RTI Act: Appeals, Penalties, and Information Commissions
Appeal under the Right to Information Act, 2005 – Section 19
Section 19 of the Act lays down the entire framework for first appeal, second appeal, timelines, powers, and procedure.
First Appeal – Section 19(1)
A first appeal lies to an officer senior in rank to the Central/State Public Information Officer (CPIO/ SPIO) within the same public authority.
Grounds for First Appeal
A person may file a first appeal when:
- No decision is received within the time prescribed under Section 7(1) or Section 7(3)
Civil Procedure Code: Jurisdiction, Transfer, Decrees & Venue
Q1: Types of Jurisdiction under CPC
The Civil Procedure Code (CPC) recognizes several types of jurisdiction, which determine a court’s authority to hear and decide cases. Here are the main kinds:
Types of Jurisdiction
- Subject-Matter Jurisdiction: Refers to a court’s authority to hear cases of a specific type. For example, a Rent Controller cannot decide divorce cases, and Consumer Forums handle cases related to consumer rights and disputes.
- Pecuniary Jurisdiction: Based on the monetary value of the
Transfer of Property Act 1882: Key Legal Doctrines Explained
Doctrine of Election: Approbate and Reprobate
The doctrine of election is a legal principle rooted in equity which states that a person cannot “approbate and reprobate”—that is, they cannot accept the benefits of a legal instrument while simultaneously rejecting its burdens.
Key Legal Concept (Property Law)
In many jurisdictions, including India under Section 35 of the Transfer of Property Act, 1882, the doctrine applies when a person (the “transferor”) attempts to transfer property they do not own
Read MoreThe Chilean Civil Code of 1855: History, Principles, and Interpretation
The Chilean Civil Code: Definition and Scope
The Civil Code is a singular, orderly, and systematic body of private law—a legal framework designed to regulate the civil relations between individuals. Since the nineteenth century, countries across Europe, Latin America, and several nations in Africa, Asia, and Oceania have enacted civil codes.
Historical Context of the Chilean Civil Code
Once independence was achieved, the American nations detached from Spain continued to apply the old, complicated
Read MoreNegotiable Instruments Act and Information Technology Act, 2000 Explained
Negotiable Instruments Act, 1881
The Negotiable Instruments Act, 1881 is the foundational law in India that defines and amends the law relating to promissory notes, bills of exchange, and cheques.
Scope and Features of Negotiable Instruments
Scope
The Act deals primarily with three specific types of instruments (Section 13):
- Promissory Note (Sec. 4)
- Bill of Exchange (Sec. 5)
- Cheque (Sec. 6)
The Act also covers concepts such as maturity, negotiation, endorsement, crossing, presentment, notice of dishonour,
Read MoreWorld Trade Organization Law: Principles, Dispute Resolution, and Key Agreements
Non-Discrimination Principles in WTO Services Trade
Non-discrimination in services under international trade law, specifically within the World Trade Organization (WTO), is governed by two key principles:
- Most-Favored-Nation (MFN) Treatment: Countries must treat all WTO members equally, meaning any favorable treatment given to one member must be extended to all others.
- National Treatment: Foreign services and service providers must be treated no less favorably than domestic ones once they have entered