Anonymous
05 May 2024 at 10:26
I have 2–3 cases in Delhi High Court. I am looking for a reasonably priced Counsel with good legal skills for them.
NAGARAJ
05 May 2024 at 06:19
DEAR SIR,
Specific performance suit decreed in my favour... Now I have filed execution petition.... Jdr not come forward to execute the sale deed... Now I need to file application for appointment of court commissioner before the court.to execute a sale deed in my favour. kindly let me know the proper provision under CPC..
THANKING YOU
Anonymous
04 May 2024 at 22:15
Sir,
According to the Article 102 of Constitution of India a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder. But, under this clause the following explanation is provided.
Explanation- For the purpose of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.
Therefore a Minister in the Union Government/Government of India is not a disqualified person to contest the Lok sabha election and hence he can contest election without resigning his Minister post. Similarly a Minister in any State Government is not a disqualified person to contest the Lok Sabha election and hence he can contest election without resigning his Minister post.
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The Parliament has enacted very important Act (as required under the Article 102 of Constitution of India) to declare that certain offices of profit under the Government shall not disqualify the holders thereof for being chosen as, or for being, members of Parliament in the name of the Parliament (Prevention of Disqualification) Act, 1959.
According to the section 3 of the Parliament (Prevention of Disqualification) Act, 1959 any office held by a Minister, Minister of State or Deputy Minister for the Union or for any State, whether ex officio or by name shall not disqualify the holder of office though it is falls under the office of profits under the Government of India or the Government of any State for being chosen as, and for being, a member of Parliament.
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Here it is pointed out that according to the Article 102 of Constitution a Minister of Union Territory (Puducherry, Delhi and Jammu & Kashmir) is disqualified candidate for being chosen as, or for being, a Member of Parliament since a Minister of Union Territory is not holding the office of profit under the Union Government and any State Government.
Further it is pointed out that according to the Section 3 of Parliament (Prevention of Disqualification) Act, 1959 a Minister of Union Territory (Puducherry, Delhi and Jammu & Kashmir) has not been declared as an office that not disqualify the holder thereof for being chosen as, or for being, a member of Parliament.
Therefore a person holding the office of profit in the capacity of Minister in the Union territory Government is disqualified candidate for being chosen as, or for being, a member of Parliament.
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My query:
Recently the Election Commission of India has completed Lok Sabha in Puducherry union territory on 19-04-2024. In Puducherry one person holding the Home Minister, Education Minister, Power Minister, Industries Minister and etc in the Puducherry UT Government, who is actually a disqualified person for being chosen as, and for being, a member of either House of Parliament has filed nomination and contested the election as Bharatiya Janata Party’s candidate.
As an elector of Puducherry Parliamentary constituency I have lodged complaints with the Election Commission of India, Chief Electoral Officer, Puducherry and Returning Officer, Puducherry. But, no one authority has taken action on my complaint and given reply to me even though my complaints registered with ECI’s online portal.
In this connection I want to know the correct legal position on my contention in this matter i.e. whether my contention is wrong or right? If right can I file a PIL or Election Petition in the interest of public to cancel the election at Puducherry. Please clarify me sir.
Thanking you.
Yours truly,
P.Veerappan,
Puducherry.
Shahu
04 May 2024 at 09:31
Hello sir
I Shahu Sandeep pagar studying in 11th want to change my name on 10th board certificate
In that my name's spelling mistake is there it's Shahoo Sandeep pagar and now I want to do shahu Sandeep pagar please can you help me in that process
Vasudevan
03 May 2024 at 16:32
Respected Learned Experts. I had lost a case in the trial court. An appeal has been filed in the High Court. My trial court advocate wishes to continue as advocate before High Court also. However, some of my well wishers are advising to engage some other lawyer as the trial court advocate may be having only narrow vision of approach based on the trial court argument. I don't have any misunderstanding with my trial court advocate and I had settled all his fees for the trial court services. Whether change of advocate in the High Court is advisable for an elaborate fresh view by some other advocate? Kindly give me a professional advise in the matter. I reiterate that both my advocate and myself have no issues between us and all his professional fees have been paid fully by me. Thanks in anticipation to one and all in the forum.
HARSHIT BAJAJ
03 May 2024 at 16:25
I'm seeking clarity on property tax obligations for a building under construction in Delhi for two years . No tax was paid during during that two years, prompting a notice. HOWEVER TAX PAID IN current year and onwards when construction completed Are there exemptions or discounts in property tax rates for such properties under Delhi Municipal Corporation Act or circular notifications? Clarification on these provisions will aid compliance and resolve the current notice. Please provide guidance on this matter.
Anonymous
03 May 2024 at 13:14
As i am strudied from class 1 to 10th in 'X' school but this ' X' school don't affiliated with any 10th board so all the 10th class students of this school give 10th Board through 'Y' school every year and in my 10th marksheet and certificate school name is written 'Y' .....so in attestation form which school should i write school 'Y' or school 'X'
And in form they are asking for
Educational Qualifications showing place of Education with years in School and Colleges since 15th year of Age
Gormy15
02 May 2024 at 21:36
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Manju
02 May 2024 at 18:56
Dear Sir,
Kindly let me know the proper cpc provision for appointment of court commissioner in execution proceedings to execute a sale deed in favor of Decree Holder in a specific performance suit.
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Gift deed validity if done without knowledge of other heirs
Respected sir, we have a Mhada flat which was in father's name post his death transfered in mother's name . We are 3 children can my mother gift deed it to my brother without other 2 siblings knowledge to counter that what should we do ?