mayilsamy n
15 April 2011 at 22:04
" 49-O. Elector deciding not to vote.-If an elector, after his electoral roll number has been duly entered in the register of voters in Form-17A and has put his signature or thumb impression thereon as required under sub-rule (1) of rule 49L, decided not to record his vote, a remark to this effect shall be made against the said entry in Form 17A by the presiding officer and the signature or thumb impression of the elector shall be obtained against such remark. "
In the recently concluded state election i have decide to opt for 49-O, The funnest part was that the presiding office was searching for 49-O for about 10 minute (actually there is no such a form for 49(0)), It shows how the election commission has educated/trained the presiding officers.
My question is can i challenge this rule under art 14, 19 and 21 of constitution of India.
Point 1 - art.14, 19
Why is that i have disclose my choice to election staff and record in writing on a public record (that is register as per sec 17A maintained by a election commission) while those who vote are also making a choice, is maintained as secret or their choice remain unknown. why a person who is making an effort to get to the election / voting booth unlike other who totally restrain from voting and decide to reject all the candidate is been singled out or been treated differently. The rule is like you are forced to make a choice among the candidates or get your identity revealed, is it against art 19 also were the law indirectly compels / force you to make a choice.
can we challenge the sec 49(0) under article 14 - Right to equality, is it a justified classification, classification where one who rejects all candidate is treated differently compare to those who make a choice of a single candidate?
Point 2. art -21,
The worst part is that when i am excising 49(0), i will not be using the voting machine which can be noted by all the booth agent of the election candidate. can i challenge this under art 21 where my right to privacy is lost in this case.
Thanks in advance for the reply...
Anonymous
14 April 2011 at 20:16
Marutiudyog ltd vs. Ramlal (2005) 2 SC 638.
&
In CIT vs. B.R. Constructions (1999) 202 ITR 222 (AP) CFB.
&
SC in Ssouth India Corp Ltd vs. Secretary Borad of Revenue.
Required the hole case in detail pls any one provide me. it explain in depth of
It is not there in indiankoon.com so pls do the needful
The citation gives the non - obstante clause interpretation by the SC in depth.
Thanks.
Anonymous
14 April 2011 at 19:51
the below matter has been said by the lawyer in our state to by client so i want to known the meaning of it & is there in our indian law system if yes than any case on it
In a Letter Or Notice if the above words are mentioned on the top of the Letter Or Notice.
"Without Prejudice OR With Prejudice Or
Privilege OR Privileged "
What it is the meaning of the Words if mention under the letter or notice.
I have heard that if any of this words are written under the letter or notice than it seems that it is not for the interpretation and also not for the legal evidence in the court.That the letter is not use for the evidence in the court & also cant interpreted it.
Also Pls Tell Me With Us Expert advice What do this words means & Can be Written Under any Stamp paper or affidavit.
"Without Prejudice OR With Prejudice Or
Privilege OR Privileged "
thanks.
Anonymous
14 April 2011 at 19:43
1) The juristic concept of contract consist of offer & acceptance . But what do u mean by juristic concept in any law what do u mean by juristic concept means in law.
2) Civil Procedure code, 1908 a LD member of my friend has said that
Order's of CPC built under the statue can be changed by HC or SC & Section can be changed by Legislature. It means the HC & SC has the right to challenge order's built under the statue on its dicretion powers & Legislature can during the session hours can challenge the any section of the civil procedure code, 1908
Note : Here Section & Order means ( Given under the statute CPC, 1908 or can be said given under the code)
Any case law on it if any pls or correct me. by provising the case laws on it. also opinion required.
Thanks.
Anonymous
13 April 2011 at 21:42
mean of review petition, petition & curative petition along with the difference.
Anonymous
11 April 2011 at 23:50
Tobacco Gutkha plastic packing to ban matter is pending for judgment in SC -is it true? If yes, then what is the final date of judgment? Not only gutkha plastic packing but gutkha itself product should be totally banned all over India for the sake of good health of teenagers & general public.Everybody knows but why it is not banned? Do not understand. NGO and social service organization should take up this matter seriously legally for this good and holy cause to save next generations from serious health problems like cancer and health disorder due to gutkha. Inspite strong opposition & resistance from rich gutkha lobby , I believe and have faith that some organization will take up matter to banned gutkha.
Anonymous
08 April 2011 at 17:48
What is the difference between Notification and Official Gazette? When an Act or Regulations or Rules are framed can it be propmulugated simply by Notification without being made in Official Gazette? or Notification is same as Official Gazette vice versa?
as ask my our one of the learned expert also but no answer was given by anyone so it is a request to answer ?
if possible support the anser with the case law which defines the words Notification and Official Gazette ? if any case laws on the above mentioned ?
Thanks.
Anonymous
06 April 2011 at 22:03
Sir,
my friend works in a PSU in delhi since 2001.her permanent address is in orissa.In sept'2005 she had applied for a passport in permanent address( As the agent told her that passport can be issued from permanent address as she is living alone in delhi ). But while she came to her office in Delhi she got to know that NOC is required for PSU employees.so she applied for NOC and got it in April'2006.In the mean her passport got issued from her permanent address.Now she is at double fault. 1. For not using her NOC for obtaining passport. 2. Got her passport issued from her permanent address without showing that she is a govt employee.Now she is in severe mental stress.She fears that she may loose her job as well as Passport office may take action against her. Kindly propose what action she should take now.(While reissuing her passport she will need NOC from her company again for which she has to give the details of her previous passport).
Ur urgent help is needed .Kindly help .I can’t see her in this condition.
Anonymous
06 April 2011 at 20:29
Nothwithstanding anything contained in other provision of the act & subject to other provision & Also more opinion on non - obstante clause.
the mentioned points have been explaine by the SC in detail in the below mentioned case law . but i have tried to find under the indiankoon & other citation available sites & not able to have the hole context of it can anybody provide me the hole context of it
Supreme Court in South India Corp Ltd vs. Secretary, Board Of Revenue (1964) 15 STC 74.
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Special Act.
A Writ Petition is being filed under Article 226 & 32 of the Constitution of India for seeking Mandamus, Certiorari, Prohibition, Co-warranto and / or Habeaus Corpus it has been said that writ petition word can be used in the above mentioned maxim only & not otherwise. Writ Petition is generally being heared by a Single Bench of the High Court unless it is of Public Interest Litigation the Writ Petition is being heard by a Double Bench of the High Court.
Right Or Wrong ?
1) That writ petition words can be used in the above mention maxim only & not otherwise.
2) Writ Petition is generally being heard by a Single Bench of the High Court unless it is of Public Interest Litigation & Writ Appeal is being heard by a Double Bench of the High Court.
How to know that it is a special statute or general statute.
Thanks.