Constitutional Law queries [Resolved] [207]

KADIWALAMA 10 May 2010 at 23:03

binding precedent

two conflicting decision of diff hc one is of single bench while other is of db of diff hc which is to follow?

Anonymous 08 May 2010 at 23:09

Ld counsels,

The fact of the case is that I filed a RTI applcition before police to obtain complaint copies. I came to know that the complaint was tampered by police. Sicne I obtained Anticipatory bail from HC on this complaint the records were also available with the office of public prosecutor. I have obtained the above 2 orders from the commission with one directing the office of public prosecutor to furnish the information and another to initiate departmental enquiry against the police for giving false and fabricated information.

Now the office of public prosecutor has field a writ challenging the order of commission saying that this office is not under the purview of RTI and as such no information can be given as directed even through the orders of the govt. I have also petitioned the CM cell for directions to PP office to give the information.

The information to be given by the office of PP is important for my criminal case and they are denying it mainly bcos the tampered complaint copy is also inserted into their records. more over the allegations in eh tampered complaint are improved which were not revealed to the HC during the hearing of my bail petition.

Now can I file a Writ petition before HC for non-complaince to the order of the information commission and seek directions for prosecute all the public authorities involved in fabricating and denying information. I have 2 order of state information commission which is not complied by the public authorities. Even the polcie commissioner is not conducting deprmental enquiry as per the orders of the commission.
Is it possible to mingle the 2 RTI orders in one Writ petition and approach the HC for imposing penalty and disciplinary action the cause of action for both the RTI complaints are one and the same.

Pls clarify. Thanks for reading my query.

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Thyagarajan 08 May 2010 at 15:15

Consumer Protection Act 1986

The President of State Forum Tamilnadu had on occurring of a vacancy of the only member’s post due to his retirement, had promulgated an order that he is utilizing the powers conferred on him under sec 16 1(B) (ii) and constituting an one member bench and that the so constituted bench member will be himself. He was hearing the complaints then on. No one from legal quarters had raised any objection. Was he right in interpreting the rule?

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Anonymous 08 May 2010 at 12:55

fundamental right

Is absconder can avail the right of privacy and right under article 21?

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Anonymous 04 May 2010 at 22:58

PIO / OCI

Can a Srilankan Citizen married to a Indian citizen is eligible for PIO / OCI? Please advice.

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Anonymous 04 May 2010 at 22:55

Settelment of dues

Respected Sir,

I first thanks to all members who gives there valuable opinion time ti time. Now I am in great dilemma what to do and I am hundred present conform that here I got a right solution.
I am Cost Accountant & presently working as Sr. Accountant in a construction company Head office based in Ahmadabad and I am posted at Ajmer Site I submitted my resiganation the copy of my resignation is as below which I submitted on 30.04.2010

"Due to some family problem, I hereby submit my resignation from your company with immediate effect.
I am extremely thankful to the management for patronage time to time guidance and knowledge during the tenure of my service. This is very painful moments in my life to give resignation from this growing company where I treated like a family member
As per the terms and conditions given in the offer letter, I am ready to give 7days notice period.
I shall be highly obliged if you please arrange to clear my all dues and issue me No Objection Certificate as earliest as possible.
As I booked my Railway ticket on 15.05.2010, So Please release me on or before 15.05.2010"

But after submission my resignation I did not get any response from my company
My question is:
1)What I understand that my resignation is accepted by Management?
2)What happen if I not get my all dues?(Since Feb-10 to till now I not received Salary)
3)What should I do in this conditions as I am belongs to Kolkata and my Head Office is in Ahmadabad, if I go to Kolkata then that happens towards my outstanding amount which is more then Rs 50,000/-
4)Should I clam for bonus that declare by company but yet not given?

Pls help me,I am waiting for your opinion

Thanking you

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mukesh 03 May 2010 at 07:51

National Emblem

Dear sir,
I would like to know that in INDIA who can use The national emblem on his/her letter pad visiting card etc.....

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mukesh 02 May 2010 at 08:42

Please help me regarding RTI

An applicant approached an organisation - notified by a State Government in the official Gazette as a "intelligence and security organisation" - with an RTI application. The applicant approached the designated PIO of that organisation and asked for information that he claimed pertained to violation of his human right. At first, the PIO responded saying that the Public Authority concerned is not bound to give the information. When told that even an exempted organisation has to give information pertaining to human rights`violation, the PIO argued that he was not convinced that the information involved human right violation. The applicant mentioned to the PIO that he is well-versed with the provisions of the RTI Act, 2005 and that he will not hesitate to pursue his case not just with the Information Commission concerned`, but if need be, he'd go all the way to the Supreme Court. Hearing this, the PIO felt that it would be o.k. to give information to the applicant right away to avoid any further hassles. In fact, the First Appellate Authority too had asked the PIO to do so Is the applicant right in thinking that he can go all the way to the Supreme Court seeking a remedy if he is not satisfied, because he thinks that the information he is seeking pertains to a violation of his human right?

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