Wednesday, February 16, 2011
DMK stages up a drama ahead of Elections
PM on CWG Scam
In an answer to the question on time bound investigation of CWG scam, PM answered that there are procedural delays, my question is
- Did he not know that there exists a procedure of law before he made a commitment of 90 days time limit, it seems like he gave an assurance without applying his mind? can a man with such high creditability afford to this?
- When a head of the government cannot delivery justice as promised, will common man still have faith in the government and justice?
- Can we conclude that PM has creditability but no reliability?
Tuesday, February 8, 2011
Grounds for Eviction of a tenant of rented / leased building
Various grounds for eviction are as follows:
- Where the tenant has not paid the stipulated rent for more than 15 days after the rent fell due, and such non-payment is wilful.
- Where the tenant has, without the landlord's written consent, allowed some other person to occupy the premises, either wholly or in part.
- Where the tenant has put the building to a use other than that which the landlord had originally agreed. The term "use" must be reckoned with reference to the lease deed.
- Where the tenant has done any act, which has materially impaired the building or its value or utility.
- Where the tenant has used the building, or has allowed the building to be used, for illegal purposes or immoral purposes.
- Where the tenant is making such a nuisance of himself that his continuance is objectionable either to other tenants of the same building or other persons in the neighbourhood.
- Where the tenant has not occupied the premises in question for a period in excess of four months. (This rule does not apply in hill stations for obvious reasons.)
- Where the tenant denies the landlord's title to the building itself, and such denial is not well founded. I only wish to add that once a tenant commences tenancy under a particular person as a landlord, the law does not allow the tenant to thereafter disown the landlord, or to assert title to the building in anyone else (save for one exception, which is not relevant here).
- Where the landlord genuinely requires the building either for his residential or non-residential occupation, or for the residential or non-residential occupation of any member of his family. Where the landlord (or the person for whom he is seeking eviction of the premises) already owns and occupies another premises in the same town, the landlord must additionally be in a position to state and prove that the hardship that will be caused to him by not giving him the premises will outweigh the hardship caused to the tenant by throwing the tenant out of the premises. This clause is subject to a few exceptions, but these are beyond the scope of this summary.
- Where the landlord genuinely requires the building for effecting repairs, which cannot be carried out unless the building is vacated. Please note that once the repairs are carried out, the tenant will be entitled to re-enter the premises.
- Where the landlord genuinely requires the building for the purpose of immediately demolishing it and putting up a new building in its place. There are a few other grounds of eviction mentioned in the statute such as those involving members of the armed forces or where the government is the tenant. These again, are beyond the scope of what is an attempt to put the primary sections of the statute in a nutshell. If you, as a landlord, are able to fit your requirements for eviction into one of these categories, you will be entitled to file a petition for eviction before a court called the Rent Controller's Court.
Monday, February 7, 2011
Comments on The Tamil Nadu Groundwater (Development and Management) Act, 2003
The act has given away a substantial amount of power in the hands of the authorities, by way of delegated legislation. It’s important to have sub delegations and it is equally important to have guidelines & measures to prevent corruption.
- Appointment of the authorities: There is not much of detailed description about the appointment and meetings of the committee. it’s left to the discretion of the government.
- Sec.9: which is for notification of the area for development, control and regulation. According to the sec 9, the authority shall provisionally notify an area which the authority thinks fit, within a month from the notification date authority has to invite public representation. There is no clear definition of public representation, that is a minimum number of person constituting a public representation, how such representation has to be heard etc is not defined. government has to make rules for the same. It would have been better if there was an guidelines for forming the rules in respect of public hearing.
- Punishment is too little, the offenders would prefer to pay a fine and continue their business.
The act would literally have a very little impact on the preventing the misuse/commercial use of the ground water.
Sunday, February 6, 2011
A Fool’s advocate
I wonder how a person like him is lecturing on god,his heart is full of hatred towards a set of people who have a certain belief and arouse a sense of pride, greed, and sense of superiority among a certain set of humans. certainly he is not acting in general well being of the humans. he take up bits and pieces from various religious book and make up his speech. Ever book or literature has to be read in full and understood in full. people like him is stupid to take bits and pieces of Hindu literature to mislead the people. When he talk about Islam he says one should read as per the context (see video 2). he is certainly a fools advocate because no learned person would buy his lecture.
Thursday, February 3, 2011
Environmental clearance is it a form of licence raj?
Prime minister has expressed concerns over the environmental clearance during the one-day National Conference of State Ministers of Environment. Licence raj should be eliminated is the contention of the prime minister and now the question is whether environment clearance an form of licence raj ? well the answer could be no. licence raj was introduced in India in order to have a check over the industries ,to control the growth of monopolies and to provide an equal opportunity. Environmental clearance is way to check the impact that a newly proposed industry would cause on the existing environment, on the basis of the assessment report permission is given to setup the industries. on the other hand environmental clearance is essential and exist in almost all the developed countries. The government should provide a transparent and faster method of obtaining environment clearance. The delegated legislature should be guide with principle and clear and unambiguous guild lines. The government should be worried about eliminating corruption and the environmental clearance as the whole. PM’s remarks is unacceptable. He should focus on peoples issue but he is looking at the wellness of the corporate. We need a balanced growth, cannot afford to grow by damaging our environment.
Related links: USA environmental protection agency : http://www.epa.gov
