Anonymous
14 February 2011 at 19:29
Dear Experts please give your opinion as to what is the intention of Parliament behind this Section for conducting census of firearms?
Arms Act 1959, Section 42. Power of take census of firearms
(1) The Central Government may, by notification in the Official Gazette, direct a census to be taken of all firearms in any area and empower any officer of Government to take such census.
(2) On the issue of any such notification all persons having in their possession any firearm in that area shall furnish to the officer concerned such information as he may require in relation thereto and shall produce before him such firearms if he so requires.
I have tried to think and find logical/reasonable reasons for the "need" for census of firearms, in my opinion there seem to be either of the two reasons, otherwise there does not seem to be any logical/reasonable reason for this section:
1) Parliament did not want the Licensing Authorities to maintain records of number of licenses issued for security of license holders. For example: In event of War if enemy forces enter the Indian territory, they will not be able to get to know details from records seized from the office of Licensing Authority about arms license holders in an area. In World War 2 it was a common practice for invading armies in Europe to first get hold of arms licensing registers, thereby getting name, address etc. of license holders and disarm them quickly.
2)Since the Right to Keep and Bear Arms is a fundamental right under Articles 19 and 21, Parliament expected that citizens in exercise of their Fundamental Rights, might be keeping firearms without licenses. Hence the "need" for census of firearms.
Otherwise if all the citizens are expected to keep "licensed" firearms only or if records of arms licenses issued are to be maintained by licensing authorities, the question for census of firearms does not arise.
p babu
14 February 2011 at 14:56
There is an irreconciable contradiction between two sections of the same ACT. What is the rule of interpretation in such a case Discuss:
pl give reference to us.
p babu
14 February 2011 at 14:51
"Y" got served a notice to 'Z'through unregistered way for eviction of his property. 'Z' received the same and kept quite. Explain the position of 'Y' to take against 'Z'.
pl give reference case law.
p babu
14 February 2011 at 14:17
"X" an editor of a newspaper published a statement of one M.L.A. in the course of business of the House in the morning session. In the evening session the statement is expunged by the 'SPEAKER' of a Legislative House. Whether the editor was guilty for such press statement or not ? Decide.
pl give reference and case law
Anonymous
13 February 2011 at 10:26
sir as stated by Sri Ramachandran the Art. 137, Supreme Court shall have power to review any judgment pronounced or order made by it. The Constitution does not say whether the SC has to give any reason while deciding the review petition or not. It is the procedure devised by SC for itself. Therefore when Review Petition also dismissed one can file a curative petition. The SCI made stringent rules like Sr advocate certificate, If necessary exemplary costs cab be charged on the appellant for filling Curative petition. As they framed such stringent rules whether they are not reponsible for not giving the reason for not accepting the curative petition filed by the appeallant. so it clearly shows the violation of natural jutice and it creats a opinion that to help the sr advocates financially /monetorily the curative petition process is adopted. filing a curative petition by any one means he got substantial evidence on record and clear violation of jutice and biased nature of judges. So the Appex court himself is acting as monopoly. Curative petitions are rare and not a regular. So far only very few are that is in single digit only the curative petitions were accepted From the accepted curative petitions only RUPA ashok HuraVs Ashok hurra is the only case for any one to mention/ refer in their appeal
Anonymous
12 February 2011 at 20:56
whether the provisions of Limitation Act are applicable on election petitions?
Anonymous
12 February 2011 at 03:12
Is Habeas Corpus is applicable in abduction or kidnapping cases too?
Vijay Pandey
11 February 2011 at 22:48
Dear Sir
if wife belongs to general caste before marriage, and as the husband belongs to schedule caste. can the wife able to get husband caste i.e sc?
Dushyant Pandya
10 February 2011 at 08:48
Bureaucrats or government officers, after retirement working as consultants and providing and/or offering their services in respective area or department in which they had worked during their tenure. They are utilizing their position or influences, which was created during their tenure.
Is it not part of corruption or misuse of domicile?
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postmortem&autopsy Report
Respected law experts,
In case of accidental death postmortem/autopsy report to be given to the
deceased relative within how many days?does
it differ from state to state?
pl.suggest.
Regards