Anonymous
11 February 2010 at 20:27
Whether raising slogans outside the court room, can be termed as contempt of court, in the following factual backgrounds:-
1. while making a reference to the High Court, subordinate court did not disclose the actual slogans and withheld the same for the sake of decency?
2. the court proceedings were never hampered on those days, which is essence for invoking the contempt jurisdiction, as the contemnors have all the documentary evidence in this regard, in the form of orders of the subordinate courts, against which alleged slogans were raised?
3. while keeping in view the concept of truth as a valid defense in the contempt proceedings what the contemnors did was perfectly within the meaning of article 14 of the constitution as they claimed equal treatment of law for themselves as well as the judges of the subordinate courts when they are acting in an illegal way and that too not under the colour of their offices?
4. whether raising slogans against a judge without hampering the court proceedings do not come within the purview of article 19 (1) (a) of the constitution, i.e freedom of speech and expression?
Member (Account Deleted)
11 February 2010 at 19:13
I am attaching a writ petition which I presented before the Jabalpur Bench of High court of M.P. Please suggest me as to what possible judgement could be made in my writ petition.
Anonymous
10 February 2010 at 23:34
I am junior advocate from gujarat.in 2009 gujarat public service commission has published the advertisement for the filling of vacances of Assistant public procecutor.in adv. the minimum qualified marks for oral interview was not mentioned.and at the time of interview all of candidates who wre qualified were asked to achive minimum 10 marks out of 50 marks in oral interview.the rule has been changed and introdused after the advertisemen.after declaring the final result we were surprised to find that almost 180 candidate were declered fail for not geting 10 marks.even though the written marks of the unsuccessfull candidate was much higher than the succesful candidate.for e.G. i have got 203 marks in written and 8 marks in oral but the candidate who have secured 160 marks in written and 10 marks in oral they were declared pass. so aggrived by this types of unjustice we have filled letter pattern appeal no 1586/2009 and the appeal is allowed by the court, and and cancel the merit list and ordered to make fresh merit list without minimum marks in oral exam.containg aggrigate marks of both writtem and oral exam
G.PS.C has filled the slp no 3584/2010 in supreme court against the said order...so pl advise us on the merits of the case.
i attached the judfement of lpa 1584/2009 here with
thank you
S.B.adil rahman
10 February 2010 at 22:29
A woman belonging to Scheduled Caste fell in love with a man of higher caste. They got married. My question is whether the woman who was earlier a member of Scheduled Caste has lost her status and previleges of SC laws e.g reservation in job etc. after the marriage from a man of higher caste? if not lost then what will be the status of her children who will born out of the wed lock of a SC woman with an General Category man? Pleaseanswer with the relevant laws and Apex Court decision in similar cases which is the guideline.
nishant gahlawat
10 February 2010 at 18:19
respected lawyers...why cant there be a check on separtist or rather abusive statements n actions by mns or shivsena...is not this a violation of contitution...that too in a democracy..
P. Venu
10 February 2010 at 10:19
It has become quite a routine for the Central Public Information Officer (CPIO) of the Supreme Court to file Writ Petitions, in his official capacity and at public expense, against the orders of the Central Information Commission (CIC) against overruling his decisions. CPIO, as far in matters relating to Right to Information (RTI) Act, functions within the purview of the Act and the Appellate Authority under the Act and the CIC are his official superiors. In other words, he is not accountable to the hierarchy in the Supreme Court so far as the functions under RTI are concerned. In such circumstances, has he the locus standi to file Writ Petitions against the CIC even if it is with the approval or suggestion of the Supreme Court Registry?
This brings up a larger question. Has a public servant the locus standi to seek judicial review of the instructions from or decisions of the official superior in official or personal capacity?
Are there any decided cases?
Anonymous
09 February 2010 at 21:08
Can High Court under Article 226 order for CBI inquiry in a matter? Is there any recent caselaw in this regard?
Rama mohan Acharya
09 February 2010 at 16:40
I need the expert advise on:
A person is originally belongs to state X. his parents rae still staying in X. He got married in the state Y and staying there since last 10 years. In a recruitment process of a central PSU he submitted a certificate of OBC from state Y.He has also mentioned his home adress in state Y. During the C&A varification , it was informed by the DM of the state Y that the original residence of the person is in state X. the C&A varification was carried out in state X also.
In this circumstances where from the OBC certificate should be? from X or Y?
Kindly enlight.
Rama mohan Acharya
09 February 2010 at 16:32
Here is case of a PSU under Central Govt. which have a school within the estate. The school gets grant from the PSU. It is run by a registred society .The managing committee of the school comprises of some members nominated by the management & also by the recognised union. The school is affiliated to the CBSE.
In this background , can the reservation for SC/ST/OBC is applicable in the recruitment of teacher and other staff of the school?
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