Damayanti
29 June 2014 at 20:22
In the writ Petition under Art 226 to redress the fatal breach of fundamental rights (Art 21 and 14) by the state functionary and also judiciary, .... Is it allowed to demand the damages and compensation for the injury caused and harm to physical and mental trauma psychological injuries etc.??
OR
Would the HC ask the petitioner to file civil suit for damages?
Is it proper for HC to say that HC would only deal with breach of FR and damages should be dealt by the civil court?
rajangam.m
27 June 2014 at 14:47
Dear all ,
My client (people welfare socity) get permission to eruct one freedom fighter statue from govt authorities but now they changed their mind and with the help of one third party trying to get stay order for not to open statue before High court of madras.In this reg shall I file caveat petition? somebody told me that caveat not maintable for this issue, if not what is the other remedy pl gude me.
mandava srinivas
24 June 2014 at 20:36
Dear sir
I completed my education away from my home in march of this year.after returning home I applied for passport, I gave my house adress as permanent address and present address.later during police verification, d officer was very strick and he gave a adverse report and I got a scn frm passport office asking for explanation.wat am I supposed to give as explanation.police officer says to submit a letter frm college as proof of study, will it be sufficient?Do I need to attend personally r reply by post
Khumana Ram Jangid
24 June 2014 at 19:50
The Governor of Rajasthan, in exercise of powers under proviso to Article 309 of the Constitution, has promulgated a rule to the effect that no person who has more than two children on or after 01.06.2002, shall be eligible for appointment to any post under the State.
Article 16 cl. (1) of the Constitution mandates that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. None of the various clauses of Art. 16 permits disqualification for appointment on the basis of number of children a citizen has.
Cl. (2) of Art. 13 provides that the State shall not make any law which takes away or abridges any fundamental right and any law made in contravention of this clause shall, to the extent of contravention, be void. Undisputedly, Governor is "State" and rule made under the proviso to Art. 309 is law within the meaning of clause(3) of Art. 309.
Is the rule constitutionally valid?
SANJEEV
24 June 2014 at 19:17
RES EXPERTS
IF A PERSON(GOVT EMPLOYEE) GOT IMPISONMENT UNDER SECTION 323,506,34 IPC ,CAN HE ABLE TO DO HIS GOVT JOB AFTER COMPLETING IMPRISONMENT.
Sharad Kumar Srivastava
24 June 2014 at 16:40
In Distt. Consumer Forum which citation is applicable decided by High Court or National Consumer Forum? In my case National consumer Forum citation is in my Favor and High court citation is against my case. In opinion of President of Distt. Consumer Forum, High court citation is applicable because of Art. 226 & 227 of constitution of India. Kindly suggest any citation about above.
Balaji
16 June 2014 at 23:03
Hi Experts,
Before posting this question, I checked the forums in this website and election commission's website also. But I didn't find the correct answer.
My question is for contesting as a MP or MLA candidate in AP, is it ok if he/she, who will contest as MP/MLA in 2019 general elections?
I referred to the below article(section 21B) published in election commission's website for AP.The required information about disqualification related to having more than 3 children can be found in page 34 and under section 21-B in the below link.
http://www.apsec.gov.in/Election_law/ELECTION%20LAW%20OF%20MUNCIPAL%20ACT.pdf.
I also referred to the below act,published in this forums by one of our respectable lawyer Janardhan Reddy as a response to the similar question asked by our fellow member.
http://164.100.12.10/hcorders/orders/2008/wp/wp_23854_2008.html
In both the above two articles, it clearly says that this is related to only Local and Municipal bodies only but not about MLA and MP candites.
Based on the above, I hope a person having 3 children can contest as MP/MLA candidate in 2019 elections in Andhra Pradesh.
Can any one clarify on this ?I really appreciate your quick and correct response.
Thanks,
Balu.
AMIT GUPTA
16 June 2014 at 13:36
Dear Experts,
i'd really appreciate it if anyone could please suggest your opinion towards Provision applicable for a Pvt Ltd Company having Regd office in NCT of Delhi since almost 20 years but having no souces of operations would fall inder the regulations of S& E Act??
Please also [rovide the provisions of Registration under this Act viz.. When to obtain Registration etc..
Thanks..
Ziaur Rahman
15 June 2014 at 19:23
Sirs, my question to the experts is that whether any executive order passed by the chief secretary of a state can override the rules passed under Article 309 of the Constitution of India? For example, if a public servant has been protected by certain service rules framed by the Governor under Article 309, can the same be bypassed by the order of the Chief Secretary or Home Secretary of the State by an executive order said to have been passed under Article 162 but having no legislation sanction and only referring that the Government is of opinion that hence forth such and such procedure would be adopted which are specifically forbidden in the Rule passed under Article 309? Doses any Executive Order of Chief Secretary or Home Secretary requires any sanction of Governor or legislatures without superseding the earlier Rules made under Article 309? Kindly opine
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Govt
respected sir
I am a teacher. last year I was dismissed from service. asper legal provision i have gone for appeal to cbse board. as per provisions of cbse byelaw (central board of secondary education) a 5 member appeal committee has to be formed. 3 members from school and one member from cbse board (as a advisor) and one more member from outside school. but cbse for th period of one year didnot form the committee. I approached the court and court ordered them to finish the appeal within three weeks. they also did the same
My question is
cbse board is a autonomous body comes under ministry of human resource. cbse officer is a govt officer. as per cca rules appeal has to be completed withn 3 months. but it was not completed. school was in possession of my original certificates .
in the court i appeared as party in person and requesed judge to order the school to give back my certificates. judge ordered the school to give my certificates. school also did the same.
1. can i file writ under sec166of ipc against the govt officer for not discharging his duties and ask for compensation
2. for holding my certificates after my dismissal can i ask for compensation . is it a criminal offence