What should be the format and content of an “Affidavit of the petitioner duly sworn” that is to accompany a Writ Petition for a Writ of Mandamus.
can i challenge the constitutional validity of the dowry prohibition act on the basis of art 21 since it is curtailing my fundamental right of personal liberty
A Govt. employee workg as a pharmacist since 1974. She showed her nationality as Indian in attestation forms for verification of her character & antecedents at the time of her appointment. She was carrying the valid British passport at dat time. This fact was not disclosed by her at the time of her appointment. It came to the knowledge of Dept/office in 2007. When charge sheeted, she replied in defence that she was originally born in India 1951, migrated to Kenya in 1955 till 1965 when she was brought to India by her father. Thereafter her schooling, further education, marriage with an Indian citizen, her voter card, ration card, PAN card in India only. Therefore she considered herself as Indian citizen. Her Passport expired in 1987 which she got renewed after 19 years in 2006 valid till 2016.
Now question arose that can the dept, where she is working as pharmacist, initiate disciplinary proceedings under Punjab civil service rules( punishment & appeal ) Rules 1970 against ‘A’ for concealing the fact of holding British passport at the time of her appointment in the said dept
what is the pro. to file janhit yachika(pil)& how much court fee to file case
i have filled a writ petition against the tax department for a reward of 10% in which i need some jugdments (in this matter a person gave information to tax department about those who avoid to pay the tax after that a search was conducted by the tax department and informer was entitled a reward of 10% on recovery and tax assessed by the tax department and the department has failed to pay the reward.)
Whether a Senior advocate is bound to provide legal aid to an indigent person u/s 304 of Cr.P.C.
Can he refuse to accept the case on the ground that he is offered low fees according to his skills & experience.
If he refuse to accept such case then is it violative of Article 21, 22(1)(c) & 39A.
Can he take the defence that the state is preventing him from practising his profession under Article 19(1)(g).
Is right to contest in State legislature, Panchayat Raj, Municipal etc a fundamental rights?
Sate Legislation of Gujarat enacted a piece of legislation namely “The Gujarat Panchayati Raj, 2001. U/S. 12 of which a person with more than 2 living children has been disqualified for election of panchayats of each level and resultantly debarring from holding the office in Panchayati Raj Institutions to popularize family welfare program & family planning program. Md. Hafiz a permanent inhabitant of Gujarat having 5 sons & 4 daughters living through a writ before the Gujarat High Court challenged the said Act inter-alia on the following grounds:-
1) That the provision of the said Act is arbitral and discriminatory and consistently violating of Article 14 of the constitution.(Art.14)
2) That the provision of the said Act adversely affects the liberty of leading personal life in all its freedom & having as many children as one pleases to have and therefore against the spirit of Article 21 of the constitution.
3) That the provision of the said Act interferes with the freedom of religion as it is the policy of Muslims that to have more children means more nearness to Allah and therefore against the preamble objectives of the secular state as well as is hampering the fundamental right to freedom of religion guaranteed in Article 25 of the constitution.
Negativiting the contentions, the High Court opined that the problem of population explosion is a national and global issue which provides justification for priority in policy oriented legislation whenever needed and accordingly uphold the action of the state.
Being aggrieved and dissatisfied the petitioner filled an appeal before the Supreme Court, the next date of which has been fixed on 2nd July, 2009 for hearing.
Please give me suggestions, how to plead for this case on behalf of either the PLAITIFF......
If the committee set by speaker for impeachment of a judge is not constituted as per the provisions under Judges inquiry act then is it a valid impeachment as per the laws
Application for Writ of Mandamus
The Art.226 (A) of the Constitution states that an order issued by the High Court in the nature of Mandamus will stand vacated if respondents were not furnished copies of the application for the writ or were not given an opportunity for hearing. Does the High Court provide copies of our application for writ to the respondents or is it left to us (the petitioner) to provide such copies of the application for writ to the respondents on our own ?
The Bombay High Court asks the petitioner to provide five copies of the writ petition. Are these extra-copies meant for the respondents ?