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Found 156 results

  1. MANOJ B. PATEL

    AP HC must be in AP- High Court

    HYDERABAD: Ruling that a separate high court for Andhra Pradesh should be located within the territory of AP only and not outside it, the Hyderabad High Court on Friday made it clear that the current HC would continue to function as a common court for both the states till a full fledged one for AP is set up. However, given the aspirations of the people of both the states to have their own high courts, the AP government can seek the setting up of temporary or circuit benches of the HC at one or two places in AP till such time its own high court becomes functional, a bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice Sanjay Kumar said. Read more at; Andhra Pradesh HC must be in Andhra: HC - The Times of India
  2. I had seen one post some time back that the judgements of Supreme Court of India is law by vsprajan. Can any of our Hon'ble members give the link to that post or the siad judgement.
  3. Chennai: In first of its kind, Madras High court has passed an order based on WhatsApp posts. A PWD staffer, G. Parthiban had, in his WhatsApp posts, allegedly abused and threatened the petitioner, H.B. Saravana Kumar, a law graduate, for filing a RTI petition with Thanjavur East police station seeking certain details regarding him. Kumar, in the RTI petition, sought of the police answers to a few quarries relating to the arrest and remand of Parthiban in 2014.Read at: WhatsApp posts admitted as evidence at Madras High Court
  4. The Patna high court on Tuesday pulled up the CBI for its refusal to investigate the multi-million crore rupees paddy scam in Bihar and asked the agency to explain to the court as to who ordered it to file a counter-affidavit in this case.The case was filed in the Patna high court by RTI activist Shiv Prakash Rai seeking a CBI inquiry into the paddy scam. According to Mr Rai, the government agencies had shown the paddy as rotten and had disposed it off. It was mentioned in the petition that paddy was sold in the open market.Read at: Paddy scam: Patna High Court pulls up CBI | The Asian Age
  5. Hello, Can we get judgement of High Courts through RTI after paying the fees?
  6. Reported by indianexpress.com on 04 July 2013 Activist challenges transfer of information commissioners - Indian Express Activist challenges transfer of information commissioners Based on documents procured under the Right to Information Act (RTI), 2005, an activist has challenged the transfer of state information commissioners (SIC) effected in the state last year. In his letter to the governor, RTI activist Vijay Kumbhar cited the legal advice given by the advocate general in an earlier case in 2007-08. Last year, state chief information commissioner (SCIC) Ratnakar Gaikwad had transferred three SICs — M H Shah from Nashik to Pune, Bhaskar Patil from Amravati to Nagpur and P W Patil from Nagpur to Nashik. Kumbhar and other activists had stated that the SCIC did not have the right to transfer under the RTI Act and had asked such transfers to be revoked. In 2007-08, Kumbhar said, the legal view of the transfers were quite complex. "Documents state that the then SIC Nagpur Vilas Patil had requested to the high power committee for his transfer to Nashik. The committee under the chairmanship of Chief Minister accepted his request and sent recommendation of transfer to the Governor," he said. The governor's office observed that as there was no provisions for SIC's transfers in the Act and asked the law and judiciary department to get the opinion of the advocate general. In his report submitted to the Governor on February 14, 2008, the AG had stated that SIC can be transferred provided he resigns from his post. "After resigning from the present post, he could be freshly appointed to Nagpur, which would be treated as a fresh appointment," the report stated. Kumbhar added that the three SICs were appointed for specific region by the committee and the appointment letters were signed by the Chief Secretary. "It is clear that even the high power committee can't transfer an SIC then how CIC order can execute such transfers" he said. Gaikwad, when contacted, said under Section 15(4) of the RTI, Act, the CSIC is fully empowered to take decisions independently. It reads as under — 15(4)-General Superintendence, direction and management of all the affairs of the SIC shall vest in the SCIC. He shall be assisted by SICs and may exercise all such acts and things which may be exercised or done by the SIC autonomously without being subjected to directions by any other authority under this Act. "Please ask these activists who is otherwise empowered?" Gaikwad asked.
  7. MADURAI: A petition has been filed in the Madurai bench of the Madras high court seeking its intervention to get information under the RTI Act on the appointment of 23 district judges in Tamil Nadu. In his petition, Madurai-based K Kathiresan said he submitted an application to the Madras high court registrar (administration), who is the public information officer (PIO), on November 25 last year seeking the copies of application forms and police verification reports of the 23 district judges (entry level) who were appointed in 2013. Read at: http://timesofindia.indiatimes.com/city/chennai/Madras-HC-seeks-chief-information-commissioners-response-on-denial-of-info-under-RTI-Act/articleshow/46864916.cms
  8. Delhi High Court adjourns PIL for appointment of CIC and 3 Information Commissioners for ASG to seek instructions 1. The PIL,(W.P.© No.3386/2015) filed by Shri R.K. Jain, Shri Lokesh Batra and Shri Subhash Agrawal came up for hearing on 8-4-2015 before the bench of Hon’ble Chief Justice and Hon'ble Mr Justice Rajiv Sahai Endlaw of Delhi High Court. 2. Shri Prashant Bhushan, Advocate appeared for the petitioners and Shri Sanjay Jain, ASG, appeared for the respondents. 3. Initially, the Court wanted to know from the ASG as to what steps has been taken for the appointment of the Chief Information Commissioner and 3 Information Commissioners since August, 2014 as in April, 2015, it is a long time. Court indicated that appointments be made within 4 weeks. However on the submissions of ASG, the matter was adjourned for tomorrow i.e. 9-4-2015, so that he may seek instructions and make further submissions in the matter. 4. Copy of the Writ Petition is attached. R.K. Jain v. UOI - PIL - CIC Appointment.pdf
  9. The extra courts were part of a national plan to modernise the judiciary and clear backlogs. According to HC records — revealed under a Right to Information (RTI) Act application with Mirror — out of Rs 297 crore granted, Rs 89 crore were received from the Centre since 2010; yet, merely Rs 22 crore were utilised, leaving Rs 67 crore-odd pending with the HC. Of the total, Rs 5 crore were to be spent in Pune.Read more at: Extra courts shut for a lack of funds - Pune Mirror
  10. D.T.RATHAVA has just uploaded About 8 1 (j) SUPREME COURT OF INDIA! SUPREME COURT OF INDIA SAY'S RTI 8 1 (J)
  11. Hello, A RTI was filed with a town panchayat office in tamilnadu in regards to encroachment of the land by them in the context of some community development purpose when they have no rights vested on it...The rti applicant already have a case pending against the town panchayat for this encroachment. This is in the state of tamilnadu. The RTI reply is in tamil. The PIO replied with a one liner -stating that since there is a court case (stating the case no details) pending on this land, no information can be provided in regards to this land at this time and the applicant can move this to first appeal for further instruction,if needed. Does having a pending legal case has any valid ground with rejecting information on the land.? under what clause? Also ,what is a better option now - 1. move this to first appeal..I am sure first appellate also with go hand in hand with the PIO,as in most cases. or 2 file a RTI directly with the higher revenue authority since the court case is only against the town panchayat and not against the revenue department. Information is time critical here..
  12. NEW DELHI: Lok Sabha and Rajya Sabha secretariats and Delhi High Court are among some prominent offices which have not filed mandatory annual reports of compliance of RTI Act even once since the transparency law was enacted nine years ago, according to an advocacy group. Read at: Lok Sabha and Rajya Sabha secretariats, Delhi High Court not filing RTI compliance reports: Study - The Economic Times
  13. Meenu Khurana

    Reg Court case

    Hello, If the husband seek information against his wife in regard to salary details and other parks and requesting the same for submission in the Judicial Court. I just want to know if applicant seek the information for the purpose of court. the information can be disclose to the applicant or not.
  14. Hello, RTI for Delhi Police seeking information about the procedure that they used against a Delhi police personnel who is summoned/warrant/NBW in a court trial. need to know whether somebody already has such information or else help me to draft a one to get concrete information for the same. regards, rk
  15. Supreme Court strikes down Section 66A of IT Act which allowed arrests for objectionable content online Reported by Amit Choudhary & Dhananjay Mahapatra in Timesofindia.indiatimes.com on Mar 24, 2015 Supreme Court strikes down Section 66A of IT Act which allowed arrests for objectionable content online - The Times of India The Supreme Court on Tuesday declared Section 66A of Information Technology Act as unconstitutional and struck it down. This section had been widely misused by police in various states to arrest innocent persons for posting critical comments about social and political issues and political leaders on social networking sites. The court said such a law hit at the root of liberty and freedom of expression, two cardinal pillars of democracy. The court said such a law hit at the root of liberty and freedom of expression, the two cardinal pillars of democracy. The court said the section has to be erased from the law books as it has gone much beyond the reasonable restrictions put by the Constitution on freedom of speech. The Supreme Court said section 66A was vaguely worded and allowed its misuse by police. The court, however, upheld the validity of section 69B and the 2011 guidelines for the implementation of the I-T Act that allowed the government to block websites if their content had the potential to create communal disturbance, social disorder or affect India's relationship with other countries. However, the court watered down section 79 of the I-T Act making it further difficult for the police to harass innocent for their comments on social network sites. The SC delivered its judgment on a bunch of petitions filed in the light of misuse of the penal provision by government authorities against persons who allegedly uploaded offensive posts on social networking sites. The petitioners, including NGOs, civil rights groups and a law student, had argued that Section 66A violated citizens' fundamental right to freedom of speech and expression. The first petition was however filed by a law student Shreya Singhal. The government had opposed the plea for quashing the provision saying it is meant to deter people from uploading grossly offensive material which can lead to lawlessness by inciting public anger and violence. Justifying the retention of the provision, the Centre had told the apex court that the impact of the internet is much wider and restriction on this medium should be higher in comparison to print and TV. It had said, unlike print and electronic media, the internet did not operate in an institutional form and there was need for some mechanism to put checks and balances. The government had said the provision could not be quashed just because of its potential misuse. Posting pictures and comments on social networking sites which hurt religious sentiments could not be tolerated and people must be prosecuted, it said. Former attorney general Soli J Sorabjee, who appeared for one of the petitioners, termed the judgment a 'glorious vindication' of right to free speech. He spoke to the TOI after SC bench of Justices J Chelameswar and R F Nariman struck down section 66A as unconstitutional. Sorabjee said: "The judgment is well researched, well reasoned and erudite in expression. It is a glorious vindication of freedom of expression."
  16. Dear siirs, i have got a proposal from form a catholic female. when i visited her home in her society name plate down was written Mrs. i asked her she say it was a mistake by society and told me check my property paper if Mrs if written. i would like you to guide me how do i come to know if she is married by civil marriage in mumbai or goa court ...how can i get to know to clear my doubts
  17. Hello, Hon. RTI experts, Sir/s, [1] Can a person get information on a case currently in progress at Hon. Family Court at Thane, Maharashtra, under RTI? alternatively [2] Can a person get information on number of summons issued by Hon. Family Court at Thane, Maharashtra in a particular month? If the answer is yes, then, (a) The RTI is to be addressed to which authority and who is the First Appellate authority? & (2) The fee structure. Senior Citizen
  18. zee News, 21.3.2015 Chennai: Holding that mere confession in the absence of evidence cannot be the basis for filing chargesheet, Madras High Court has quashed a murder case against a man, charged with killing his wife, and six others, accused of abetting it. The accused need not be made to go through the rigour of trial, as the entire case had been built on mere confessions made by key suspects to police, Justice R S Ramanathan said allowing a petition by the accused seeking quashing of the case in a magistrate court. "Charge sheet cannot be filed against the accused solely on the basis of confession, which does not lead to recovery (of evidence). In this case, except the confession, there is no recovery. Therefore, the confession cannot be the basis for conviction, even accepting it as true," the Judge ruled. Quoting Supreme Court verdicts, he said "When the confession does not lead to recovery, the confession is inadmissible in law, and the chargesheet based on such confession has no legal basis, and is liable to be quashed."
  19. Rajasthan High Court misinterpreting the RTI Act ? Came across this #StrangeDecision of the Rajasthan HC (Jodhpur bench) wherein the Hon'ble court has applied the provisions of Sec 19(6) of the RTI Act, even to second appeal. Is it a misinterpretation or am I "missing" something ? Rajasthan High Court - Jodhpur None Present For The vs By Way Of This Writ Petition on 26 February, 2015 1 Suraj Sharma Vs. State of Rajasthan & Ors. (S. B. CIVIL WRIT PETITION NO.335/15) Date of Order : 26.2.15 HON'BLE MR. JUSTICE SANGEET LODHA None present for the petitioner. By way of this writ petition, the petitioner is seeking directions to the respondent-State Public Information Commission to decide the second appeal preferred by him. The petitioner made an application seeking information to the Public Information Officer. The request for certain information was refused by the Public Information Officer and therefore, the petitioner preferred an appeal before the Appellate Authority. The Appellate Authority failed to decide the appeal within the stipulated period. In these circumstances, the petitioner preferred second appeal before the State Information Commission on 16.1.14, which has not been decided till this date. Hence, this petition. It is to be noticed that as per mandate of provision of sub-section (6) of Section 19, of the Right to Information Act, appeal is required to be disposed of by the appellate authority within 30 days of receipt of the appeal or within such extended period not exceeding a total of forty five days from the date of filing thereof. 2 In this view of the matter, the petition is disposed of with the direction to the respondent no.4-State Public Information Commission to decide the second appeal, if any, preferred by the petitioner expeditiously, preferably within a period of one month from the date of receipt of certified copy of this order. (SANGEET LODHA), J. vij #StrangeDecision
  20. Hi Team, There is a Panchayat Raj Department, who doesn't reply to most of the RTI Applications though we go to First Appeal and we are ready to submit the SIC also. But I could hear another information from one of my friend saying that if PIO doesn't respond at all, you can go to RTI Court and submit this, then PIO will come to court and answer why he is not replying to RTI Applications? Is that something avaiable if yes, please provide the court details and does lawyer required for this?
  21. In a land mark judgement the Hon'ble Hyderabad High Court asked the GHMC (Greater Hyderabad Municiapl COPRPORATION ) not to disconnect water/power for the TAX defaulters as they have no such right and follow the standard proceedure to realise the tax dues.Municipality was doping all silly things like throwing garbage near the house of defaulter etc. which is rather uncivilized way of collection of taxes.This is a good judgement for public.
  22. karira has just uploaded Allahabad HC: Court cannot direct early hearing in SIC without appellant follow up! The Allahabad HC has disposed a petition of an RTI appellant praying that SIC should hear his matter expeditiously by ru
  23. CWP No.11284 of 2014 (O&M) A bare combined reading of above said information sought by the petitioner vide Annexure P-1, Section 24(1) as well as Section 24(4) of the RTI Act would show that the information sought by the petitioner was not exempted and the Intelligence Wing of the respondent-State was duty bound to supply the information sought by the petitioner. Since, respondent No.1 has misdirected itself while completely ignoring the true import of provisions of Section 24 of RTI Act, therefore, the impugned order dated 22.05.2014 (Annexure P-8) is patently illegal and the same cannot be sustained In view of the above said provisions of the RTI Act, in case respondent No.2 was of the view that the information sought by the petitioner was pertaining to theIntelligence Wing, the Public Information Officer of respondent No.2 was dutybound to transfer the application of the petitioner to the concerned departmentunder intimation to the petitioner. Even this much was not done in the presentcase. Further, the respondents have been taking different stands at differentpoints of time as per their suitability. The only stand taken in Annexure P-3 dated 27.06.2013 was that the Intelligence Wing was exempted from the provisions of RTI Act under Section24(1) thereof. However, in the short reply filed by respondents No. 2 to 4, the stand taken was that information sought by the petitioner was not available on record of the Intelligence Wing. When a pointed question was put up to the State counsel in this regard, he had no answer and rightly so, because it was a matter of record. The respondents have taken contradictory stands at different points of time. No other argument was raised. Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this Court is of the considered view that since the impugned order (Annexure P-8) dated 22.05.2014 passed by respondent No.1 has been found to be patently illegal, the same is hereby set aside. The matter is remitted back to respondent No.1 to pass a fresh order in accordance with law. Let an appropriate order be passed within a period of three months from the date of receipt of a certified copy of this order. Resultantly,with the above said observations made and directions issued, the instantpetition stands allowed, however, with no order as to costs..
  24. aparna_world

    Rti related family court

    Hello, There is one case going on in family court Mumbai.During the case when position for judge was vacant the stage for submitting affidavit was required to come on board. But it could not be happened. Then when new judge was appointed this stage was not come on board and court had skipped the stage and not allowed the lady to file her affidavit. so on this matter we had done RTI and asked family court to give reason for not allowing the lady to submit her affidavit and avidances . also we have asked why the court had not mentioned her stage on board after appointment of new judge ? in reply of RTI Now family court says I) as per section 13 b of high court notification dt 03.09.2009 they are not able to provide the detail II) INFORMATION INCLUDES OPINION, EXPLANATIONS ETC under section 2 of RTI ACT 2005 . But they says we can appeal to Principle judge of family court . so is these valid reason ? under which section we can ask this question ? This is not related directly to case , but it is related to court administration . so please guide .
  25. In a major boost to IFFCO’s legal stand that being member-driven cooperative it lies beyond the purview of the RTI Act- has been upheld by the Delhi High Court on Monday. RTI activist Subhas Chandra Agrawal had appealed in the High Court against the CIC judgment delivered in 2013 in favour of IFFCO. Chandra had engaged the famous lawyer Prashant Bhushan but the honourable court dismissed the arguments and ruled that IFFCO does not fall under RTI Act as it has no government equity and also it is not a ‘public authority’ under Section 2(h) of the Act. Senior Advocate Arvind Nigam and Rajiv Bansal argued for IFFCO. The legal wrangle started with the petitioner Subhash Chandra Agrawal filing an application in the year 2011 under the RTI Act and sought various information from it. By a letter, IFFCO rejected the said application stating that it has no government equity and IFFCO is not a ‘public authority’ under Section 2(h) of the Act. In 2013 the first appeal filed by Subhash Chandra Agarwal against the letter dated 03.02.2011 was also rejected. Thereafter, Subhash Chandra Agarwal filed a second appeal before the CIC and after its rejection too , it filed an appeal in the High Court. The question before the High Court was to ascertain whether IFFCO is substantially financed and /or controlled by the appropriate government so as to fall within the sweep of Section 2(h) of the Act. The petitioners relied on the decision of the Court in Krishak Bharti Cooperative Ltd. v. Ramesh Chander Bawa: (2010) 118 DRJ 176 in support of their contention. After hearing the arguments of the petitioner the Court felt that although, IFFCO was established by the funds provided by the Central Government, the said funds had been returned and the equity has been re-purchased. It was also asserted that IFFCO had paid substantial dividends to the Central Government on the equity subscribed by the Central Government.
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