICALLY ELECTED BY GENERAL MEMBERS. THE LAST ELECTION OF DIRECTORS WAS HELD ON 13.07.2008.
DURING CONDUCTION OF THE LATEST AGM ON 06.09.2009 (WITH PERMISSION OF DRCS) THE PERSONS WHO LOST THE LAST ELECTION IN 2008 ALONGWITH SOME OTHER MEMBERS DID NOT ALLOW THE SECRETARY TO READ OUT THE SECRETARY'S REPORT AND SAID THAT THEY WILL NOT CONSIDER AND APPROVE THE BUDGET. AS OUR BUILDING (14 NOS.) ARE NEARING 16 YEARS OLD AND SINCE GETTING ENTRY, NO MAJOR REPIR HAS EVER BEEN CARRIED OUT, SO THE PRESENT BORAD HAS KEPT A PROPOSAL FOR MAJOR REPAIRING AND HAS ALSO INCLUDED THE PROPOSED COST OF REPAIR IN THE BUDGET TO BE CONSIDERED AND APPROVED BY GENERAL MEMBERS.
THOUGH IN THE WBCS ACTS, 1983 IT IS SAID THAT 'IN CASE THE BOARD FAILS TO PREPARE AND PRESENT THE ANNUAL BUDGET IN THE AGM THEN THE GENERAL MEMBER TEHMSELVES WILL PREPARE A BUDGET AND APPROVE IT.
UNFORTUNATELEY NOWHERE IT IS WRITTEN IN THE ACTS NAD RULES AND IS SILENT ON THE MATTER THAT 'WHAT WILL AHPPEN IF IN CASE A BUDGET (WHICH INCLUDES PROPOSED YEARLY EXPENDITURES AS WELL COST OF PROPOSED EXPENDITURES FOR MAJOR REPAIR )PREPARED BY THE BOARD IS NOT CONSIDERED AND APPROVED BY THE MAJORITY'?
THE YEARLY PROPOSED BUDGET IS MORE OR LESS SAME OF LAST YEAR, DULY APPROVED IN THE LAST AGM.
KINDLY LET ME KNOW WHAT TO BE DONE IF IN CASE THE BUDGET IS NOT APPROIVED. REQUEST ALSO IF THERE ARE ANY CASE LAWS ON SUCH ISSUE.
SHALL BE GRATEFUL FOR A KIND AND EARLY REPLY.
Sriprakash Bhattacharya, KOLKATA
bhattacharyasriprakash@gmail.com
Mobile: 91+9836310615
riven
sanjaygarg796@gmail.com
10 September 2009 at 19:13
Sir,
In the year 2005 a criminal complaint was filed under PNDT Act against the dealer who sold out one Ultra sound Machine to a person on the basis of documents produced by that doctor in which he claimed that he had already applied for registraton and also appointed a Competent Doctor. later on it was found that the person who purchased the Machine not a doctor and he obtained the machine on the basis of forged documet. A criminal complaint was filed by the CMo against the doctor as well as sellor of the machine . But on the day of filling of complaint there was no notification in his favour. whether complaint is maintainable?riven
chandranil S Belvlakar
09 September 2009 at 16:33
Dear Friends
Can a non advocate ( ordinary person) represent in court for an on behalf of accused in other words as an attorney.as the constitution has given right to be represented for himself.
please provide with case laws
riven
Abhishek
07 September 2009 at 23:58
i have to prepare a moot court on the topic.does right to life include right to die?
for that i have to prepare a slp so that it should be admitted...i am favouring that ridht to die should be included under art21riven
anusha
05 September 2009 at 23:21
is state domicile reservation in educational institutes valid???
the other party's contention is that " indian constitution is not having any feature which supports the state domicile".
mkm
05 September 2009 at 10:16
i want your help regarding this moot problem.......
Intra –Moot Court Problem
Mr.Sudhakaran is the son of Mr.Raghunandan, Managing Director of Biocon Pharmaceutical Industries which is having the turn over of 200 crores per annum and having its registered office at Cochin. Mr.Sudhakaran met with an accident on 18th August, 2009 at 10 am while travelling in a Maruti Suzuki Swift on the Trivendrum and Cochin Highway. He sustained severe intestinal damage and contusion of the Liver as well as ancillary injuries including two broken ribs, dislocation of the lower jaw, two broken fingers and a broken wrist. He was taken to the Apollo Hospital in Trivendrum at around 12 noon where the doctors advised Mr.Raghunandan to take his son to Mayot Hospital in Chennai which is the only multi speciality hospital available in India to deal with the special cases like Mr.Sudhakaran’s. They also advised Mr.Raghunandan that his son has to undergo operation within twenty four hours else, his son will suffer paralysis and may succum.
In pursuance of that, Mr.Raghunandan called Mayot Hospital, Chennai and the operation was fixed at 2 pm on 19th August, 2009. The doctors at Apollo hospital, Trivendrum informed Mr.Raghunandan that his son has to travel with artificial life support system. Mr.Raghunandan immediately contacted Mr.Avinash, the agent of Kingfisher Airlines at Trivendrum for booking the flight tickets by explaining the condition of his son.
Mr.Avinash booked the tickets for Mr.Raghunandan in Kingfisher Airlines from Trivendrum to Chennai via Bangalore transit ticket which scheduled to take off at 4pm on 18th August, 2009 and also informed him about the arrangements he made with the Kingfisher Airlines for carrying on the life saving machine till Bangalore and mentioned that the further arrangements in the connecting flight shall be made by the Kingfisher Airliness personnel.
The Kingfisher Airlines is an Airline operating with in the airspace of the republic of India having its registered office at Commerce House, Fort, Mumbai. Mr.Raghunandan reached the airport along with his son who is with life supporting equipment by 3pm on 18th August, 2009. At 3.30pm only he saw that the ticket contains a clause 2.2 stating that “the bearer of this ticket certifies that he/she is in a fit condition to fly and is not suffering from any health problem which may be a hindrance to his travel”. Mr.Raghunandan along with his son boarded the flight at 4pm on 18th August, 2009. Exactly at 5.30pm it reached the Bangalore airport where Mr.Raghunandan was asked to wait for the Jet Airlines flight which is scheduled to take off at 7pm on 18th August, 2009. Around 6.45pm the Jet Airlines officials informed Mr.Raghunandan that as per Cl.8 of the memorandum of understanding between the Kingfisher Airlines and Jet Airlines, “all the passengers flying from Trivendrum to Chennai via Bangalore will be regularly boarded in the Jet Airlines and all the norms and conditions of the Jet Airlines will be applicable to those passengers”. Further the officials informed that as per terms and conditions in Cl.8 “the bearer of this certifies that he/she is in a fit condition to fly and is not suffering from any health problem which may be a hindrance to his travel”. So, they can’t board his son into the Jet Airlines flight.
Mr.Raghunandan pleaded with the Jet Airlines authorities to take note of the seriousness of his son and requested them to allow their travel. He also pleaded for the life of his son by mentioning that they have already travelled from Trivendrum to Bangalore by the Kingfisher Airlines and Jet Airlines is having a contractual obligation to carry them to Chennai and also briefed about that arrangements made at Trivendrum Airport by Mr.Avinash and the promise that he made they can travel along with life supporting machine in the Jet Airlines also. Inspite of all the plea by Mr.Raghunandan, the officials refused to board hi
pavan
04 September 2009 at 18:46
Kindly let me know the total number of amendments till 2009 to our Indian constitution.
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Whether the PIO's rejection order is valid?
In the undermentioned reply I could not understand whether the information is provided or rejected. The only difference in rejection is that the PIO has not mentioned word Rejected. I hope that PIO has refused to give information to the appellant on a baseless ground rejecting each and every point.
I received the following reply from PIO of Dena Bank. Kindly look in to the matter.
1. DATE OF APPLICATION: JULY 31, 2009 SIGNED & POSTED ON 1/8/09. Forwarded on 03/08/09 by Supdt. Post offices, Kapurthala. Would have been delivered on 4th or at the maximum on 6th of Aug at Panchkula.
2. Not got reply from PIO the First appeal sent to FAA on 7/9/09. Which has been forwarded by Post Master vide his acknowledgement letter that the same has been posted on 8/9/09 which has been delivered to the PIO and FAA both at their respective addresses on 9th or maximum by 10th of September.
3. I received the under-mentioned reply by PIO today on 15th Sep vide Courier service. The date mentioned on the letter is 12/09/09 but no date has been marked by courier service.
4. Kindly suggest what should I do now.
Rajneesh Madhok
Dena Bank
North *******
Pan******
Tele*****
To
Sh:
Dear Sir,
Ref: Information sought by you under RTI Act 2005,
We refer your letter dated July 31, 2009 received at our Pan Regional office on 12.08.09 in the caption matter. We are furnishing parawise information as required by you.
1. Kindly provide me the policies of Dena Bank regarding TDS deduction from its Fixed Deposit account holders in the following turne.
a.On which date the interest on Fixed deposits had been credited to account holders of Dena Bank in the session 2008-09.
Ans: Normally the interest is credited on quarterly bais or as per the mandate of the customer.
b.On which date the TDS has been deducted on the Fixed deposits account holders of Dena Bank in the session 2008-09.[/size]
Ans. The TDS is deducted at the time of making payment or provision of the interest.
c.Kindly provide the name, address and telephone number of the offfcials who manage the software installed at Dena Bank Phagwara.
Ans: Bank is functioning through its employee under designation and not by their names. Hence the information sought by you can not be provided.
d.Kindly provide me the information that how many account holders of Dena Bank had been credited with the interest twice in the session of 2008-09.
Ans: The information sought by you disproportionately divert the resources of the Bank and hence exempted u/s 7(9) of the RTI Act 05.
e.Kindly provide me the amount of TDS deducted twice from the Fixed deposit account holders of Dena bank due to system’s fault and the amount such deducted had been deposited in Income Tax department.
Ans: The information sought by you disproportionately divert the resources of the Bank and hence exempted u/s 7(9) of the RTI Act 05
f.Kindly provide the policies of the bank under which it has been mentioned that wrong deduction of TDS should be claimed by the customers themselves.
Ans: Excess amount paid as tax is to be claimed from Income Tax Department by filing IT Return.
g.Kindly provide me the information that how much customers have been affected with the wrong calculations of Dena bank and how much amount had been wrongly deducted by Dena bank from its customers.
Ans: The information sought by you disproportionately divert the resources of the bank and hence exempted u/s 7(9) of the RTI Act 05.
h.Kindly provide the action taken on the officials on whose negligence the said software had been installed. As it is CBS system fault it means lakhs of customers had been affected with the wrong calculations of interest. What action has been taken by Dena Bank for the negligence of the Bank officials.
Ans: As per RTI Act, 05, Public Information officer is not obliged to answer queries.
2.Dena bank is bound to disclose the procedure and system failure. Kindly provide me the recovery procedure of the curiven