Anonymous
20 November 2011 at 07:21
Dear Experts,
This query is to get your independent opinions regarding Sections 34(1),(2)and (3) of Wildlife Protection Act 1972 visa vis Arms Act 1959 and fundamental rights. Wildlife Protection Act 1972 can be read at http://envfor.nic.in/legis/wildlife/wildlife1.html
My position will be that arms are fundamental right under Articles 19 and 21 supported by reasoning put forth in following links and High Court judgements as well as but not limited to doctrine of precedence, natural justice, strict scrutiny etc.:
1) Judgements of High Courts http://indiansforguns.com/viewtopic.php?f=4&t=15638 and http://indiansforguns.com/viewtopic.php?f=4&t=15639
2) http://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp
I want to establish Sections 34(1),(2)and (3) of Wildlife Protection Act 1972 to be unreasonable, superfluous and ultra vires.
Following is the zist of my reasoning:
Section 34(1) and (2) of Wildlife Protection Act 1972 are putting unreasonable, unnecessary and needless burden on arms license holders when arms are already well regulated under Arms Act 1959 and information about all arms license holders in the area is already present with the District Magistrate.
Liberty is guaranteed under Article 21 of Constitution. Liberty includes not be be put under unnecessary, unreasonable burden, harassment or insult. Arms licenses or exemptions from licenses are issued to law abiding citizens by following the due process of law and putting all of them under unreasonable burden and suspicion amounts to treating them like criminals is affront to them and their Liberty guaranteed by the Constitution. Chief Wildlife Warden without any reasonable suspicion asking all arms license holders to line up at his office under Section 34(1) and (2) of of Wildlife Protection Act 1972, amounts to insult and harassment of arms license holders.
If he ever has credible evidence about violation of Wildlife Protection Act 1972 with help of arms against any person, he is anyways free to request information related to arms license from the District Magistrate or file a case in appropriate court of law.
Moreover since arms are a fundamental right, the Chief Wildlife Warden can safely assume that since arms are fundamental right, every citizen who is not barred by law from possessing arms, is in possession of arms. Section 34(3) is ultra vires and superfluous since arms are fundamental right under Articles 19 and 21 of Constitution and hence every citizen unless disqualified under Section 14 of Arms Act 1959 is entitled to keep and bear arms as per law. Where is the need to require concurrence of Chief Wildlife Warden when there is already a provision for police report about the arms license applicant?
Sam D'costa
20 November 2011 at 01:07
We want to take land situated in mumbai on lease from maharashtra govt.
We are presently occupant on said land from past aprrox 35 years. Said land is small part of the major land area which have been sold by the owner whose name is on property card and 7/12. This small portion remained undeveloped due to our possession and we dint allowed builder to take our land. but now we heared that the said portion of land have been kept vacant because he used it for FSI. So we believe that know the said land belongs to govt.
We are paying NA for this land since 1981.
We do not want to go for declaration procedure claiming adverse possession due to time and fund consuming process. Instead lease will be better option.
Kindly suggest process and applicable acts, regulation to refer.
Thanking you
raj
18 November 2011 at 20:58
1.what are the documents require for 80g registration?
2.Where one can apply for FCRA?
3.for 80g registration what will be the balance sheet if trust is two months old?
Jolly James 9447287658
18 November 2011 at 20:23
my grand father died in the year 1962. He had one son and 4 daughters. My mother died in the year 2008. Which provision I can claim share over the property.Wether Marumakkathayam is applicable in the above matter. case from kerala
Prashant C Chaudhari
18 November 2011 at 18:14
to clarify my query dated 16/11/2011 to respected sir i would like to point out/clarify that earlier in gujarat by virtue of a notification the Reference is required to be made by deputy Labour Commissioner but by notification dated 2001 the said pawer are vested with the Labour Commisioner only. now if deputy Labour Commissioner made a refernce in 2001 after notification and the same has not been challenge by the managment in Hon'ble High Court then at present whether the court can reject the reference in the ground that the same is made by incompetent authority or wht will be the remedy for workmen?
Anonymous
18 November 2011 at 15:28
Dear Expert,
The record with the Trademark Office has a date of dispatch of TM 5 on 25.02.2011 and the client must have received it after that, however the client is unable to provide the exact date as to when actually the TM 5 was received.
Now the TM Office says that the 2 months stipulated time to reply back has to be counted from the date of dispatch of TM 5 from Trademark office for applicant has expired. If that is the case then the stipulated time ends on 25.04.2011 (2months).
Now being the month of November 2011 the application will be abandoned in due course. The same is still as opposed in the public site.
My question before you is whether there is any way TM 6 can be filed on this date.
Secondly whether the date of dispatch of TM 5 is to be considered correct.
What is the remedy to save the application.
Or should a new application be filed as no intimation was sent from the Trademark Office in this regard.
Pls advice.
Regards and Thanks in advance
Anonymous
10 November 2011 at 22:33
Dear sir/madam
My self Madhavan.G from karnataka ,professionally engineer right now preparing for Indian civil services exams (IAS),my query is what are the relevant documents required to come under OBC.
In my fathers cumulitive card issued by state SSLC board in 1969, caste is mentioned as Hindu(Satani) which comes under OBC in central as well as state .But my father as not made any caste certificate till now. I have also not mentioned my caste in my school days,but based on my fathers cumulutive card i made OBC certificate during my engineering admission and right now i have caste certificate issued by respective tahashildar of my area.
Right now i am applying for Civils (IAS) whether the above documents is sufficient ?
Should i tell my dad to apply for caste certificate based on his cumulitive card.
how do come across caste validity certificate?
Here is the procedure for caste validity certificate
Application for (Caste) Validity Certificate
• The applicant has to present an application Form No 1 for authentication of caste to the Caste Verification committee of the District.
• The Caste Verification Committee will investigate the records from school, certificates of family members, and verification of other appropriate materials.
• If all the above mentioned record establishes to be in order the said committee will grant caste validity certificate in Form No. 1A within one month from the date of application.
• Where the said Committee does not issue the certificate in stipulated time, for such delay the Deputy Commissioner of Dist may intervene.
• The certificate issued by the said Committee shall be legitimate for the purpose of employment and education.
• The Caste Validity Certificate is legal and valid until it is revoked or until he converts his religion.
My query is ?
1) My father has not made caste certificate ,he has only his cumulitive card which says he belongs to hindu caste satani which comes under OBC. should he apply for caste certificate based on his cumulitive card ? if yes what is the procedure.
2)For caste validity certificate caste has to mentioned from school days , but i have not mentioned any were in school . i applied my caste and made my caste OBC certificate only during my Engineering admission based on my dads cumulitive certificate. but above form 1a says caste has to be mentioned fromm school , how can i change that now?
3) We match all the criteria for caste hindu (SATANI) which is 3B.
4)Please advise to satisfy conditions for FORM 1 A for caste validity certificate, bcoz i am preparing for civils tomorrow it should not be a problem.
my id madhavan.shree@gmail.com
Amit
10 November 2011 at 16:12
Dear Sir,
As far as I know for Hsg.Co-op.Society there are sale deed (between individual member and builder) and conveyance deed (between all members of society and builder) and is to be executed
But if i buy a residence on open land where there is no society is there any conveyance deed, apart from sale deed.
Kindly let me know.
Thanks,
Regards,
Amit
Anonymous
09 November 2011 at 01:16
Hi
First i would like to tell you the family structure. My grand father has 6 sons & 3 daughters. My father is 2nd eldest son. My grand father has one house in delhi with 3 floors including ground.He called my dad to write his will as he had maximum trust on my dad. According to the will, house is divided between his three sons, i.e. ground floor to my dad , 1st floor 2 his 5th son & 3rd floor to 6th son. Rest sons were given shops. That will has signature of my grand father, 2 withness which is my nanaji n my dad'z frnd. This will was made 40 yrs back & after 1 yr of the will, my grand father passed away. Even after few yrs my grand mother & nanaji, who withnessed the will also passed away. But that will does not have signature of any sons & daughter of my grand father. 40 yrs back my dad had his job in lucknow. so, he shifted there and constructed his own house there. For the time being he gave his ground floor portion to this 4th no. brother to live as he has no house & no son. My dad thought, there would be no compulsary acqusition of his portion as he has no son. But his 4th n 5th no. brother joined hands together & they are not ready to leave the house. The 5th no. brother has one son & has own 2 houses. He is greedy & says that 'will' is fake. He has power & money. He feels if we are going to take any action then he will prove the will fake as it does not have signature of all sons & daughter.
As we are thinking to shift in delhi & want our house back. Please suggest me what can i do in this case. Even one witness is alive. We want to take an action as soon as possible as he is aged. Even 3 owners of the house as per the will including my dad is paying property tax since 40yrs.
pls pls suggest me, so that i can help my dad.
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Acess dispute
sir our property is land locked no way to go from the north,east we have a gate in the west side of our property but the land owner that side has blocked our way by keeping a coconut tree in the way when we ask her to remove it she started say the gate is not shown on your house plan so this is not your way
now on the south side there is the gate shown on our house plan but there was no access initially,
now a builder has build an entire society there without leaving his own wall he has taken our wall and left 3mts from there saying the wall does not belong to one person it is mutual wall
then he gave us in writing on his stamp pad that he wont block our access since we were thinking of going to court
then later he gave us in writing the same on a stamp paper but did not sign on the registrar office we ask some lawyer if this is good enough they some said its good enough to fight the case while others said it wont stand any good after one year
now we had got our road access marked from the pda for a proposed road
now since his building is complete and people are already staying the builder is saying he wont allow us to pass our sewage through our access
can he prevent us from passing sewage through the access????
can the society block our access in the future???as on our plan that is the only gate shown from where we can pass
is there anything we can do??
what should we do??