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How to fire back 498a 406

Page no : 2

NATARAJAN IYER (Proprietor)     02 September 2015

@ Jothish Kumar

 

Please be informed that NO JUDGE is bound by any ruling of any court.

 

The fact that the Apex Court's Judgements are usually drawn as a reference and adopted as a guide-line,is more due to the fact that the burden is less on the presiding judge since there already exists an earlier verdict in a similar case.

 

Case to Case, the difference is one too many.

 

So, essentially the focus has to be on LAW ( The Legal Aspect as codified ) and judgements in other matters are not to be held as mandatory to refer to and adopt.

 

Any advocate, good at his job, can circumvent paths created by the judiciary and drive the case on it's own unique path, without any reference drawn to any earlier judgement.

 

There are few advocates, very few, to be honest, with such capability.

But I have seen and met those rare few here, at Bangalore.

 

You just need to re-build your case in such a way that it revolves around the codified law and not on SIMILAR judgements.

 

That is not rocket science, but you need to have stamina coupled with the capability, in the court hall, to convince the judge that your case is worth giving some additional time since you have barely relied upon or totally not relied upon any earlier judgements but this case has travelled on it's own unique path and you are opening up that path in the court-hall for clarity on the unique aspects of your case.

Sudhir Kumar, Advocate (Advocate)     02 September 2015

Originally posted by : NATARAJAN IYER
 

@ Mr.Sudhir

 

Can you kindly review ?

 

The question WHY is usually not said to be admissible, in RTI files.

 

WHEN ? You say this is not admissible.

 

Since we are now in the era of TIME-BOUND-SERVICES and CITIZEN CHARTER for the services, from the Govt.Departments, can you review and share any available piece of info/ document where it is explicitly stated so ?

 

It would be helpful to all, since RTI is the life-force of all citizen-government-system interactions when a dispute arises, or even otherwise.

 

you are right in your  views.

 

Under RTI the material information/documetn held by the department can be asked and cannot be denied. 

 

but  but  but

 

furturistic planning / proposed action / proposed inaction are all not material information

 

the  question is

" If action has not been initiated, when will the action be initiated ? "

it does nto refer to any matrail information held in deptt .

NATARAJAN IYER (Proprietor)     03 September 2015

@ Mr.Sudhir

 

Ok, so that clarifies.

 

It is all about the way the question is formulated.

 

What a pity that in a democracy, we are required to fight with pseudo-rulers in every department who feel there is nothing called democracy and that it is all about ruling when in reality, monarchy is long since dead and in today's technology era with intelligence all around, monarchy would create chaos and not peace.

 

That apart, one can formulate an RTI query this way

 

" What is the stipulated time-frame within which action has to be initiated "

 

Once the answer is received, a follow-up RTI would fetch the blocks together to make one whole.

Sudhir Kumar, Advocate (Advocate)     03 September 2015

Originally posted by : NATARAJAN IYER
@ Mr.Sudhir

 

Ok, so that clarifies.

 

It is all about the way the question is formulated.

 

What a pity that in a democracy, we are required to fight with pseudo-rulers in every department who feel there is nothing called democracy and that it is all about ruling when in reality, monarchy is long since dead and in today's technology era with intelligence all around, monarchy would create chaos and not peace.

 

That apart, one can formulate an RTI query this way

 

" What is the stipulated time-frame within which action has to be initiated "

 

Once the answer is received, a follow-up RTI would fetch the blocks together to make one whole.

You can try framing question that way.  It  may work.

M. H. KUMAR (private job)     02 October 2015

Dear Wellwishers and friends I had filed an RTI as suggested. It is just completing one month but did not got any reply, should I go for first appeal ?

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