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The literal interpretation of section 8(1)(j) of the Right to Information Act, 2005

NOTE: From an email received from Advocate Mr Sundeep Jalan The literal interpretation of section 8(1)(j) of the Right to Information Act, 2005 The Guide to explore the Article 1.Background 2.Coming to the interpretation 3.An uncaring and delightful misreading of the Girish Ramchandra Deshpande judgment of the Apex court 4.The law of Precedents 5.What constitute (a) Public Interest (b) Privacy © disclosure of info on the ground of furnishing of info to the Parliament / Sta

karira

karira

 

Fees refund: Should students sue education institutes and can they do so? Yes!

Fees refund: Should students sue education institutes and can they do so? Yes! Students can sue for refund of fees - Moneylife   DUSHYANT MAHANT | 18/06/2014 02:25 PM |   Law is on the side of students who want to leave an institute or course mid-way and are seeking refund of fees. This also means, education institutesshould not be charging upfront fees for the entire course and refuse refund, in case the student wants it   Consider a typical scenario: A student takes admission to a coach

karira

karira

Guide to drafting a good RTI application

Guide to drafting a good RTI application

Guide to drafting a good RTI application Drafting a good RTI application can be as easy as writing a simple leave letter. As long as the applicant knows the basics of the RTI Act 2005, drafting an application, requesting for information from any public authority, is little more than child’s play. 1. Pre-requisites: Your full name and address have to mentioned in the application. If you so wish, you can also mention your telephone number and email id, although this is optional.

karira

karira

 

Watch 20 Year Old Indians Born In 1947 Talk About Their Dreams In This Incredible Time Capsule

Watch 20 Year old Indians Born In 1947 Talk About Their Dreams In This Incredible Time Capsule (vista 1967)   Young men and women born on Independence Day in 1947 were selected from different parts of India and interviewed to discover their hopes, desires, ambitions and fears. They spoke about love, they spoke about their heroes and they spoke about their frustrations. The result is this unique film. After watching, sit back, reflect and decide for yourself.....has anything changed ? A "must

karira

karira

My "RTI life" turned a full circle today !

My "RTI life" turned a full circle today !

The world is round and if one walks in one single direction he will come back to the starting point. But I never realised that my "RTI life" will also turn a full circle and I will reach the starting point so soon. I read the RTI Act for the first time after being humiliated, insulted, harassed and literally foul mouthed by senior officers of the Commercial Tax Department of AP. Read more here: Why I read the RTI Act for the first time. Only the first four RTI applications I filed were

karira

karira

 

I’m the Parliamentary Draftsman

After having read the RTI Act nearly a thousand times and referred to it many more thousand times and after having read many interpretations of various SICs/CIC/High Courts and the Supreme Court, I thought that this poem aptly describes the situation:   (An anonymous versifier, possibly the late JL Woolcock, penned the following humorous appreciation of the work of the Parliamentary Draftsman) I’m the Parliamentary Draftsman, I compose the country’s laws, And of half the litigation I’m und

karira

karira

 

Maharashtra VAT on property developers

As per email received from Mr Sanjay Shirodkar (Maharashtra)   Dear ALL flat owners: Greetings! I had been to sales tax dept today and got to know, 1. about attached circular which says about MVAT has to pay by developer. It does not say that developer has to charge from flat owner and then pay to Sales Tax dept. 2. more over this tax on developer is on their profit. (which they already must have made while selling the flat. They will not do loss making business) This point is verbal. 3.

karira

karira

 

RTI Application for pending IT Refund

In view of several CPIO's (assessing officers) of the IT Department denying information under some sections of the RTI Act, attached is the new format for RTI Application for pending IT refunds.   1. The RTI Application has to be addressed to the CPIO, who is the same as your assessing officer (ITO/AC) of your ward/circle where you filed your IT return, in which you claimed refund. 2. File separate RTI applications for different years - one application for each year 3. As per the "Citizens C

karira

karira

 

The famous 2' X 2' Board....

All the time we hear and talk about corruption, corruption and more corruption. Recently I had the opportunity to put various Authorities to test, as far as their sincerity to fight corruption.   A family member needed to get a mutation of his property from the local civic authorities. A particular file had to retrieved from the record room. Now, this is a PA where I am fairly well known, since I have not only filed several RTI applications, but have also trained their PIO's and done the Sec 4

karira

karira

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    • Some of you -- at least CJ Karira, who helped me years ago in one crucial step, getting SEBI to acknowledge its own circular! -- know of a 15-year quest among desi academics to get SEBI to release its stale masked FII data for academic research. At one point years ago a parliamentary query by Shyam Benegal, then Rajya Sabha MP, sought the release of this data for academic research. He then made a subsequent RTI query asking what had done about his complaint about the terrible answer he got to his parliamentary question. We thought we had succeeded when in response to that SEBI did put in public domain that FII data and promised to update. And to  their credit, they did update it from time to time, even if a bit fitfully. But thanks to a question by a curious IIT-Madras undergrad, we realized that what SEBI gave with one hand they took away with another. While the idea was that the FII IDs would be masked to preserve privacy, without telling anyone, SEBI changed the masks each month, drastically reducing the value for academic research (since you can't even tell how many distinct FIIs are there in the data base, and whether anyone traded over time). It also caused mistakes in academic research since no one imagined that SEBI would use changing masks, when no other regulator or exchange on the planet does so.

      To get SEBI to finally agree to not hide by changing masks, but to keep a stable mask, has taken many years. But at least per the ruling received yesterday, it has been achieved, with no violence to anyone. I attach the ruling. I can also post the various submissions made at the Second Appeal hearing if there is any interest (need to scrub email-IDs, per the policy of this site).

      Addendum_To_CIC_2nd_appeal_28th_February_2020.pdfThis RTI site, in particular Karira-ji, has been very helpful to me in the course of this long episode thru countless RTI queries. And I am grateful for that from the bottom of my heart. I am confident we will see quite a few PhD dissertations using this database within the next few years.

      Addendum_To_CIC_2nd_appeal_28th_February_2020.pdf
      Second_Addendum_w_Appendices_29th_Feb_2020.pdf
      CIC-SEBIH-A-2017-139953-BJ.pdf
      Third_Addendum to Additional Submission for RTI Second Appeal_2nd_March_2020.pdf
      To_CIC_2nd_appeal_27th_February_2020_Redacted.pdf
      Draft_Talking_Points_for_the_Hearing.pdf
      From_SEBI_Written Submiissions - Murugappa Krishnan 139953.pdf
      thanking_CIC_post_decision_Redacted.pdf
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    • There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency.
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    • LUCKNOW: The Central government has provided categorized security cover to 308 persons, out of which 24 have been provided the highest Z-plus cover, according to the answer to an RTI query.


      As per information provided by S.C.L. Das, Joint Secretary in the Union Home Ministry to city-based activist Nutan Thakur, two dozen persons have been given Z-plus security, 59 persons have been given Z security, 109 have been given Y-plus, 34 have been given Y and 82 persons have been given X category security.

       
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    • Your Fundamental Right to see the Government Records in a time-bound manner by paying 10 rupees.
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    • New Delhi: Delhi High Court has ruled that vehicles of India’s top constitutional authorities like the President, the Vice President, Governors and Lieutenant Governors will have to be registered with the authority. According to the ruling, all vehicles need to clearly display the registration numbers. A petition, filed by an NGO Nyayabhoomi, claimed that the practice of displaying the state emblem, instead of the registration numbers, make the dignitaries become easy targets for terrorists and anyone with malicious intent.


      In December last year, the Delhi High Court had asked the Centre and the Aam Aadmi Party (AAP) government in the national capital to place before it the rules regarding display of just the State Emblem of India on the cars of the constitutional authorities and dignitaries, such as the President, instead of their registration numbers, PTI had reported.

      The petitioner also sought direction to the Delhi government and Delhi Police to seize the cars used by the Rashtrapati Bhawan, Vice President, Raj Niwas and Protocol division of the Ministry of External Affairs for not being registered under the Motor Vehicles Act, PTI reported.

      After the petition was filed, a bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar had directed both the governments to check the position and inform it about the same.

      The plea was based on an RTI response by the Ministry of External Affairs which stated that none of its 14 cars maintained were registered.

      Last year, the Rashtrapati Bhawan had refused to provide the registration numbers of all the presidential vehicles on the ground that disclosure of such information would endanger the security of the state and life of the President.
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