Appeal against the order of Licensing authority to LG

The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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farook
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Re: Appeal against the order of Licensing authority to LG

Post by farook » Fri Nov 15, 2013 5:07 pm

avi88 wrote:
goodboy_mentor wrote:That MHA order has zero legal value on Arms Act 1959. Legally that order is nothing but a piece of garbage. MHA is not a legislative body like Parliament. Arms Act 1959 is legislated by Parliament and not by MHA.

Unless Supreme Court scrap this MHA order, until then LA's going to scrap applications by showing that piece paper.
Has any individual or organisation appealed against that order in the Supreme Court
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Re: Appeal against the order of Licensing authority to LG

Post by dheeraj1982 » Fri Nov 15, 2013 6:50 pm

hi farook,

MHA has only issued some guidelines for departmental purpose. It is not some order thus not appealable. Moreover the Licensing authority only dismisses applications on the ground of threat which has been nullified by the delhi high court.
The LG is a retired IAS officer, he has also been DM in Madhaya pradesh and lastly VC of jamia. So he is administrator... thus he supports the beaurocratic system and dose not applies judicial mind while listening to aapeals. Thus to expect a possitive response from the appeal to LG is useless.

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Re: Appeal against the order of Licensing authority to LG

Post by goodboy_mentor » Fri Nov 15, 2013 7:08 pm

That MHA policy can surely be bought to the notice of Courts as one of the many influencing reasons why licensing authorities and appellate authorities are not applying their judicial mind, so that it can be struck down. There is no use blaming that someone is or was IAS/IPS etc.
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992

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Re: Appeal against the order of Licensing authority to LG

Post by farook » Fri Nov 15, 2013 8:53 pm

dheeraj1982 wrote:hi farook,

MHA has only issued some guidelines for departmental purpose. It is not some order thus not appealable. Moreover the Licensing authority only dismisses applications on the ground of threat which has been nullified by the delhi high court.
The LG is a retired IAS officer, he has also been DM in Madhaya pradesh and lastly VC of jamia. So he is administrator... thus he supports the beaurocratic system and dose not applies judicial mind while listening to aapeals. Thus to expect a possitive response from the appeal to LG is useless.
If you dont mind sharing with us Dheeraj, this would benefit others too, what documents did you submit with the application.
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Re: Appeal against the order of Licensing authority to LG

Post by avi88 » Sun Nov 17, 2013 4:25 am

dheeraj1982 wrote:hi farook,

MHA has only issued some guidelines for departmental purpose. It is not some order thus not appealable. Moreover the Licensing authority only dismisses applications on the ground of threat which has been nullified by the delhi high court.
The LG is a retired IAS officer, he has also been DM in Madhaya pradesh and lastly VC of jamia. So he is administrator... thus he supports the beaurocratic system and dose not applies judicial mind while listening to aapeals. Thus to expect a possitive response from the appeal to LG is useless.

Last LG was an IAS too & everyone know in this forum how many ppl got their licenses granted after appeal, including myself. I have been refused twice.

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Re: Appeal against the order of Licensing authority to LG

Post by farook » Sun Nov 17, 2013 11:10 am

The MHA order certainly has done its damage. I believe in Kerala and and Andhra most licenses have been cancelled and the weapons seized. There was an article some time in back on how the landlords in rural Andhra use to recover their money from defaulters at gun point...
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Re: Appeal against the order of Licensing authority to LG

Post by rahulbdelhi » Mon Dec 16, 2013 10:25 pm

Hi Dheeraj,

Have you already filed the appeal in HC ? Do keep us updated on the progress

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Re: Appeal against the order of Licensing authority to LG

Post by karmveer » Tue Dec 17, 2013 6:13 pm

System in india ?? :deadhorse:

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Re: Appeal against the order of Licensing authority to LG

Post by Biren » Tue Dec 17, 2013 8:15 pm

avi88 wrote:
dheeraj1982 wrote:hi farook,

MHA has only issued some guidelines for departmental purpose. It is not some order thus not appealable. Moreover the Licensing authority only dismisses applications on the ground of threat which has been nullified by the delhi high court.
The LG is a retired IAS officer, he has also been DM in Madhaya pradesh and lastly VC of jamia. So he is administrator... thus he supports the beaurocratic system and dose not applies judicial mind while listening to aapeals. Thus to expect a possitive response from the appeal to LG is useless.

Last LG was an IAS too & everyone know in this forum how many ppl got their licenses granted after appeal, including myself. I have been refused twice.
Avi88...sometimes back i did wrote in this forum abt case before a sympathetic officer and someone not sympathetic.. here ppl wrote gun ownership being right balala... constitution etc.. there are persons who have spend their lifetime understanding constitution.. still claiming themselves to be humble student.. and here we had ppl claiming constitution expert..so.. free advice... ZERO advice.. specially when it comes to matters relating to law.. its just not whats written but whats practiced..every case is different and so is approach.. an expert who practices specific stream of law will come close to result but 100% even he/she cannt guarantee

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Re: Appeal against the order of Licensing authority to LG

Post by atalgotra » Sat Mar 29, 2014 12:06 am

Hi IFGians,

Can any one tell me how to file a writ petition in the High Court?

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Re: Appeal against the order of Licensing authority to LG

Post by rahulbdelhi » Mon Mar 31, 2014 5:05 pm

Contact a lawyer.... costs can range from rs 20000 to a lakh depending on the reputation of the lawyer

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