mohsinvehdani
10 April 2015 at 03:47
My son has been falsely implicated in a criminal case and the trial court is reluctant for the last two months to hear his application for acquittal before trial concludes. I have filed a constitutional petition for issuance to direction to the trial court. High Court says that the petition should be filed by my son (accused) or by his counsel as I have no locus standi. I need some precedents whether a father of (unmarried and dependent) accused or a family member can approach the court for a writ?
deepika
05 April 2015 at 12:36
please help me out of this moot problem:
panchamuki river starts in kerala, flows through it for 160kms and crosses tamilnadu, runs through it for 285kms and empties into the bay of bengal. the state of kerala decided to build a large dam across the river at irungnalakuda. the project has already started and is awaiting clearance from central water commisssion, ministry of environment and forest and ministry of welfare. tribal people of five villages living on the banks of the river in the state of tamilnadu, fearing the consequences, formed an agitation committee under the "tribal protest forum" and filed a case against the state of kerala in the Supreme court challenging the dam project on the following grounds.
1. the dam project will cause ecological imbalance and violates their right to environment.
2. their livelihood is affected.
3. they will be displaced since the dam project will submerge their villages.
4. their place of worship will be destroyed and hence the project is violative of their religious right.
5. kerala's action is violative of the Forest Rights Act.
I HAVE TO APPEAR FOR THE RESPONDENT- THE STATE OF KERALA.
I HAVE MANY DOUBTS WITH THIS PROBLEM:
1.WHETHER A STATE CAN BUILD A DAM WITHOUT THE PERMISSION OF THE CENTRAL GOVERNMENT?
2. IS THERE ANY CASE LAW TO BE CITED FOR THIS MOOT PROBLEM?
3.please frame issues for this problem for the respondent?
Mithun Sharma
04 April 2015 at 20:35
is this decision has retrospective effect for old cases.
JUDGEMENT is in Attachment File
Gourav Modi
28 March 2015 at 20:14
Can a donor of a political party claim refund under the Indian constitution?
tejaclinton
16 March 2015 at 16:05
i belong to bc-c dalit christian i have applied under general category for upsc exam 2 times if i convert to hinduism will court give me sc caste status am i eligible for sc reservation jobs if i apply for upsc exams as sc candidate aftter attempting for 2 times as general candidate my parents are sc hindus
laxmikanth
14 March 2015 at 21:54
Sir,
The residential apartment which is badly suffering with lack of ground water and purchasing tankers throughout the year continuously. however, some nearby individual houses are providing municipal water connections. The flat owners are paying municipal taxes, but the municipality is denying to provide water connections for each flat by saying they will provide only five connections to the apartment where 48 flats are constituted. Is it just and legal. The flat owners does have any right to get connections individually.
mumthasashraf
13 March 2015 at 21:07
sirs,
i have an important question to ask you all on the legal sanctity of a budget passed today in kerala state assembly.
today , finance minister km Mani was supposed to lay the budget on table. but, there was an accusation of bribery case against him. hence, the opposition has already said that they will not allow Mr. KM Mani to present the budget. As expected, today kerala assembly witnessed a lot of rotten scenes .Finance minister Km Mani and speaker were interrupted from entering to the house . but, finance minister came back on the second floor and read the budget from another MLA's chair and declared that the budget has been passed.
subsequently, the speaker, who was admittedly , not in the house, latter said that he has given permission to the finance minister to present the budget, in his absence.
secondly, chief minister also contented that finance minister has requested for the change of seat, from his regular seat to that of another MLA and he , in turn has forwarded the request to speaker and he has already allowed it also.
so, on these two points, the the budget is legally valid.
if the opposition prevents the finance minister and speaker from getting the budget passed, in such cases also, whether the procedures as laid down in legislative rules have to be strictly complied with ?
whether a slight deviation will make the budget invalid ?
if it is allowed, then every opposition will try this unscrupulous method in future .
SO, BREIFLY EXPLAIN THE PROCEDURE OF PRESENTING A BUDGET BY FINANCE MINISTER IN STATE ASSEMBLY ? AND , WHEN, MINOR DEVIATIONS IN THE PROCEDURES ARE ALLOWED ? HOW IT CAN BE PASSED, WHEN OPPOSITION PREVENTS THE MINISTER AND THE SPEAKER AT THE ENTRANCE ITSELF ?
ANY CASE LAWS ?
MUMTHAS ASHRAF
shrikant manjrekar
13 March 2015 at 05:58
Hi everyone,
.
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Can a foreign citizen file writ petition in india ?
I am working on a matter where an Indian citizen acquired citizenship of Canada.
Now when he came back to meet his relatives, he has been refused to enter India due to some misconception of him being involved in some anti social activities by the Ministry of External Affairs. A writ petition was filled on the issue and On reply from ministry they have just stated that he is involved in adverse activities and secondly writ petition is not maintainable by a foreign national. Petitioner is not involved in any criminal activity in India or in Canada as per the records form Canadian and Punjab Government.
Kindly help me out with the issues.
A. Maintainability of a Writ Petition regarding a foreign national. ( Please support your point with any Supreme Court Judgment ) as it would be really helpful for me.
B. They have mentioned him being involved in adverse activities but have not mentioned exactly what they really mean by that. So how should I go ahead with that, should I file a R.T.I asking the same?