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saurabh kaushik   03 June 2010 at 08:14

pardoning power of president under article 72

Can the pardoning power of president to be subject to the Judical review? refer decided cases of supreme court.

Anonymous   02 June 2010 at 16:50

Admission of Writ petition

Ld counsels,

A writ petition is filed by a pubilc authority challenging the RTI order of the infomraiton commission. The high cour has granted a intermi stay of this order and sent notice to me.

During the next hearing is for orders as to admission. Can I submit before the commission verbally that the court should not entertain the writ petition bcos the order of the commission is biding upon the public authrities. The public authorities are denying the applicability of RTI act to their office but as such that offce is not exmpt by the state government.

Without even filing a counter to the petition can I argue that the petition should even be admitted for further hearing and vacate the interim stay.
Is that possible.

Please clarify. Thanks.

Dushyant Pandya   02 June 2010 at 14:43

Retrospective Effect

Can government passed any order with retrospective effect?

If yes, then what about taxes paid?

Member (Account Deleted)   02 June 2010 at 13:42

delay and latches

Sir, Is delay & latches, a bar to move for enforcement of fundamental rights?

Member (Account Deleted)   02 June 2010 at 13:39

article 32

sir, i filed an O.A. before CAT for enforcement of my fundamental right to equality, as i was kicked out, retaining my 31 juniors and CAT did not issue even a notice to the respondents and it was dismissed as time barred.
Can i move with a fresh petition under art. 32 for the same relief bypassing high court under 226?

Member (Account Deleted)   02 June 2010 at 13:38

format of petition

sir, i filed an O.A. before CAT for enforcement of fundamental rights as i was kicked out retaining my 31 juniors and CAT did not issue even a notice to the respondents and it was dismissed.
Can i move with a fresh petition under art. 32 for the same relief bypassing high court under 226?

Anonymous   31 May 2010 at 03:25

Stay either civil or criminal rpceeding

Ld counsels,

If one of the spouse in marraige alleges fraud and institutes both civil and criminal proceedings on the same alleged fraud, is it possible to stay either of the proceedings.

High courts seems to be reluctanct on staying proceedings, however if the subject matter in the proceedgisn are same how will that be viewed

Please clarify
Thanks.

M. PIRAVI PERUMAL   29 May 2010 at 19:37

TAMIL NADU SCHOOL REGULATION OF COLLECTION OF FEE

Can any one provide me the entire text of judgement of Madras high court division bench consisting of Justice Gokhale and Justice Sasidaran upholding the Tamil Nadu Schools (Regulation of Collection of Fee) Act, 2009.

M. PIRAVI PERUMAL   29 May 2010 at 19:26

Justice Govindarajan Committee fixing fee for self-financing

Can anyone provide me the entire text of Justice Govindarajan Committee fixing fee for self-financing schools in Tamil Nadu

Anonymous   29 May 2010 at 08:03

Interpretation of statute as per convenience of courts?

As the fundamentals of law describe that courts are just to interpret the law and not to give their own definition but it is generally seen that the courts (even SC) interpret the law discretionary. Recently, the SC held that the cooling period of 6 months is mandatory in mutual divorce and can't be waived as it has been written in law and courts doesn't have any discretion.

Now coming to other points, the law has also written that the divorce case to be concluded in 6 months, Domestic Violence in 2 months, Criminal Trial as soon as possible, even then these trials take half of litigant's life.

Why doesn't the Courts interpret as these are written in law and pass suitable directions to the trial courts.