Category Archives: Legal Maxims

A Legal Maxim is an established principle or proposition. They are described as of the same strength and effect in the law as statutes.

Not only, will the use of maxims be in deciding doubt and helping soundness of judgment, but, further, in gracing argument, in correcting unprofitable subtlety, and reducing the same to a more sound and substantial sense of law, in reclaiming vulgar errors, and, generally, in the amendment in some measure of the very nature and complexion of the whole law.

26. Notice of suspension or revocation of license

26. Notice of suspension or revocation of license

(1) Where the license of the Certifying Authority is suspended or revoked, the Controller shall publish notice of such suspension or revocation, as the case may be, in the database maintained by him.
(2) Where one or more repositories are specified, the Controller shall publish notices of such suspension or revocation, as the case may be, in all such repositories.
Provided that the data-base containing the notice of such suspension or revocation, as the case may be, shall be made available through a web site which shall be accessible round the clock

Provided further that the Controller may, if he considers necessary, publicize the contents of the data-base in such electronic or other media, as he may consider appropriate.

 

17. Appointment of Controller and other officers

(1) The Central Government may, by notification in the Official Gazette, appoint a Controller of Certifying Authorities for the purposes of this Act and may, also by the same or subsequent notification, appoint such number of Deputy Controllers and Assistant Controllers as it deems fit.

(2) The Controller shall discharge his functions under this Act subject to the general control and directions of the Central Government.

(3) The Deputy Controllers and Assistant Controllers shall perform functions assigned to them by the Controller under the general superintendence and control of the Controller.

(4) The qualifications, experience and terms and conditions of service of Controller, Deputy Controllers and Assistant Controller shall be such as may be prescribed by the Central Government.

(5) The Head Office and Branch Officer of the officer of the Controller shall be at such places as the Central Government may specify, and these may be established at such places as the Central Government may think fit.

(6) There shall be a seal of the Office of the Controller.

6A. Delivery of service by service provider

6A. Delivery of service by service provider

(1) The appropriate Government may, for the purposes of this Chapter and for efficient delivery of services to the public through electronic means authorise, by order, any service provider to set up, maintain and upgrade the computerised facilities and perform such other service as it may specify by notification in the Official Gazette.

Explanation.—For the purposes of this section, service provider so authorised includes any individual, private agency, private company, partnership firm, sole proprietor firm or any such other body or agency which has been granted permission by the appropriate Government to offer services through electronic means in accordance with the policy governing such service sector.

(2) The appropriate Government may also authorise any service provider authorised under sub-section (1) to collect, retain and appropriate such service charges, as may be prescribed by the appropriate Government for the purpose of providing such services, from the person availing such service.

(3) Subject to the provisions of sub-section (2), the appropriate Government may authorise the service providers to collect, retain and appropriate service charges under this section notwithstanding the fact that there is no express provision under the Act, rule, regulation or notification under which the service is provided to collect, retain and appropriate e-service charges by the service providers.

(4) The appropriate Government shall, by notification in the Official Gazette, specify the scale of service charges which may be charged and collected by the service providers under this section:

Provided that the appropriate Government may specify different scale of service charges for different types of services.

Notwithstanding

Meaning

Nothing will withstand the instructions or procedure given in the words following the term “notwithstanding”.

Explanation

In law, the term notwithstanding is used to specify the operation of a law, which may be conflicting or differing in procedure or instruction from any other similar law.

It means that no matter what another piece of legislation says, it will not withstand the force of the law and will have to concede to the law which specifies that no other law will withstand its force.

Examples

THE COMMISSION OF SATI (PREVENTION) ACT, 1987

3. Attempt to commit sati.- Notwithstanding anything contained in the Indian Penal Code (45 of 1860), whoever attempts to commit sati and does any act towards such commission shall be punishable with imprisonment for a term which may extend to one year or with fine or with both: Provided that the Special Court trying an offence under this section shall, before convicting any person, take into consideration the circumstances leading to the commission of the offence, the act committed, the state of mind of the person charge of the offence at the time of the commission of the act and all other relevant factors.

This means that no matter what is contained in the IPC, the punishment for attempting to commit or doing any act towards committing sati will be punishable as per THE COMMISSION OF SATI (PREVENTION) ACT, 1987

THE RIGHT TO INFORMATION ACT, 2005

CHAPTER VI Section 8(2):

Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

This means that in spite of anything in the Official Secrets Act 1923 which may conflict with the RTI Act, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

THE INFORMATION TECHNOLOGY ACT, 2000

4. Legal recognition of electronic records.
Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law,
such requirement shall be deemed to have been satisfied if such information or matter
is—
(a) rendered or made available in an electronic form; and
(b) accessible so as to be usable for a subsequent reference.

This means that in spite of anything in any other law which may insist on information to be in writing or typewritten or printed, even if it is made in electronic form, it will be deemed to have been satisfied.

In the name of religion…..

This article highlights the things that are done in the name of religion, in India, which would otherwise not be possible to do if the religious excuse was not present.

  • Litter public places
    Throw Coconuts, Lime and Chilly, and other Black Magic devices on pavements, at pedestrian crossings and on the road.
  • Pollute Water and Air
    http://antisuperstition.org/index.php?option=com_content&view=article&id=89&Itemid=87
    http://articles.timesofindia.indiatimes.com/2012-10-16/pune/34497951_1_ganesh-immersion-pavana-river-oxygen
    http://www.indianexpress.com/news/post-ganesh-festival-pollution-level-in-rivers-has-risen-mpcb/689368/
    http://www.guardian.co.uk/commentisfree/belief/2010/sep/22/ganesh-chaturthi-indias-toxic-festival
    http://www.eco-web.com/edi/110408.html
  • http://www.rediff.com/news/2003/nov/11inter.htm
  • Wastage of food
    Coconuts, eggs, cooked food, fruits, vegetables are all either thrown into the sea or into water bodies or just wasted to appease spiritual beings.
  • Noise Pollution
  • Go on a religious pilgrimage subsidized by tax-payers of the country
    http://www.thehindu.com/news/national/eliminate-haj-subsidy-in-10-years-court/article3396806.ece
  • Consume Intoxicants
    http://en.wikipedia.org/wiki/Bhang
  • Murder Children to appease Gods
    http://digitaljournal.com/article/317075
  • Encroach Public Places to setup places of worship
    http://articles.timesofindia.indiatimes.com/2003-05-25/mumbai/27287445_1_illegal-temple-illegal-structures-marine-drive
    http://articles.latimes.com/2011/jan/24/world/la-fg-india-religion-20110124
    http://www.rediff.com/news/2003/nov/11inter.htm
  • Cause public nuisance
    https://www.facebook.com/pages/Mount-Mary-Fair-Bandra-not-fair-to-Citizens/472002186152986?id=472002186152986&sk=info
  • Flout Fire Safety Norms
    http://www.mid-day.com/news/2012/sep/090912-Mount-Mary-fair-Fire-exits-or-death-traps.htm