Monday, October 31, 2011
Recently The Bharati Vidyapeeth deemed university’s New Law College (BVUNLC), Pune, inaugurated ‘E-Court’. As part of the function, a legal discourse on ‘Future of Indian Democracy’ was presented by Justice Deepak Verma (judge, Supreme Court of India). He was the chief guest at the event organised in the NLC auditorium on BVU’s Erandawane campus.Speaking about Indian democracy, and being disheartened with democracy being eroded even in judiciary, Justice Verma said, “The piling up of cases in various courts across the country is a classic example of injustice being meted out to the citizens by the judiciary.” Showing his satisfaction with the professional five-year degree course in law, Justice Verma expressed that though the law profession is overcrowded, there is room at the top through hard work and intelligence.He emphasised that an advocate’s skill is gauged only when he argues a matter in the court. He stressed on law professionals to be proficient in English language as it is a global language.
As per ND TV report, the former Chief Minister of Jarkhand Mr. Madhu Koda was today beaten up in Jail, as per the prison officer. As per Mr. Madhu Koda he went to check the quality of the foods provided in jail, so he was attacked by the Jail Staff. JMM along with his wife has asked for a high level inquiry in respect of this alleged incident of a so-called conspiracy against this imprisoned leader, with an allegation against the jail authorities that " KODA is not an ordinary person, but a former chief minister of a state,and the assualt on him is tantamount to an attack on democratic set-up". We are not concerned with pros and cons of this sub-judice matter of inquiry.But the crucial question of this discussion is that it does not usually said to be an attack on democracy, when a simple, poor and unknown person is so attacked in a jail everyday, but it is always much cried to be against the democratic set-up, when an attack is made on such a so-called leader, even though imprisoned on the charges of corruption. This is in fact unfortunate set-up of our present democracy in our country...I think the people of this nation is required to look at this uneven aspect too.
A New Legal Controversy happened on a Political Promise to build Ram Temple in Ayoddhya, if BJP succeeds in UP
" If BJP obtains a clear majority in the coming election of UP, they will enact a new law to build Ram Mandir in Ayoddhya, if necessary" Recently BJP Leader Mr. Kalraj Mishra has raised a new controversy by making a political promise to the people of UP, going to vote in the coming days. The Constitution of India is lays the very foundation of secularism and BJP leaders are at present on chariots to fight against corruption and all kinds of malpractice, but their UP leaders has a different voice, which aims to give an controversial election gratification to Hindu vote bank. Will this be legal in the eyes of laws and the people of a secular nation ?
The Division bench of Justice KJ Sengupta and justice Joymalya Bagchi permitted company’s counsel Samaraditya Pal to file an appeal against the court's decision on the Singur Land Rehabilitation and Development Act that scrapped the land lease given to Tata Motors by the Left Front regime for its small car plant.Justice IP Mukerji Sep 28 rejected the company’s plea challenging the legislation and declared the Singur land law enacted by the Mamata Banerjee-led government as constitutional and valid.The verdict also validated the actions taken by the government under the Singur land law, though the company was held entitled to compensation to be ascertained by district judge, Hooghly. The automobile major had to shift its Nano small car plant to Gujarat from Hooghly district’s Singur in 2008, owing to protests by farmers led by the Trinamool Congress that sought the return of 400 acres taken from farmers, who were reportedly unwilling to part with their lands. Recently The Calcutta high court on Monday permitted Tata Motors to appeal against its verdict validating the Singur land law but the petition could not be filed as advocates suspended work to condole a colleague's death. The petition is likely to be filed on Tuesday.
Thursday, October 27, 2011
Quoting the Supreme Court's various directions, the Division Bench of Hon. Acting Chief Justice A L Dave and Hon. Justice J B Pardiwala of Gujarat High Court, recently advised the lower judiciary in a recent landmark order securing the dignity of our Judiciary that the judgment should be passed on merit of the case but "preferably without offering any undesirable comments, disparaging remarks or indications which would impinge upon the dignity and respect of judicial system, actus curiae neminem gravabit." The Latin term translated to English stands for "an act of the court shall prejudice no one". The principal civil judge Ramrakhyani had refused bail to two bootleggers earlier this year. Her order was challenged before the sessions court, where the superior judicial officer held her decision wrong and passed strictures against her. The sessions judge wrote in his order that Ramrakhyani had abdicated her duty and had not applied mind at all. Her order was dubbed as "cryptic and unreasonable" and deprecated. Moreover, she was accused of lacking "judicial courage". Therefore the principal civil judge and judicial magistrate first class (JMFC) of Wadhwan, Mr. N M Ramrakhyani requested Gujarat High Court in a special writ to expunge the remarks from the Surendranagar sessions court's order and wanted the judge to be fined for making her enter into the litigation. And The Gujarat high court has expunged adverse remarks against this petitioner judge who had moved the court complaining against a superior judicial officer's unwarranted observations about her in an impugned order.
How can the Investigating agency escape liabilities, when a key witness is said missing in a serious offence ?
As per a recent news report, released yesterday in Times of India, the Chandkheda police official said: "We have learnt that Shrenik Shah, a key witness of most debated "Sanjiv Bhatt" case involving some serious allegations against Mr. Narendra Modi, CM of Gujarat, has been missing from his home. We have spoken to his family but they are not yet ready to file any complaint. We can do little at this juncture." it is also said that a Police Constable Pant has filed a complaint against Sanjit Bhatt with the Ghatlodia police which is investigating this case, and this Shrenik Shah had become a witness and his statement was recorded under 164 CrPC. A statement made under this section, before a judicial magistrate, is difficult to go back on. Any person who chooses to make a volte face after this is liable for imprisonment too. But the crucial questions of facts and laws are now raised at this stage, how the investigating agency can escape their statutory liabilities under the laws to investigate such a serious matter to meet with the ends of justice, just by saying that it can do a little in such case... Is there any legal effective solutions to prevent any such other overriding factors, which are prevailing upon an independent investigating agency ?
Tuesday, October 25, 2011
The Gujarat high court has expressed serious concerns over white-collared criminals getting away with bail on the pretext of repaying the dues after committing huge financial frauds and the inability of financial institutions to recover the siphoned off money. "Is the system so toothless that the financial institutions cannot recover the outstanding dues after such large-scale irregularity or scam is committed and noticed, that it has to permit such bargain?," Hon. Justice Rajesh H Shukla of Gujarat High Court observed, while denying bail to managing director of Vishal Exports, Dipak Mehta. Mehta is accused of duping several banks of crores of rupees.He sought bail and argued that the trial would prolong and if he is released, he can manage to repay the money. He also cited the global recession for the loss in business. But The court was not convinced that if released on bail, the accused can pay up the dues by engaging in the business. "The system is not at the mercy of a person like the accused for recovery of the outstanding dues, and if there is will, sufficient provision in the form of laws like the Securitisation Act has been enacted, which can be resorted to for recovery of the dues... in other words it would mean that a person like the accused can bargain for bail in the guise of repayment of the dues, which he is even otherwise under an obligation to repay," the court noted. Hon. Justice Mr. Rajesh Shukla also observed that with an increase in white-collar crimes, there has to be a fresh look if the criminal justice system and the rule of law are to prevail. "There has to be some kind of deterrent impact, otherwise it would lead to giving a wrong signal that one can easily get bail after commission of the crime and the shortcomings of the system like delay could be taken advantage of," he noted.
" If the land owners are not paid and compensated within two years after the declaration of the acquisition of the proposed land, the whole process of acquisition fails" The Division Bench of Supreme Court of India, presided by Hon Justice Mr. G. S. Sanghavi and Hon Justice Mr.S.J. Mukhopdhyay has recently set an important landmark judgment in a well debated Appeal by the appellants, R. Indira Sharadchandra and others against Tamilnadu Housing Development Board. The time which is lapsed during the court litigation are exempted from the aforesaid period of limitation set for completion acquisition process in due course of laws. This landmark ruling will now help all those effected land owners who are awfully damaged due to the delayed process of acquisition of land.
Monday, October 24, 2011
Recently New Guideline for obtaining New Income Tax Pan Card in India is released, wherein two photographs are now required to obtain a new Pan Card and the affidavits of all members of HUF are also made mandatory before obtaining a new PAN card. Again, PAN card is also made compulsory for all TDS transactions, otherwise TDS shall be applicable flatly at the rate of 20%. Its details are recently published in a Gujarati Newspaper.
Gujarat Samachar : World's Leading Gujarati Newspaper
Gujarat Samachar : World's Leading Gujarati Newspaper
Saptasati Chandipath says what should be blessed achievement in human life.. ... II शुभं देहि धनं देहि यशो देहि ध्वीषो जहि II ... शुभ दीपावली It means - " May the God bless us with all happening that is always good for us.. and May give us wealth for our happiness and May give us good reputation and May keep us always away from vices of envy and hatred..." Happy Dhanteras to all of you, our Friends and Family !!!! and Our Cordial Wishes for Happy Dipawali to all .......
Friday, October 21, 2011
Anna Hajare has proposed a Lokpal Bill before the Nation with a strong suggestion for a provision of "Right to Recall with the People" in respect of elected Leader. The Congress Party has suggested a correction in so-called Anna's proposed "Right to Recall" provision, and all other opposition parties were with Anna until today, but recently Mr. Advani of BJP also declared, while in his Rath-Yatra, that " the proposed Anna Hajare Formula of "Right to Recall" in Lokbal Bill aim to create disorder and disturbance and so it is not worth to be implemented. So now looking to such a controversy among leaders of India about who is right in "proposed Right to recall" Provision in Lokpal Bill", it is now a proved fact that there is and was a question from the beginning about the passing of the Anna Hajare's proposed Lokpal Draft, yet the agitations were raised and supported simply for the political aims. It shows that parties of the Nation are more inclined to bag their own political profits, rather than meeting with thee ends of public interest at large, just like a Fight with force without any public interest call.
Wednesday, October 19, 2011
A Right Step Taken before a year, now the Judiciary needs more progressive walk by having more such E-Courts in whole over country for speedy trial E-Court : India's First District Level Paperless E-Court at Karkardooma Courts, Delhi Indias first District level E-Court inaugurated on 08.02.2010 at District East, Karkardooma Courts by Honble Chief Justice of High Court of Delhi in the pres...
Former Karnataka chief minister BS Yeddyurappa, a 68-year-old Bharatiya Janata Party (BJP) leader , arrested Saturday in corruption cases, Wednesday began his first day in an airconditioned 24X15 feet cell of the central prison here. The cell has an attached bathroom as Yeddyurappa enjoys 'Y' category security. The case against Yeddyurappa, filed by advocates, Sirajin Bhasha and N.K. Balaraj, is that he, his two sons - BJP Lok Sabha member B.Y. Raghavendra and B.Y. Vijayendra, son-in-law R. Sohan Kumar, - conspired to denotify government land in return for monetary gains. Former state Muzrai (endowments) minister S.N. Krishnaiah Shetty, BJP legislator Hemachanda Sagar and several others are also accused in the cases. This story is published today in Times of India. Unfortunate facts in this story is that Leaders enjoy royalty wherever they are, but a common person has no such immunity at all. It is nothing but the mockery of the fundamental rights of equality in laws.
Tuesday, October 18, 2011
" Corruption can be controlled by launching legal actions under the provisions of The Prevention of Corruption Act and also under the provisions of Indian Penal Code, but a sanction to prosecute is a condition precedent, which is generally not granted or awfully delayed against such offender public servant by the concerned public authorities.And therefore common people fails in prosecuting a corrupt public servant through such a complex legal process. Therefore a dynamic Lokpal is more necessary than such a complex legal formalities to curb corruption" said by Hon. Retired Justice of Gujarat High Court Mr. M. S. Parekh, the ex-president of State Commission in a recent legal seminar, organized by Chamber of Commerce at Surat.
"The Name of the Lord Krishna is not a private property... Nobody can setup copyright over the brand name of the Lord "Krishna" who is deeply set in the heart of the people of India." The Delhi High Court has recently granted such a landmark judgment while rejecting an appeal of Bhole Baba Milk Food Industries for setting up a copy right.A detailed report is published in Sandesh at http://www.sandesh.com/sandesh_article.aspx?newsid=340351
Monday, October 17, 2011
At present the appointments of the Lokayukt in Gujarat is made controversial and CM Shri. Narendra Modi has gone on fast in protest...But some TV channels have recently released a report, exposing some truth behind the present controversy. Look at the video released on UTV Bloomberg at http://youtu.be/xMm7HE_4FeI
Sandesh - Gujarati Daily Newspaper has published yesterday an Open Letter of Mr. Arjun Modhavania, the president of Gujarat Provincial Congress Committee, exposing Mr. Narendra Modi, the Chief Minister of Gujarat, with some serious facts and controversial allegations against BJP's proposed candidate of PM...on dt.16th October 2011, at http://www.sandesh.com/sandesh_article.aspx?newsid=339882 And the reference about Mr. Mafatlal's Marital life and its break have also truly some weight...because I have also heard Mr. Mafatlal Patel, abusing about the same this in past...
હરેન ભટ્ટ ની જેમ મારી પણ હત્યા થઇ શકે છે .... ::: સંજીવ ભટ્ટ A recent statement of the bailed out cop Mr. Sanjeev Bhatt raises his finger again...,Refer to the front page Report of "Sandesh" Gujarati Daily Newspaper at http://www.sandesh.com/sandesh_article.aspx?newsid=340213 Yet the spoke man of BJP Mr. Nakvi still continues to defend their CM Mr. Narendra Modi on Zee TV. Is not it so ridiculous for a giant political party being afraid of a dare-devil cop ?
KARTIKEY SHROFF Law Office: Uma Bharati exposes Mr. Narendra Modi... !!!!: I have seen and heard a lot about Mr. Narendra Modi, CM of Gujarat. But I was really taken aback on watching another such facts about him re...
With the Congress pushed to a distant third in Hisar by-polls, Anna Hazare on Monday said the party should take cue from the result and ensure passage of Jan Lokpal Bill in winter session of Parliament or else he would personally campaign against it in upcoming Assembly elections. Hazare warned that the condition of the Congress "would worsen" further if it does not learn a lesson from the poll debacle in Hisar. A Detailed News Report published at http://www.rediff.com/news/slide-show/slide-show-1-congs-condition-to-worsen-if-they-dont-learn-from-hisar-hazare/20111017.htm
Eighteen days after his arrest and 13 days after rejecting a compromise with the Gujarat government, IPS officer Sanjiv Bhatt – who has accused chief minister Narendra Modi of complicity in the 2002 riots – got bail from the Ahmedabad sessions court on Monday 17th October 2011. In April, Bhatt had filed an affidavit (supported by Pant’s affidavit) in the Supreme Court stating Narendra Modi had told the police at the meeting to “let Hindus vent their anger”. Granting bail to Bhatt, judge VK Vyas noted there was no wrongful confinement of Pant and no case of fabrication of evidence. For a Detailed News Report, look at http://www.hindustantimes.com/Bhatt-gets-bail-vows-to-fight-on/H1-Article1-758247.aspx
Sunday, October 16, 2011
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I have seen and heard a lot about Mr. Narendra Modi, CM of Gujarat. But I was really taken aback on watching another such facts about him recently, from the mouth of Shri. Uma Bharati, a senior leader of BJP, exposing Mr. Narendra Modi and his works in Gujarat. Please look at the following video link for knowing some more truth....at http://youtu.be/2dV1fBJ6ECI
The Law and Order situation in India is not so bad for common people, but is certainly getting worse due to new coming tough poll laws in India, especially for some big politicians of Bharatiya Janta Party BJP as well as of Congress. A recent survey has come out with a striking result... for more information, watch this video at http://youtu.be/trniSlIU3rk
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