• Professional negligence in ACT

It seems a honest Husband and Father has no Respect and Rights in India.
Pl. Tel how to challenge ACT in India.
How a Law Ministry can help in improving ACT?
What if Professional negligence is found in ACT , how to take action against ACT?
Guidance, Direction on the basis of Law by Court are not acceptable . There must be a simpler way to change law other than Parliament & Court.
Society has improved and Judiciary is not aware. I am not only literate (Highly qualified) but Educated as well. I don't believe I. Domestic violence.
I am asking as a Indian Citizen who wish save his family.
Asked 6 years ago in Constitutional Law

3 answers received in 1 hour.

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14 Answers

Kindly state detailed facts of case 

 

what is professional negligence done by husband 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

1. Any Act passed by the Parliament or through Ordinance can be challenged either in high court or in supreme court if the same is ultra vires of the Constitution of India.

2. So one an act is promulgated by the Legislature of a state or the union of India , only the legislature can later repeal it or the High court or supreme court of India can strike it down as unconstitutional.

THERE IS NO OTHER WAY.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Hello, 

1)  While your disillusionment with ACT which I suppose is a general reference to law, can be understood, unfortunately, the only place to challenge the provisions is in a court of law and any changes can be brought through the parliament in a stable manner. 

2)  Law Ministry is again formed out of members to the parliament, and even if they make any changes,  they have to soon get ratified by the parliament. 

3)  The danger in the ministry getting a free hand to introduce changes can lead to autocratic acts and will be difficult to control as the mechanism is subject to lesser scrutinies. 

4)  As an Indian citizen,  you ought to believe in the available framework of courts and get the service of the best professionals who would ensure that the loopholes are not taken advantage of by the opponents and you get justice if you are not guilty. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

There are number of acts passed by parliament 

 

like hindu marriage act , Hindu succession act , Hindu adoption and maintenance act 

 

which act you want to challenge 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

See to challange the act to be ultra viruses a petition before the High court supreme court has to be made.

Further there is procedure under constitution powers given to parliament to make and amend law that is why only they can make the law.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can challange it before high court by filling a petition you have to challange same on the valid grounds.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The court is the forum to protect the invaluable rights guaranteed under the constitution of this country to every citizen.if any law is enacted,which infringes such rights otherwise known as fundamental rights the apex court or the high court steps in to champion the cause of the victim,whose fundamental rights are sought to be violated by such statute.even a public servant's proceedings,orders or actions if it militates the provisions of the constitutions can be successfully agitated and appropriate reliefs obtained.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can challenge any act or any specific provision/ section of act by filing a petition in the Supreme Court of India, based upon a valid ground

you are advised to consult one prominent lawyer with relevant facts and documents,  before filing such petition to get a prompt reply.

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You need to file a writer petition or public interest litigation to challenge the validity of any section or Act being unconstitutional

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Writ will file before High Court/Supreme court to declare ACT unconstitutional. Law ministry will hardly support.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Honest husband and father is a fact, but what will you do with the dishonest daughter in law?

Once she has approached court with false allegations, you cannot sit at home and say that you are honest  hence you dont have to prove it before court.

If you believe that she has approached the court with false allegations then it becomes your duty to appear before the court and prove her that she is wrong and false which can be done only after explaining everything before court with documentary evidences and merits in your side.

Law is not bad but it is the people who make it appear draconian or dreaded with false allegations misusing the provisions. 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

You are willing to challenge the act, you better discuss with a local experienced lawyer on the possibilities in this regard and decide to proceed further accordingly

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

The domestic violence act can be challenged in the high court or the supreme court. It can be challenged as being unconstitutional and violative of certain cherished rights and principles as enshrined in our constitution.

There may be other grounds too.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. Yes, you are right with respect to its compliance by he authorities without even realising the repercussions of wilfully closing the eyes on the baseless allegations by the women in our country.
  2. In fact, here just be some law to inquire first about the allegations and then call the opposite party to be court of law.
  3. It should be challenged before Hon’ble High Court of Delhi Underwood Writ Jurisdiction as per Article 226 of our Constitution seeking immediate calm in declaring it ultra- vires.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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