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Found 156 results

  1. Dear members S. 23 prohibits filing a court case. In another post one of the member has expressed that "The petioner has filed case aganist PIO and same is pending and PIO denied infor....." My short question can an applicant approach a court contray to S. 23 without filing a appeal!
  2. Distrcit Court RTI Rules cannot have exemptions over and above the main RTI Act and FAA cannot review his decision In a recent order, related to District courts in Delhi, the CIC has ruled that: 1. The Court RTI Rules cannot have exemptions over and above those in Sec 8 or 9 of the RTI Act. 2. The FAA cannot review his own decision. The full order is attached to this post. Court's rules.pdf
  3. Whether a reply given by a PIO is a public document (in the eyes of the court) or not???
  4. Kindly explain about my bellow case: One of private industry is tried to dig pits for electrical high tension poles in my property without our permission. We wish to go for court injection order against these company. What all documents needed for filing court injection order and my lawyer said we have to submit/deposit my property original documents at court. Whom all parties to include in injection filing-the company , the contractor and electricity department also(on which name to address).
  5. bhupesh.nakul

    court marriage

    I want to know the complete procedure of court marriage & i have also heard that nowadays court do not send any notice to the boy's or girl's house.Is it true?Can i register throgh internet ?
  6. Central Information Commission Decision No.292/IC(A)/2006 F. No.CIC/MA/A/2006/00588 Dated, the 21st September, 2006 Name of the Appellant : Sh. Sharabh Dubey, 11/7 Civil Lines, Kanpur –208 001. (U.P.) Name of the Public Authority: The British India Corporation Limited, 14/136 Civil Lines, P.B. 77, Kanpur-208 001. DECISION Facts of the Case: The appellant is an employee of the respondent. He was transferred to another Unit of the company. The office order was challenged by him in the Court, which adjudicated on the matter. Subsequently, he has filed a few more petitions on service related matters in the Court. In this backdrop, he has sought documents relating to the legal opinion obtained by the respondent, file notings by the senior officials on the issue of transfer, letters/correspondence with other officials, etc. The CPIO has denied the information and sought exemption u/s 8(1)(d) & (g) of the Act. The case was heard on 12.9.06. The appellant could not be present. The CPIO and the appellate authority were present. In the course of hearing, the CPIO showed a copy of the petition filed by the appellant in the Court, whic hcontained almost all the documents asked for by him. The CPIO contended that the documents asked for by the appellant relate to the various petitions filed by him in the Court. He, therefore, pleaded that the disclosure of the documents might adversely affect the disputed cases. Hence, the relevant documents are treated as confidential. Commission’s Decision: There is a dispute between the appellant and the company on service matters, including transfer of the appellant to another unit. The matter is pending before the Court for adjudication. There is every possibility that the appellant would get opportunity for his effective defense. The information sought is in the interest of the seeker. And, as such, there is no overriding public interest, u/s 8(1)(j) of the Act, for disclosure of the information. The appeal is therefore dismissed. Sd/- (Prof. M.M. Ansari) Information Commissioner
  7. drsushilkumar

    RTI is ROTI

    Success stories of File Notings (A FEW AMONG THE MILLIONS) Ø Wing Commander Dr Sushil Kumar had joined ICHR in July 1997. He was sidelined as he was espousing transparency in the distribution of research funds. The Hon’ble High Court of Delhi had observed in an Order dated 10 May 2002 passed by Hon’ble Justice Mr. Sanjay Kishan Kaul, after many hearings that there appeared to be a collusion between certain officers of the ICHR and of the Ministry of HRD against Kumar. o He was then placed under suspension by the Honorary Chairman on charges of exposing official secrets by writing to the CVC, CAG amongst others about the corruption within ICHR. The person, who had been incited to challenge Kumar’s appointment in Court, withdrew the case after probably realising the overall conspiracy where he had been merely used against an honest person. o The file notings now obtained by whistle blower Dr Sushil Kumar, exposes that the Honorary Chairman who had suspended him in 2003 had acted beyond his jurisdiction. Also the official (dealing officer of the Director rank in the Department of Secondary and Higher Education in the Min of HRD) who gave his honest and unbiased opinion that the “suspension was illegal and hence be revoked”, was subsequently shunted out. o As Dr Kumar put it, “I came to know this after three years plus. Only with file notings under RTI. RTI sans File Notings could snatch my RoTI(bread).” Independence Day Action Alert – Email and Fax Embassies and Ambassador! Right2Information
  8. Hello, I have a query, I want to file an RTI through my lawyer who is in India. (In other words, the lawyer files the RTI on my behalf) Is that at all possible.??? I can give him a no objection certificate. (NOC) I read through the RTI act and there seems to be no mention of this. Can you help me out on this please.!! Yes both me and the lawyer are citizens of India. I just moved out of India a couple of years back for study purpose. I also looked up this forum and there seems to have been conflicting answers. (some say yes, some say no, some say NOC is required) If this is possible can you point me towards the direction of this. (my personal thoughts, it should not be a problem, why should it, both of us are citizens of India, I want to use him and his skills as a lawyer to take appropriate response and take the matter to court , that should not be a problem. Should it??) I'd really appreciate your help in this regard. Regards Tejaswy
  9. Recently there was a Bombay High Court order on the above mentioned. Some of the links are as below. Fee scrapped on collector Collector can't charge premium on flat transfer, City Diary - Property - Mumbai Mirror Does this verdict hold good, or is there any change to it? I would like to know where I could get a copy of this order, sicne I have tried to obtain it from the collector's office, but in vain. Regards, Dominic Dsouza
  10. Dear All. It is been observed in various cases that providing information to the applicant is tough job for the CPIOs. And for this reason they find multiple reasons for not providing information Purposeful violation the Right of information Act 2005 to safeguard various interests , beliefs & misconducts. This behavior show a willful disregard for the legislation & can be held in contempt of court. If someone find Unsatisfactory Responce to application under Right to Information Act 2005 or irresponsibility , reluctances and hesitance on providing information by CPIO register a complaint of " Contempt of court " with CIC . Further we can clain that its contempt of constitution of India.
  11. I am to present replies of some RTI applications in a court after 2 months,but after 35 days(as I sent all the RTI's through post only) the replies which I got from some Public information officers are not a proper ones. Now I am to file appeals to the first appellates.Of course I may inform the court about my RTI applications and try to get a continuance but do not you think that 35 days is a very long period for responding RTI's applications ? When they can respond in emergency within 48 hours,why they are taking so many days in general cases? Is not this time gap of 35 days too much?
  12. We go to the courts for justice and they give us next dates of hearing. Can we ask the Govt. through RTI that under which constitutional law they go on evading justice to its people? If yes please tell me the procedure in details.
  13. bharatmahan

    Time Limits

    Hello friends... I am Bharat Chawla from Mumbai. I would appreciate if someone could tell me 'whether there is a time limit for restoration of dismissed cases by the High Courts' and whether the Bombay High Court and other Courts are governed by the RTI Act to give out this type of information. Thanks
  14. dear sir there is lot of unauthorized construction of 4th floor is going on in DDA SFS flats which has result in various threats like. 1. voilation of high court order which allow only A barsati on the roof terrace of the top floor in addition to mumty is allowed 2. Blocking the use of terrace by ground and 1st floor owners. 3. high scale corruption to construct such floors lot of bribe is paid to MCD ,DDA and POLICE officers . 4. Damaging the safety of structure . which was constructed to acumudate ground ,1st and 2nd floor. All the addition/alteration(s) and additional coverage will be governed by 5 basic principals: 1). There is no encroachment on the public land. 2). Structural stability of the building is ensured. 3). Light and ventilation of the habitable rooms is ensured as per the building byelaws. 4). There is no infringement of other's rights. 5). The service elements such as manhole, rainwater fittings, sanitary fittings etc. are not disturbed and remain exposed for periodical inspection and maintenance. none of these above principals apply to 4th floor construction FACTS: 1. Roof terraces are common spaces as defined by the MoUD to the parliament when the issue was raised during the Delhi Apartment Owners Bill 2. The DDA handbook allows for addition / alteration for increase in COVERED area, but the process of usurping the space on the roof terraces is an INCREASE IN THE PLINTH AREA of the top floor allottee. THE PLINTH AREA (as recorded in the title/sale/lease/registry deed as thats what one has paid for.) CANNOT BE INCREASED. none of department like DDA ,MCD AND POLICE are doing there duties to stop such construction. nor media or press is doing there part to publish such story
  15. Paul Waneson

    Can anyone file a case

    Can any Indian citizen residing in a state other than Maharashtra file a case against leaders for inciting different communities to riot and violent acts on the basis of rights of local residents of a particular region?
  16. whosayin

    court fee

    respected sir, Is court fee stamp ticket worth rs. 20 not considered valid for Right To Information Act fee payment in Gujarat?
  17. Dear sir, Please provide me exact procedure of Court marriage. and respective consequences. there is a special provision for divorced man/woman. awainting your reply. with Regards Lalit Talesara
  18. My friend's younger brother and his friends had been arrested three months ago and all have been booked under section 420 & 468. There was this cheating mentioned by police of Rs Three Lakhs. The police arrested them all and recovered the whole amount at the time of arrest. Till date, my lawyer has not shown me a single legal paper regarding the case despite my repeated requests. They have been granted bail, but asked to deposit title deed as security. My questions are.. 1. How can I obtain complete case papers from the court? 2. Under what conditions can the court ask property title deeds to be deposited as security? Even after the cheated money is recovered? I fear the incharge officer with the help of my appointed lawyer have not disclosed it to court about the recovery of money. I am in a different state (not Maharashtra).. The language is different here.. Please please help..
  19. Freinds... I need help... Having heard about RTI, I thought if I can use this too. I have a peculiar situation here. A court case is supposed to be listed. Now ordinarily the case should be listed every week, however every week, the listing date is postponed for another week. Now my question is how RTI can be helpful for me to get this case listed. And I did some inital searches and found that high courts does provide RTI facility specially if matter is administrative. And here since I just want the case to be listed and heard by a learned judge. On further searches and analysis, I learned that all this is hppenign because some employees of computer department at high court (responsible for creating list of cases to be heard on a day) and 'Peshkar' or (Orderly whosoever) are being paid by opposite party just to keep the case from appearing in to the list. If any of you have come across with such situation and share your expereince, I would be thankful.
  20. Section 23 of RTI Act says: "No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act." Here, what does "order" mean? The term is used in two different contexts within the act: In section 19, and in section 30. (Quoted below) Which of them is protected from jurisdiction of the courts? Thanks Mumbai Civic Section 19 "2. Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order." Section 30 "1. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act. 2. Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament. "
  21. The decision of Supreme Court to force all of the government agencies to disclose ACR to its officials is a great step forwards for transparency in government. The following four paragraphs, taken verbatim from the decision, form the summary of the court opinion. "In our opinion, every entry in the A.C.R. of a public servant must be communicated to him within a reasonable period, whether it is a poor, fair, average, good or very good entry. This is because non-communication of such an entry may adversely affect the employee in two ways : (1) Had the entry been communicated to him he would know about the assessment of his work and conduct by his superiors, which would enable him to improve his work in future (2) He would have an opportunity of making a representation against the entry if he feels it is unjustified, and pray for its upgradation. In the present case, we are developing the principles of natural justice by holding that fairness and transparency in public administration requires that all entries (whether poor, fair, average, good or very good) in the Annual Confidential Report of a public servant, whether in civil, judicial, police or any other State service (except the military), must be communicated to him within a reasonable period so that he can make a representation for its upgradation. This in our opinion is the correct legal position even though there may be no Rule/G.O. requiring communication of the entry, or even if there is a Rule/G.O. prohibiting it, because the principle of non-arbitrariness in State action as envisaged by Article 14 of 19 the Constitution in our opinion requires such communication. Article 14 will override all rules or government orders. We further hold that when the entry is communicated to him the public servant should have a right to make a representation against the entry to the concerned authority, and the concerned authority must decide the representation in a fair manner and within a reasonable period. We also hold that the representation must be decided by an authority higher than the one who gave the entry, otherwise the likelihood is that the representation will be summarily rejected without adequate consideration as it would be an appeal from Caesar to Caesar. We, however, make it clear that the above directions will not apply to military officers because the position for them is different as clarified by this Court in Union of India vs. Major Bahadur Singh 2006 (1) SCC 368. But they will apply to employees of statutory authorities, public sector corporations and other instrumentalities of the State (in addition to Government servants)."
  22. SX4U


    I am new comer to RTI & still novice for the usage of the same. I shall appreciate if any one can tell me if old matters can be dug out & fight in court of law for "justice" perticularly in "accident case" for settlement of claim.
  23. shruti.aggarwal

    court marriage

    HI I'm a 22 yrs old girl and wish to marry the boy of my choice. My parents are against it as the boy currently does not have a car and house of his own. The boy's family is ok with the marriage. My father has said many rude things to me including how he regrets having a daughter now. He has also clearly said that if I wish to marry him I'll have to leave him as soon as possible and there would be no help or involvement from his side even adding that he is ok if I run away from home as he does not wish to see me. I want apply for a court marriage asap. How do I go about the procedure and what kinds of problems will I face from my parents side?
  24. Hello This is Syed Mahmood Hasan.I am assistant line man in M.P.S.E.B. i have apply a case in Labour court no 2 Bhopal in 1994 for fixation,confirmation,pramotion,higher pay scale on the basis of my seniority against M.P.S.E.B but after such a long time and struggle i am not getting justice.After giving huge ammont of fee to advocates i am not getting proper direction in my case.My advocate hide information about my case and the statement which i gave is changed without my knowlegde by my advocate.Since four years hearing of argument is going on but did not get decision. kindly tell me what should i do to get justice. I am looking forward to hearing fron you soon Thank you
  25. The UP and Delhi High Courts are charging 50 times more than the amount being charged by the Centre and a majority of states from a person seeking information under the Right to Information (RTI) Act. While the Centre and most states have fixed the fee at Rs 10, the two HCs have been charging information-seekers Rs 500, virtually denying the poor the information they need. The exorbitant fee has left the UP State Information Commission and Central Information Commission (CIC) fuming. They are demanding amendment to the RTI Act to bring in uniformity in the fee structure. The present RTI gives states and the judiciary right to determine their own fees. “This is virtual denial of information. It is against the spirit of the RTI. I've taken it up with the CIC,” says UP Information Commissioner Justice (retired) M A Khan who is in Delhi to participate in the first three-day convention of the CIC. In its rules formulated on RTI, the Delhi HC says an information seeker will have to pay Rs 500 per application for information on all matters other than quasi-judicial and administrative. For the quasi-judicial and administration information, which will be available only to the affected persons, the fee has been pegged at Rs 50 per application. The court has also specified speed money (Rs 10 per page) for persons who want pages of information urgently.
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