Surender Oberoi
12 December 2009 at 13:42
Dear Hon'ble Members,
Can any Hon'ble member of legal fraternity enlighten the applicability and/or restriction of the judgment delivered by the Apex Court in TMA Pai Foundation Vs State of Karnatka AIR 2003 SC and Islamic Academy of Education & Anr Vs State of Karnataka AIR 2003 (6) SCC vis-a-vis Coaching Centres
and /or a consumer - a student with any coaching centre ?
Sunny Honey
12 December 2009 at 13:29
A PIO DISPENSES THE INFORMATION CONCERNING A PERSON,(HAVING RELATION TO A MATTER IN RESPECT OF WHICH A DEPARTMENTAL ENQUIRY STANDS PENDING) TO A INFORMATION SEEKER UNDER RTI ACT, 2005.
SINCE THE RULING AVAILABLE IN THE CASE OF SARVESH KAUSHAL vs F.C.I. AND OTHERS 243/ICPB/2006 AND 244/ICPB/2006 CLEARLY HIGHLIGHTS THE FACTS DULY GIVEN CONSIDERATION BY THE AUTHORITY BEFORE WHOM SUCH ISSUE WAS PENDING THAT --- NO DISCLOSURE IN CASE OF PENDING DEPARTMENTAL ENQUIRY (AS IT WAS COVERED BY SECTION 8(1)(J) OF THE RTI ACT, 2005.
NOW SINCE THE PIO HAS DISPENSED THE INFORMATION RELATING TO A MATTER IN RESPECT OF WHICH ENQUIRY WAS PENDING, CAN THE PERSON WHOSE INFORMATION IS SO GIVEN BRING OUT AN ACTION FOR DAMAGES IN FORM OF DEFAMATION AGAINST THE PIO FOR GRAVELY VIOLATING THE PROVISIONS OF THE RTI ACT / OR GROSSLY VIOLATING THE DUE CONSIDERATIONS ARRIVED AT BY THE AUTHORITY DECIDING SUCH ISSUE IN THE AFORESAID RULING.
AN URGENT REPLY IN THE MATTER REQUIRED.
Sunny Honey
12 December 2009 at 13:15
As per the provisions of Section 8(1)(j) of the RTI Act, 2005, PIOs are restricted from dispensing with any private information relating to a person/individual. NOW WHAT IF, THE PIO DISPENSES WITH SUCH PRIVATE INFORMATION CONCERNING A PERSON TO THE THIRD PARTY I.E.(INFORMATION SEEKER) IN AN RTI APPLICATION,
1) CAN THE PERSON WHOSE INFORMATION IS SO SENT BRING OUT AN ACTION FOR DAMAGES AGAINST SUCH PIO BY FILING A CRIMINAL CASE OF DEFAMATION AS GOVERNED BY PROVISIONS OF SECTION 500 I.P.C OF 1860 ?
2)IF NOT, WHAT RECOURSE THE PERSON (WHOSE INFORMATION IS SO GIVEN HAS, TO TEACH THE PIO A LESSON(AS THE PIO HAS RELEASED AN EXEMPTED DISCLOSURE GOVERNED BY SECTION 8(1)(J) OF THE RTI ACT, 2005.
AN URGENT REPLY IN THE MATTER WILL BE HIGHLY APPRECIATED.
MAIL ME EARLY...THANKX
Anonymous
12 December 2009 at 12:29
sir,
my father-in-law expired last year. his heirs are two sons and a daughter(who is divorced and living with us). my father in law owned a garment shop in which my husband was doing business with him since 20 yrs. my brother in law had got seperated(not legally) and was running another shop which is in my husband's name.my father in law did not make a will
after his death my husband took a new trade licence and vat registration on his name and started running the business
now, my brother in law is suddenly coming in the shop and demanding that he too has rights to sit and do business from this shop as it is running much well comparitively. the elders of the family tried to make him understand, also we tried with some monetary settlement but of no avail. we filed for an injunction order in the court, of which the proceedings are still going on. my question is that will the injunction order be granted,how long can the proceedings go.and due to which points can it be cancelled or revoked.
thank you. pls reply at earliest.
Anonymous
12 December 2009 at 12:28
sir,
my father-in-law expired last year. his heirs are two sons and a daughter(who is divorced and living with us). my father in law owned a garment shop in which my husband was doing business with him since 20 yrs. my brother in law had got seperated(not legally) and was running another shop which is in my husband's name.my father in law did not make a will
after his death my husband took a new trade licence and vat registration on his name and started running the business
now, my brother in law is suddenly coming in the shop and demanding that he too has rights to sit and do business from this shop as it is running much well comparitively. the elders of the family tried to make him understand, also we tried with some monetary settlement but of no avail. we filed for an injunction order in the court, of which the proceedings are still going on. my question is that will the injunction order be granted,how long can the proceedings go.and due to which points can it be cancelled or revoked.
thank you. pls reply at earliest.
saswati gupta bagchi
12 December 2009 at 12:20
What is the document from which I can judge whether a partnership is a registered partnership firm or an unregistered partnership firm and how to judge from the document
Hari.K
12 December 2009 at 12:10
I retired after attaining the age of superannuation (i.e.) 58 years. I am getting past service benefit under FPS1971 is Rs.382, & pension of Rs.1207/-.My eligible service was 32 years.My past service upto 15/11/95 was 18 years. Actual service after (pension scheme implemented)15/11/95 was 13 yrs. 8 months 11 days. But EPFO Chennai, has taken into account my pension service only 13 years. When I asked them they told that they have received orders from Govt. from February 09,as it should be taken as pensionable service only 13 years. Hence I am losing 8 months 11 days of service and proportionate pension amount. Will it be correct?
NAYAN THAKORE
12 December 2009 at 11:39
Madam / Sir
I have only put the query on 2 occasions and on both the occasions the question I asked was different.
There is no need for anybody to be upset and I am not joking at all
My present query is CAN YOU PROVIDE ME NAMES OF LAWYERS CONVERSANT WITH PROPERTY LAW IN MUMBAI SUBURB OF ANDHERI.
It is a major problem if one has to look for accomodation when one is near retirement age and prices have skyrocketed
Thanks and regards
Nayan
Anonymous
12 December 2009 at 11:35
Sir,
i had named my baby boy in the birth certificate in Chandigarh. Now due to some problem I want to change the nae but the Chandigarh Birth & Death department says that I can not change the name of my minor son. Sir, please suggest me how can I change the name. Please tell me about the procedure and legal documents used and also their wordings.
Thanking you
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Can a person use, any paper of assessment order by an civil
Dear All,
I want to know that Can a person use photocopy of any paper on behalf of them suit has been done after assessment order (Case resolved) by an civil court again for suit.
If yes what is the procedure.
Sanjeev