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Found 43 results

  1. I have two queries : (1) Can the PIO and FAA argue during 2nd Appeal hearing through their Advocates (2) Who pays for such expenses? I think I have read some decisions where CIC/ICs have not allowed such practices and in case the PIO utlises advocate during hearing, such expenses have to be borne by him..........
  2. asolicitorfirm

    Divorce Lawyers in Ahmedabad

    We understand that there are unfortunate circumstances in your life and when you see yourself stuck in family dispute it’s important to have quality legal advice as soon as possible we are professional Divorce Lawyers. We also provide legal advice in all kinds of matrimonial concerns as we are the best Divorce Lawyers in Ahmedabad. When you have a family dispute it’s important to have well experienced Child custody lawyers it’s important to take the legal guardian ship of the child when you are legally separated. So if you need any kinds of assistance regarding family disputes we have years of expertise in all kinds of disputes and will be able to provide you the best legal advice. For more information call us on 0972 333 79 84 or visit our website Law Firms in Ahmedabad, Lawyer in Ahmedabad, Law Firm in Gujarat
  3. Advocate's right to seek information for his client? Sent from my ASUS_Z010D using RTI INDIA mobile app
  4. #Bhopal #Madhya Pradesh Bringing in some fresh trouble for Union Minister for External Affairs Sushma Swaraj, who is under fire for helping out ex-IPL commissioner Lalit Modi securing a visa, an RTI activist on Thursday issued some documents suggesting that MP Government has appointed Swaraj’s husband and daughter for representing State before Supreme Court and other forums, in ‘clear violation’ of norms. The documents drawn through RTI reveal that Swaraj’s husband, Swaraj Kaushal was appointed in the panel of senior most lawyers who represent Madhya Pradesh government in the SC, in 2009. Besides, the MP government appointed Swaraj’s daughter Bansuri as junior lawyer in 2013 in the panel of junior lawyers who represent the State in SC on various legal issues. Read at: Fresh trouble for Sushma, RTI reveals her lawyer husband, daughter were appointed to represent MP in SC - News18.com
  5. son_raju

    RTI on Notary Advocate

    Hello, I would to ask the question that can I ask the Xerox copy of Register maintained by Notary Advocate included intery of day to day Notary ?
  6. Asmin

    RTI on Advocate

    Hello, I'd like to get information on an Advocate in a District Court in Tamilnadu.He is not practicing law for the past 10 yrs.He uses his Bar Council ID card and threatens people and does KAAP panchayat and other illegal activities.He got his LLB degree from Bangalore without attending classes.I need to know to prove that he is not practicing for the last 10 yrs.What Information should I RTI and whom to address in the court.Please help
  7. Wanting an explanation as how was cannabis harmful to humans, he sent numerous applications under the Right to Information Act to various Central government ministries and agencies.One such reply from the National Institute of Nutrition, he says, “copy-pasted” a reply from the website of National Highway Traffic Safety Administration of New Jersey. Another reply from the Central Bureau of Narcotics “just mentioned the provisions of the National Drugs and Psychotropic Substances Act, 1985”.Read more at: Marijuana central to our culture, how is it illegal? Lawyer asks in PIL | The Indian Express
  8. Apr 06 2015 : The Times of India (Ahmedabad) Lawyers slam PM for jibe at activists New Delhi TIMES NEWS NETWORK   Activists and lawyers have attacked Prime Minister Narendra Modi for his remarks that “five-star activ ists“ were driv ing the judici ary , saying the remarks were unacceptable and sought to question the legitimacy of activists. Read more at; Lawyers, Prashant Bhushan slam Modi for 'five-star activists' remark - The Times of India
  9. mohanchellappan

    lawyer' arrogancy

    Hello, can an appointed lawyer maintain a stand that He will file only originals documents he decides.this is the fifth lawyer in a case as the lawyers are found to be be influenced by a a land mafia.Can a Plaintiffhimsef represent and file the relevant douments.can he present his papers if he finds that the lawyer is influenced by the land mafia.If he misuses the original documents can the scanned copy be used /.approved
  10. Meenu Khurana

    Reg Advocate seek information

    Sir, If Advocate seek the information to govt. dept. Is any provision/ rule under RTI Act, wherein PIO can denied to supply the information to the applicant.
  11. I am married with my wife on 2008 March. Wife had a conjugal life of hardly 3 months with me, sometime in my native and for 1 month with me, left matrimonial house in 2009. Although my native place is in Raiganj, i live in Kolkata. She and her parents use to abuse me althrough-out. My father expired on April'2012. Earlier father has filed general diary against my wife, her parents on 2010 with local police station and again reported the same on 2011 giving all the details that she does not live with me, not returned bacl and I stay far away from kolkata. Wife filed dVA and maintanance case against me on May'2012. Lower district court send notice to me along with my widow mother and my brother. during june'12. My widow mother accepted her but denied to take notice addressed to me and my brother as a reason that she is not in contact with her children. I have not received/accepted court notice/summons till date although a letter basis court ex-parte judgement on monthly maintanance of 20K and arranging her to stay in my native house was shared to me via protection officer on July 2013. I handed the same to local lawyer. Now court has ordered warrant against me whose executing order is still pending. My wife with help of protection officer brought police along with protection officer, broke lock and keys of my native home last week where nobody stayed. Wife started living along with her mother regularly. Local lawyers told me that there is nothing to worry as because summons/notice were not sent to me through proper channels. Pasting in my residential place, court did not accept the same. No publication in newspaper as well. Although a court record exists that they have sent the same to my kolkata adrress. But I did not acknowldege the same at any stage nor did I recieve. Local Lawyer has done a RTI to get top of it as how the summons were served Particulars of Information to be sought are:- a) To which address the summary of Mr. Suman Ghosh S/O Late Suprabhat Ghosh the O.P No 1 of case no CR 292/2012 of Ld Addl J.M was sent by the protection officer? b) By which process the summons were sent? c) Whether any summon/notice was sent to the address of working place of the O.P No1 Mr. Suman Ghosh of case no C.R.292/12 by the protection officer before 18-12-2012? If so by what mode? d) Whether any summon or notice of case no C.R 292/12 was served upon O.P Suman Ghosh S/O Late Suprabhat Ghosh personally? e) Was there any impediment/objection to serve the summon on him personally? If so what was the reason? Kindly let me know what may be the outcome and how many days does it take to get informations on RTI. I shall be waiting for expert input on the same. Regards Suman
  12. The Orders of the PSIC are as below : Briefly the facts are that Shri Sukhchain Lal has filed the present complaint under Section 18 of the RTI Act before the Commission on 9.7.2013. One-Shri P.C.Bali has appeared on behalf of the complainant in proceedings before the Commission. Shri Sukhchain Lal has given in writing an authority letter authorizing Shri P.C.Bali to represent him in complaint case No.2521/2013. Representation of the complainant by Shri P.C.Bali, however, was objected to by Shri S.K. Sharma, Advocate appearing on behalf of the respondent-Municipal Corporation, Amritsar. His plea is that only an authorized advocate duly registered under law, as such can represent a party in Court proceedings including before the State Information Commission. . Right to Information Act, 2005 is a right based enactment and welfare legislation. It imposes duties on the public authorities to even suo-motto disclose the information. A duty is caused on Public Information Officer under Section 6(1) of the RTI Act to render all reasonable assistance to the person making a request orally to reduce the same in writing. The objective is to facilitate access to information. There is no provision in law which prohibits an information-seeker from being represented by an authorized person. Hon’ble Supreme Court in REVIEW PETITION [C] No.2309 OF 2012 in WRIT PETITION [C] NO.210 OF 2012, Union of India Versus Namit Sharma with REVIEW PETITION [C] No.2675 OF 2012 in WRIT PETITION [C] NO.210 OF 2012 State of Rajasthan & Anr.Versus Namit Sharma has held that Information Commission are administrative tribunals. Therefore, I see no ground to debar a non-advocate to appear in the Commission as authorized representative of an information-seeker. The proceedings in the case shall proceed further. STATE INFORMATION COMMISSION.doc
  13. Brief: Lawyer attending Information Commission as a lawyer Despite requesting the Commissioner not to entertain a Lawyer a Lawyer, Commission is not taking it serious My Argument: A Lawyer can attending Information Commission as a representative only but not as a lawyer Query: I came to know that there is judgement in this regard. Can any one please upload the same.
  14. ArjunThakur

    RTI against HIgh Court

    Hello! I am a law student and I am willing to file an RTI application against the HP Hgh Court. History: I got selected for working in our college legal aid committee. The committee undertook the project "LITIGATION FREE VILLAGE" by virtue of which our college collected information regarding the pendency of cases of villagers in any of the courts in Himachal Pradesh. "Litigation free village" is a project that was carried under the directions of Himachal Pradesh High Court whereby all such data collected shall be scrutinized and the cases that are pending of such villagers in any of the courts in Himachal Pradesh shall heard on priority basis and be disposed within a year. Purpose: Purpose of this project was litigation free village. Failure: This project took place last year and there has been no updates on this from the Hon'ble High Court. My work: So being a law student and also having worked on this project I want to file an RTI application in order to know the current status of this project i.e. Litigation Free Village. I want to find out whether any of the cases that we submitted were entertained or not? So if you are reading this then please guide me as to how I should proceed in my endeavours. Any suggestions would be appreciated. Arjun Thakur [Anticipating your response]
  15. Advocate wages 18-year battle for Rs 9 refund from MTNL Reported by Sibu Thomas timesofindia.indiatimes.com on August 26, 2012 Advocate wages 18-year battle for Rs 9 refund from MTNL - The Times of India MUMBAI: In 1994, an advocate took on MTNLfor charging extra service tax on his telephone bill. The case slowly inched forward in the high court and then the Supreme Court, but he didn't give up. Eighteen years later, he got his due: an MTNL refund cheque for Rs 9 that he received earlier in August. "It was a matter of principle," said Sanjay Kothari, the proud recipient. "MTNL is a public body and if they wrongly charge consumers, they must refund it. Otherwise, it is a case of unjust enrichment." And Kothari is not done yet. He has filed a contempt petition over MTNL's failure to refund the extra tax to other customers as the Bombay high court had ordered in 2010. MTNL has to refund Rs 9 each to 1.8 lakh people An RTI application filed by Mumbai advocate Sanjay Kothari revealed that MTNL has to refund Rs 9 to about 1.8 lakh consumers. The amount works out to over Rs 16 lakh. His case against the public body goes back to the early 90s when Kothari read the fine print in his bill of Rs 340 and realized that he had been charged extra service tax. MTNL refused a refund, following which Kothari, who was represented by senior advocate Arif Bookwala and advocates Sanjay Udeshi and Mahesh Londhe, filed a writ petition in 1994 before the high court. MTNL said Kothari's actual bill was for Rs 380 and since he had paid a deposit of Rs 5,000 under the Own Your Telephone scheme, he was eligible for a rebate of Rs 40 in his bi-monthly bill for 20 years. The PSU stated it would consider his actual bill of Rs 380 when charging service tax, while Kothari argued that it should be calculated on his payable bill of Rs 340. Sixteen years later, the HC ruled in Kothari's favour, saying the service tax should have been charged only on the gross amount reflected in the telephone bill. MTNL moved the Supreme Court a year later, but their plea was dismissed last July on grounds of delay. Earlier this month, he finally got the cheque for Rs 9. "MTNL could have easily adjusted the amount in my current bill, but they chose to issue a cheque which costs money," said Kothari. "It seems they are not keen on paying the others. I am an advocate and could take the case to its logical conclusion, but what about the ordinary citizen?" Clearly, MTNL has not heard the last from him.
  16. What is Police verification meant for issuing Passport to Indian Citizen? Is it necessary to applicant to be present at residence,when the constable come at the residence of applicant?
  17. I am also a RTI activist and filed various RTI applications in various Govt agencies. I have wide and varied experience to deal with RTI applications and officers who do not want to disclose information. If any one wants my help let to contact at ]xxx@yyy.zzz - Deleted email id - posting against forum rules[/b]. I will feel it my privileged to help those who genuinely wants help in drafting and filing RTI application to remove corruption and to fight for right cause and to fight for his or her own right and to protect a human and any person from Govt atrocities and harassment. My name is Mohit Sood and I am an Advocate by profession, practicing in Delhi.
  18. Rodrigues complains against AG before Bar Council of Mah as reported in NewKerala.Com (UNI), June 6 Panaji, Jun 6 : Social activist Advocate Aires Rodrigues has filed a complaint before the Bar Council of Maharashtra and Goa against Goa's controversial Advocate General Mr Subodh Kantak for his alleged professional misconduct. Mr Rodrigues had drawn the attention of the Bar Council to a note moved by the AG on July 15, 2005, seeking to terminate the services of Special Public Prosecutors Mr A P Cardozo and Mr V P Thali, who were handling the prosecution of criminal cases against former Ministers Mr Dayannad Narvekar, Mr Mauvin Godinho and Mr Somnath Zuwarkar. Prior to becoming Advocate General, Mr Kantak was defending these former Ministers in various corruption-related cases. The complaint stated that since Mr Kantak had appeared for Mr Narvekar, Mr Godinho and Mr Zuwarkar before becoming Advocate General, he could not have moved such a note to benefit his former minister clients. The government records obtained by Mr Rodrigues under the Right to Information Act had revealed that Mr Kantak as Advocate General had made recommendations for change of special public prosecutors in criminal cases in which he had appeared earlier for the accused former ministers. When this action of the government in changing the special Public Prosecutors was challenged in the High Court, the AG, after his initial appearance for the state, subsequently did not appear but continued to manipulate, monitor and co-ordinate every move in the petition before the High Court by even assisting in the drafting of affidavits, the complaint said. The AG had also, by a note dated 06/07/2006, proposed that the State of Goa engage the services of Senior Counsel from Mumbai Mr Aspi Chinoy with fees of Rs 1,35,000 per appearance along with Advocate Nitin Sardesai and Mr Mahesh Sonak with fees of Rs 5,000 per appearance to defend his former minister clients in the High Court, the complaint said. The notings of the files obtained from the Law department under the Right to Information Act, which allegedly reveals that Mr Kantak as Advocate General had acted in rank violation of professional ethics, had also been sent to the Bar Council. Stating that Mr Kantak's acts amounted to a conflict of interest, Mr Rodrigues has in his complaint stated that the AG had misused his position as to oblige his political masters Mr Narvekar, Mr Zuwarkar and Mr Godinho, whom he was earlier representing. Demanding the Bar Council's action against the AG, he had in his complaint stated that the actions of Mr Kantak amounted to ''gross interference in the process of administration of justice and that he had degraded the high constitutional post of Advocate General.'' --UNI Rodrigues complains against AG before Bar Council of Mah .:. newkerala.com Online News - 122442
  19. :(hi my question is related to supreme court of India> if the petition is dismissed due to delay and if advocate is responsible for delay in filing petition for SLP and charging a huge amount and later not giving back the amount. where can I complain against the advocate and what action should I be taking i am a female dealing with injustice I have already complaint to the bar council ,the supreme court of India, chief justice of India and many more authorities and in police station also the day I came to know about his fraud its almost 4months now but have not received any information related to my complaints can u plz guide and tell me what all I can do now I want permission to reappear in the court and I want my huge amount back which I gave it to this advocate of mine he mislead me and harassed me a lot I have the evidence against him what do I do.
  20. Where can I obtain copy of the act which applies to State of Gujarat - The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom, Act No. 57 of 1947) Thanks
  21. As reported in deccanchronicle.com on 16 November 2010: State ordered to give list of babus' assets | Deccan Chronicle | 2010-11-16 State ordered to give list of babus' assets Hyderabad, Nov. 15: In a landmark decision the AP Information Commission on Monday brushed aside the state government’s objections and asked it to furnish details of immovable properties held by All-India Service officials in the state to a city-based RTI activist. The commission, headed by the Chief Information Commissioner, Mr Jannath Hussain, was delivering an order on an appeal filed by the RTI activist, Mr O.M. Debara. The commission, for the first time, met twice before deciding on the application. The order means that Mr Debara will get, for a fee, a copy of the list of assets that is filed annually by All-India Service officers. “I compliment the AP Information Commission for their wise judgement,” said Mr Debara. “I have been fighting to eliminate corruption from society and wanted to expose misdeeds by officials.” There are generally no restrictions on legal use of this information. The order of the Information Commission is considered final, though appeals can be filed with the AP High Court and, later, the Supreme Court. The government had contended that providing the information does not serve public purpose and requires third party approval. But the commission considered a number of similar cases, including a judgement of the Karnataka High Court and rulings of the Central Information Commission. The commission opined that with a view to maintaining the transparency not only in the administration but also in public life, there is nothing wrong if the details of assets/properties are furnished to the petitioner. “When such details are provided as a mandatory rule to Income-Tax authorities and to the heads of departments by the same officials, the contention of the government in rejecting the plea for sharing similar information is not acceptable,” the commission noted. Mr Debara, a retired engineer and secretary for the Forum for Better Hyderabad, an NGO, had sought the information under the RTI on September 29, 2008, from the principal information officer of the general administration department.
  22. Sirs, My appeal has been rejected by the Central Information Commission.I would like to appeal in Delhi High Court. What would be the time limit for filing the writ petition? Can some one suggest a good advocate for this purpose?
  23. 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
  24. As reported in thehindu.com on 17 July 2010: The Hindu : States / Kerala : Right to information under challenge Right to information under challenge Right to information is under challenge in the State owing to reluctance of officials to part with information and the failure of the State Information Commission to decide and enforce its orders in many cases. Cases have been piling up before Commission. Now, it is facing the prospect of politicisation also. The Committee for selection of State Information Commissioners recently recommended politician Sony B. Thengamom and former IAS Officer M.N. Gunavardhanan to the Governor for appointment as members of the Commission. Mr. Thengamom is the Kollam district secretary of the CPI and member of its State Council. (The Selection Committee comprised Chief Minister V. S. Achuthanandan, Opposition Leader Oommen Chandy and Home Minister Kodiyeri Balakrishnan. The matter is pending before the Governor.) The Right to Information Act specifies that the State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance. It also mandates that they shall not be a Member of Parliament or Member of the Legislature of any State or Union territory, as the case may be, or hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. RTI activists point out that that the appointment of persons with political background as members of the Commission would undermine the Commission as had happened in the case of Women’s Commission. The appointment of bureaucrats as members too was not very desirable as they were not seen to be upholding the right to information to the fullest extent. Any partisanship by the Commission would lead to denial of the right to information which the Supreme Court had held as a fundamental right. Appointments to the Central and State Information Commissioners have often appeared to be arbitrary in the past. No transparent selection or short-listing process exists before the Committee decides on the names. The government is yet to bring rules in the regard. Proper procedures are also lacking regarding the functioning of the Commission. Cases remain with the commissioners for months and even for more than a year without a hearing. Some cases are not heard. The absence of clear norms on hearing the complaints at times leads to manipulations by the staff of the commission. According to Secretary to the Commission P. Jayakumar, complaints and appeal petitions are decided on a first come, first serve basis. While complaints about non-disposal of application by State Information Officers are addressed in about a month, appeal petitions take six to seven months to be heard. However, he admitted that some cases had not been heard even after a year. Delay in replacement of Commissioners, whose tenure had ended, affected the functioning of the Commission. The Commission had received 14635 papers in 2009-10 of which 1256 were complaints and 1556 were appeal petitions. During the year, 1350 complaints were disposed off (including accumulations from the previous year) and 847 appeal petitions were heard. Of the miscellaneous papers, 11726 were processed. As it stands now, the Act has no provision to ensure compliance with the orders of the Commission, though it can seek a compliance report from the authorities. If there is no compliance, all that the Commission can do is to write to the heads of department to initiate disciplinary action against the officials concerned. As the heads of departments too would often be a party to denial of information, disciplinary proceedings would be only on paper. If officials do not remit fines imposed by the Commission, it can seek initiation of revenue recovery proceedings. However, a number of officials have challenged imposition of fines before courts, and the cases are pending decision. While some State information officers do show diligence in releasing information sought by applicants, some people who make repeated requests pose problems, especially at the panchayat level. Heavy volume of requests that tend to affect the functioning of office may lead to measures that proscribe the right.
  25. Merunalini Thirumavalavan

    Advocate Welfare Board - Reg.

    Hi Friends, Please advise how to know the claim status of Advocate Welfare Board. I am Anbu selvi D/o. V. Thanga Velu, B.A, B.L. Advocate (Late). My father is expired on 30th July 2009. My mother has applied the calim in Advocate Welfare Board. We didn't receive any intimation from the welfare board. Please guide me how to know the status of claim. Regards, T. Merunalini
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