Shree.
21 June 2009 at 19:52
Can an NRI claim the benefits of Human Rights under the Protection of Human Rights
Act?
V.V.RAMDAS
19 June 2009 at 09:36
Appeal to all-
Sir/Madam
My client has been implicated as many as 12 criminal Cases having serious charges and he is now a under trial prisnor. During UTP he contested for MLA and Own the election and became MLA but till date he could not get the opportunity to take oath as he has not been released on bail in some of the cases by the courts. Now I want a clarification, that how he can administer(take) oath and under what provision of law.
Secondly I would like to know that if the situation continues in the same manner how long his candidature will be continued as MLA? If it will be rejected than how and when and under what provision of law?
Quick answer is awated from my learned friends.
vinod bansal
12 June 2009 at 21:45
R/Members
Kindly clear me difference in between solicitor general / Attorney general of India.With Thanks
Dr.Mumbiram
12 June 2009 at 10:43
Artist Mumbiram,an Indian citizen, has been married to Nadine Grenz, a german national, since 2002. Their India-born son Hansraj has a German passport. Their application on behalf of Hansraj for a routine 5-year visa extension had been stalled by the Pune FRO and then by the Alibag FRO for a period of 3 and 1/2 years. Also the Alibag FRO had refused to register Nadine for a period of 1 and ½ years thereby making it impossible for her to apply for a further 5-year visa extension..
Encouraged by advice on this forum of Lawyers Club we filed a writ petition in the Bombay High Court under articles 226 and 14 of the constitution making the Govt. of Maharashtra and the MHA Respondents along with the FROs.. Upon the intervention of the High Court the Respondents processed and granted the requested visa extension to Hansraj, without any new documents from the Petitioners, within 6 weeks. Also the Respondents duly registered Nadine Grenz, accepted and granted her application for further 5-year visa extension, also within weeks. It is now clear that the Respondents had stalled the Petitioners’ legitimate requests arbitrarily and oppressively for an inordinately long period for no fault of the Petitioners. It is mentionworthy that Artist Dr. Mumbiram represented personally the Petitioners in the 3 hearings of the case.
In the WP the Petitioners have listed damages suffered by them by being made defaulters in the eyes of law for no fault of theirs thereby depriving them of their ability to travel freely within India, enrol Hansraj in educational institutes etc. The petitioners had asked for compensation for damages at the rate of 5000 Rs. Per day for every day of delay over a reasonable period of 1 year.
As the (interim) relief has been achieved, the Court inquired whether the Petitioners would like to withdraw the Petition. The Petitioners expressed their desire to request for compensation as a Public Law remedy for violation of their Fundamental Right to equal treatment under law, as distinct from compensation for damages in private law in torts. The petitioners asked for leave to amend the Petition for this purpose. The Court thereupon advised the Petitioner to make a ‘Civil Application’ for that at the next hearing on June 24.
How is this Civil Application made ? Is there a format to be followed ? Do we already need to include supporting arguments and quote precedents of SC cases where ‘in appropriate cases’ such compensation has been awarded ? We need the full quotations for the following citations: (Nilabati Behera v State of Orissa, 1993) 2 SCC p758 para 10
.(M.C.Mehta v Union of India , 1987, 1 SCC p.408 para 7)
Could anyone provide us these citations ? Other citations where such a compensation has been awarded recently ?
Vishwa
07 June 2009 at 00:39
There are many overseas Indians who adopt the nationality of the country where they live. They thus hold foreign passports and need a visa to visit their motherland where they often have very close family, religious and cultural attachments.
The present government has vastly improved the amenities available to this category of people by introducing Person of Indian Origin and Overseas Indians cards that certainly make travel and residence in India far easier, even though to obtain this card is a big hassle.
Even so, a person born in India is liable for prosecution if for example, he overstays his visa.
My question is, does a person of Indian origin have a right to territory, what the French call "droit au sol" and whether a criminal prosecution of such persons is legally and morally right. Because the right of a person of Indian origin to return to his country of birth should be considered a part of natural law.
saurabh kaushik
06 June 2009 at 21:29
how do court interpretate the law embeeded in decision of court themself and through which method do court develop such law?
yogesh
06 June 2009 at 17:44
Please read the following
"The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which a person is appointed. "Vacancy" means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As consequence the percentage of reservation has to be worked out in relation to the number of post which form the cadre-strength. The concept of 'vacancy has no relevance in operating the percentage of reservation. - R.K. Sabharwal and others, Petitioners v. State of Punjab AIR1995 SC1371"
My query pertains to the selection of applicant on the basis of the following:
Employer advertised 2 posts under the Unreserved category. Selection committee recommended 2 names against the Unreserved post and the Applicant was placed second in the waiting list.Suddenly one seat was vacated ,the Number One candidate was placedin the waiting list was given appointment against the Unreserved post
Then one selected candidate who was appointed against the Unreserved post resigned from the services with in year.Since the waiting list panel was valid for the period of one year.The concerned Employer did not fill the seat ('vacancy') from thepanel but kept vacant
When the concerned applicant made his representation , the concerned employer replied the vacant seat was floated to the Reserved category
Please justify whether the employer had made correct decision in the light of such circumstances?
yogesh
04 June 2009 at 14:13
Please read the following
"The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which a person is appointed. "Vacancy" means an unoccupied post or office. The plain meaning of the two expressions make it clear that there must be a 'post' in existence to enable the 'vacancy' to occur. The cadre-strength is always measured by the number of posts comprising the cadre. Right to be considered for appointment can only be claimed in respect of a post in a cadre. As consequence the percentage of reservation has to be worked out in relation to the number of post which form the cadre-strength. The concept of 'vacancy has no relevance in operating the percentage of reservation. - R.K. Sabharwal and others, Petitioners v. State of Punjab AIR1995 SC1371"
On the basis of above, I seek the opinion if an individual/applicant who was placed in the waitlisted candidate under Unreserved category. Can Recruitment body transfer the resultant "vacancy" of any individual (who was appointed under Unreserved category) by keeping its seat vacant and later transferred to the Reserved category by debarring applicant rights if the waitinglist panel is having in its validity period
Regards
A.Mohamed Thaheer
03 June 2009 at 08:32
What is the course of legal action for getting natural justice, when contradictory judgments were delivered by two different High court, namely Delhi High Court judgment dated 04-07-2008 and High Court, Chennai dated 30-09-2008 respectively on the very same issue of criminal misappropriation of money to the tune of Rs, 25 lakhs ( BENCH OF THE Delhi High Court Judgment), and for Rs.11,255/- (BENCH OF THE Chennai High Court Judgment, under section 13 (1) (c) of the Prevention of Corruption Act, 1988.
In the above said two judgments, Delhi High has given a very detailed judgment according to the statutory provisions of the relevant under the Central Civil Service Pension Rules, 1972, 80% in favour of the Accused for releasing all the retiral benefits due on the date retirement, EXCEPT UPHOLDING THE PAYMENT OF PROVISIONAL PENSION TILL THE FATE OF THE ACCUSED IN THE CRIMINAL CASE for the alleged misappropriated amount of more than 23 lakhs, read with 34 IPC>
But, the Bench of the Chennai High Court has given the judgment ADVERSELY AGAINST THE ACCUSED BY QUASHING THE CAT order which is very much similar to the Judgment of the Bench of the Delhi High Court dat
ed 04-07-2008.
The further pity in this case is the alleged misappropriation of amount is ONLY
R.11,255/- in which case also, it is pending yet to be proved in the court of law.
What is the legal remedy for the injustice done by the Bench of the High Court, Chennai?
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Role of Advocate
At times, it is noted that personal Advocate of an accused is not regular enough and does not conduct the case properly and the accused suffers therefrom, what would be the remedy?