Friday, December 23, 2011

Bombay High Court questioned "Anna Hazare's Stir as interference with functioning of the Parliament ?"

"Wouldn't your stir interfere with the functioning of Parliament?" the two-judge division bench of Hon. Mr. justices PB Majmudar and Mr. Justice Mridula Bhatkar of Bombay High Court recently asked Team Anna in respect of his proposed stir in Mumbai.The Bombay High Court came down heavily on Anna Hazare and his team, who had sought permission to use the MMRDA grounds in Mumbai for his fast, saying that "the court cannot allow parallel canvassing when Parliament is seized with a debate on the Lokpal Bill. Public opinion can be created in the entire country, so why are they insisting on this place?" the judge asked. He also told Team Anna that they were expecting too much from the government.The judge also said people in Mumbai are very sensitive about noise pollution due to rallies. "What is Satyagraha to you may not be for others. There will be people who may not want your Satyagraha," the HC judge said.As per the media report of IBN Live India, Hazare has also made it clear that he will go to jail if he does not get a place to protest... " Can a person or the mass be allowed to coarse or pressurize our Government beyond the limits of laws in the name of satyagrah or in the nae of the Freedom of Expression, Movement and Demonstration as such ? " is now another question of laws and facts looking to the prevailing situation so developed

No Revenue Authority can ignore even a Kaccha Entry : Gujarat High Court

While adjudicating SPECIAL CIVIL APPLICATION No. 12060 of 2011 with SPECIAL CIVIL APPLICATION No. 12061 of 2011, the HON. MR.JUSTICE S.R.BRAHMBHATT has recently ruled and observed that " The question arises as to whether the District Collector was justified in ignoring the Kachha entry and issuing the notice only to the original vendor. The cancellation of that entry has direct nexus and adverse impact upon the holding in question. Therefore, when the rights of parties are infringed on account of any action, even if it is administrative action, the notice is required to be issued to the party concerned, who is likely to be affected. On this principle alone without opining upon the merits of the order of the Collector, the order is quashed and set aside. The Court reiterate at the cost of repetition that the Court has not opined about the merit of passing the order of cancelling the entry no. 68. However, the order is required to be quashed only on account of the fact that the present petitioners whose names are there in the form of Kachha entries were not heard and they were likely to be affected."

In absence of allegations that applicants at the relevant time were in day to day affairs & management of the accused Company in a complaint, the applicants cannot be held vicariously liable under Sec: 141 of NI Act

While granting an order to set aside a complaint, for the offence under Section 138 read with Section 141 of the NI Act for dishonor of cheque signed and issued by an accused Company, and admittedly not signed by the accused applicants chairman and its directors, the Hon. Mr. Justice M.R. Shah of Gujarat High Court has recently reiterated the ratio set up by the Hon. Apex Court and significantly observed upon disposal of CRIMINAL MISC.APPLICATION No. 13256 of 2007 that " There are no averments and allegations in the complaint that the applicants at the relevant time were in day to day affairs and management of the original accused Company, as required under Section 141 of the NI Act. Considering the decisions of the Hon'ble Supreme Court in the case of National Small Industries Corporation(Supra) and Central Bank of India(Supra), in absence of such averments in the complaint, the applicants cannot be held vicariously liable under Section 141 of NI Act for dishonor of the cheque issued by Company and for the offences alleged to have been committed by Company under Section 138 of the NI Act. It is also required to be noted that even the accused applicants have already resigned as Directors and intimation to that effect was given to the Registrar of Companies prior to the issuance of the cheque by original accused No.1 Company. Under the circumstances also, it cannot be said that applicants have committed any offence as alleged. Under the circumstances, to continue the criminal proceedings against the applicants would be unnecessary harassment to them and/or the same shall be abuse of process of law and Court as, as stated herein above, the applicants cannot be held vicariously liable under Section 141 of NI Act. Under the circumstances, this Court is of the opinion that this is a fit case to exercise powers under Section 482 of the CrPC and to quash and set aside the impugned complaint so far as the applicants accused are concerned."

Before passing Order of detention under PASA act, the detaining authority must come to a definite finding that there is threat to the “public order”

While applying the ratio, laid down by the Hon. Supreme Court, in the case of Ashokbhai Jivraj @ Jivabhai Solanki v. Police Commissioner, Surat [(2001) (1) GLH 393), having considered the decision of the Hon'ble Apex Court in the case of Ram Manohar Lohia v. State of Bihar (AIR 1966 SC 740), the Hon. Mr. Justice M.D. Shah of Gujarat High Court has recently quashed and set aside the impugned order of detention dated 08.07.2011 passed by the Police Commissioner, Ahmedabad City, and ordered the detenu to be set at liberty forthwith, with the landmark setting observation and judicial precedence in a recently adjudicated SPECIAL CIVIL APPLICATION No. 17648 of 2011 of NAGENDRA @ TINKU S/O PANDUVADIVEL MADRASI THROUGH HIS FRIEND - Petitioner as such that " It is held by the detaining authority that as the detenu is indulged in illegal activities, so it is required to restrain the detenu from carrying on further illegal activities, i.e. selling liquor. The detaining authority has placed reliance on the above registered offence and statements of unnamed witnesses. In the opinion of this Court, he activities of the detenu can, by no stretch of imagination, can be said to be disturbing the “public order”. It is seen from the grounds that a general statement that has been made by the detaining authority that consuming liquor is injurious to health. In fact, a perusal of the order passed by the detaining authority shows that the grounds which are mentioned in the order are in reference to the situation of “Law and order” and not “public order”. It is clear that before passing an order of detention of a detenu, the detaining authority must come to a definite finding that there is threat to the “public order” and it is very clear that the present case would not fall within the category of threat to “public order” Therefore, on this ground, the subjective satisfaction arrived at by the detaining authority is vitiated on account of non-application of mind and the impugned order, therefore, deserves to be quashed and set aside."

"Absence of basis ingredients of offence in a complaint justifies quashing of such complaint" : SC

Setting up a landmark judicial precedence in the matters of Gorige Pentaiah v. State of Andhra Pradesh & Others (2008) 12 SCC 531, the Hon. Apex court has significantly observed with the order of quashing the impugned criminal complaint FIR that " when the basic ingredients of the offence are missing in the complaint, then permitting such a complaint to continue and to compel the appellant to face the rigmarole of the criminal trial would be totally unjustified leading to abuse of process of law."

Insurance company could not be held liable for compensation for accidental death of a traveler in a goods vehicle

While adjudicating FIRST APPEAL No. 1361 of 1997 against an impugned order of Motor Accident Claims Tribunal, the Hon. Mr. Justice K.S. Zhaveri of Gujarat High Court has observed that "It is not in dispute that the vehicle (Truck) in question in which the deceased was travelling was a 'goods vehicle'. Under the circumstances, the appellant-Insurance Company could not be held liable in view of the principle laid down in National Insurance Company Limited v. Rattani & Ors. (2009) 2 SCC 75, in respect of the victim father of original claimant was travelling in a goods vehicle like Truck "

Thursday, December 22, 2011

" Parliament cannot be dictated from Footpath.. Image of Nation is at stake " Lallu Prasad Yadav

The Speech of Mr. Lallu Prasad Yadav, Member of Parliament in respect of recently presented Loppal Bill in parliament. It was RJD leader Lalu Prasad who stole the show during the introductory debate on the Lokpal and Lokayuktas Bill in Lok Sabha today.The portly former Bihar chief minister had the members from both the Congress and BJP benches in splits as he meandered through his comic monologue release by IndiaTV on

Tuesday, December 20, 2011

Gujarat High Court slams Gujarat State Government in respect of reservation for weaker sections in power.

While deciding the issue, raised in writ proceedings by the petitioners Nathabhai Zala and Mohan Vaghela of Thoriyali and Khodapipar villages in Rajkot district after the Gujarat state government failed to respond to ensure reserved seats for the backward classes in their respective villages, A division bench of the Hon. Mr. justice VM Sahai and Mr. Justice AJ Desai awfully criticized against the Gujarat state government yesterday and has ordered for a fresh panchayati elections be held on December 29 in these villages after seats are reserved for the backward community members, with a specific direction to all the concerned departments, including the state election commission to ensure that detailed list of these "lesser" populated villages is prepared and ensured that every village in the state has a seat reserved for scheduled castes and scheduled tribes. The Division Bench observed that the weaker sections were prevented from providing effective leadership as dominant sections captured power and used it for their ends. This led to loss of faith in grassroot democracy. As per a media report, since decades the Gujarat state government had avoided reserving seats for representatives of these backward classes in close to 5,000 villages panchayat citing "inadequate populations" of these villages, out of 12000 villages of the state.In accordance with the provisions of article 243 B of our constitution, the reservation for these weaker classes, be it a lesser or a sizeable populated village is mandatory. The division bench has slammed the Gujarat state government, setting up a landmark mandate against the state government, now to ensure that every village in Gujarat has a seat reserved for representatives from backward communities.

Illegal Mushrooming of Educational Institutes in our Country is again awfully criticized by the Apex Court

While confirming the order of the dismissal Order of Gujarat High Court, in the matters of the writ proceedings initiated by unapproved MSKM B.Ed. College of Gujarat, managed by Shri Morvi Sarvajanik Kelavni Mandal, The Hon. Justice Mr. T.S. THAKUR, of Supreme Court of India, has further dismissed CIVIL APPEAL NO.11215 OF 2011, and has observed some serious remarks against the illegal mushrooming of educational institutes in our country as such that " Mushroom growth of ill-equipped, under-staffed and un-recognised educational institutions was noticed by this Court in State of Maharashtra v. Vikas Sahebrao Roundale and Ors. (1992) 4 SCC 435. This Court observed that the field of education had become a fertile, perennial and profitable business with the least capital outlay in some States and that societies and individuals were establishing such institutions without complying with the statutory requirements. The unfortunate part is that despite repeated pronouncements of this Court over the past two decades deprecating the setting up of such institutions. The mushrooming of the colleges continues all over the country at times in complicity with the statutory authorities, who fail to check this process by effectively enforcing the provisions of the NCTE Act and the Regulations framed thereunder. The present is one such case where the institution established by the appellant has been inspected more than once and several deficiencies that seriously affect its capacity to impart quality education and training to future teachers specifically pointed out. It is difficult to appreciate how the institution could have reported compliance with the requirements of the regulations and complete removal of the deficiencies after the order passed by the High Court when the institution had neither the land standing in its name nor the building constructed in which it could conduct the training program. The fact that the institution was being run in a building which was shared by two other colleges was itself sufficient to justify withdrawal of the recognition granted in its favour.

"Accused has no right to file any materials or documents at the stage of framing of charges" SC

While deciding a petition of the applicant Helios & Matheson Information Technology Ltd. & Ors., in the matter of SPECIAL LEAVE PETITION (CRL.) NO.4606 of 2011, the Hon. Supreme Court of India, has reiterated the principle of criminal jurisprudence in respect of the rights of the accused at the time of framing of charges, as earlier decided in the matters of State of Orissa v. Debendra Nath Padhi (2005) 1 SCC 568, and has observed that " The law is that at the time of framing charge or taking cognizance the accused has no right to produce any material. No provision in the Code of Criminal Procedure, 1973 (for short the "Code") grants to the accused any right to file any material or document at the stage of framing of charge. That right is granted only at the stage of the trial. Satish Mehra case, (1996) 9 SCC 766 holding that the trial court has powers to consider even materials which the accused may produce at the stage of Section 227 of the Code has not been correctly decided. It is well settled that at the stage of framing of charge the defence of the accused cannot be put forth. The acceptance of the contention of the accused would mean permitting the accused to adduce his defence at the stage of framing of charge and for examination thereof at that stage which is against the criminal jurisprudence."

" For custody of children, the paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute." SC

While adjudicating about the custody of the minor children, in a judicial battle between husband and wife, in the matters of SPECIAL LEAVE PETITION (C) Nos. 35468 & 35469 OF 2009 of the applicant wife Gayatri Bajaj, the Hon. Supreme Court of India has again emphasized upon the principles of welfare and interest of the child and has observed that " In a matter relating to the custody of children the first and the paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute. Even the statues, namely, the Guardianship and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956 make it clear that the welfare of the child is a predominant consideration. In a matter of this nature, particularly, when father and mother fighting their case without reference to the welfare of the child, a heavy duty is cast upon the Court to exercise its discretion judiciously bearing in mind the welfare of the child as paramount consideration.

Thursday, December 15, 2011

For a specific performance of a contract of sale of immovable property, there must be certainty with respect to the property to be sold. And the relinquishment has to be unambiguous " SC

While adjudicating some important issues of laws, with respect to the specific performance of a contract,in the matters of Civil Appeal No. 3249 OF 2005, The Hon Supreme Court of India has recently observed that " Damages and specific performance are both remedies available upon breach of obligations by a party to the contract. The former is considered to be a substantial remedy, whereas the latter is of course a specific remedy. It is true that explanation (i) to Section 10 of the Act provides that unless and until the contrary is proved, the Court shall presume that breach of contract to transfer immovable property cannot be adequately relieved by compensation in money. However, this presumption is not an irrebuttable one. That apart, for a specific performance of a contract of sale of immovable property, there must be certainty with respect to the property to be sold. As held by this Court in para 18 of Mayawanti Vs. Kaushalya Devi reported in 1990 (3) SCC 1 :-"18. The specific performance of a contract is the actual execution of the contract according to its stipulations and terms, and the courts direct the party in default to do the very thing which he contracted to do. The stipulations and terms of the contract have, therefore, to be certain and the parties must have been consensus ad idem. The burden of showing the stipulations and terms of the contract and that the minds were ad idem is, of course, on the plaintiff. If the stipulations and terms are uncertain, and the parties are not ad idem, there can be no specific performance, for there was no contract at all............." As far as the propositions of law concerning relinquishment as canvassed by the respondents are concerned, there is no difficulty in accepting the same. However, the relinquishment has to be unambiguous. As held by this Court in Surjit Kaur Vs. Naurata Singh reported in 2000 (7) SCC 379, the party seeking part performance must unambiguously relinquish all claims to performance of remaining part of the contract. "

Wednesday, December 14, 2011

Sisva has set up an illustrative landmark in village administration

In Sisva village of Anand District in Gujarat has recently set up an illustrative landmark, by selecting unanimously only young unmarried girls of an age between 18 to 22 years as its Gram Panchayat Members, including its Sarpanch Hinalben Shaileshbhai Patel. It is also its fourth consecutive unanimous selection of all its Gram Panchayat Members, without any election, by this united electoral community of village Sisva. Such an unity at the smallest unit of an electoral body is not only meant to save lots of public money but also a symbol of strength to work together with unity, in the large interest and  progress of their village. And now for this term, the selection of all these young educated girls in the administration of a village has reinforced the strength and vision of this village for its pretty good future. So this is not only a big illustration to all our villages, but also other electoral units like Municipalities, Corporation, Taluka Panchayat as well as District Panchayat, where more and more involvement of selected young generation could be a new gateway for a total revolution,meant for development and progress at large.

Monday, December 12, 2011

SC: "Right to Information is an intrinsic part of the fundamental right to free speech and expression." A Landmark Judgment of the Apex Court on its Denial and Remedies.

While adjudicating CIVIL APPEAL NOs.10787-10788 OF 2011 of Chief Information officer and others against the State of Manipiur and others , the Hon. Mr. Justice Ganguly Supreme Court of India has set up a landmark judicial precedent in respect of Laws of Rights to Information and its denial and remedies, in accordance with the provisions of Right to Information Act and has observed that " Right to information, which is basically founded on the right to know, is an intrinsic part of the fundamental right to free speech and expression guaranteed under Article 19(1)(a) of the Constitution.A society which adopts openness as a value of overarching significance not only permits its citizens a wide range of freedom of expression,it also goes further in actually opening up the deliberative process of the Government itself to the sunlight of public scrutiny.In making a request for an Information, an applicant is not required to give any reason for obtaining the information or any other personal details excepting those which are necessary for contacting him. Such request has to be disposed of as expeditiously as possible. In any case within 30 days from the date of receipt of the request either the information shall be provided or the same may be rejected for any of the reasons provided under Sections 8 and 9. The proviso to Section 7 makes it clear that when it concerns the life or liberty of a person, the information shall be provided within forty-eight hours of the receipt of the request.The appellant after having applied for information under Section 6 and then not having received any reply thereto, it must be deemed that he has been refused the information.The said situation is covered by Section 7 of the Act. The remedy for such a person who has been refused the information is provided under Section 19 of the Act."

Sunday, December 11, 2011

Vidhya Sahayak for teachers, Lok Rakshak for police and Gram Mitra in rural administration are "Gujarat State Sponsored Financial Exploitation"

A division bench of the Gujarat High Court, comprising Acting Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala, has observed last week, while hearing a public interest litigation (PIL) that has challenged the Gujarat government policy to recruit young people on fixed salary for five years, that "It had “almost” made up its mind that the state government’s scheme to recruit Class III and IV employees on fixed salary for a fixed time frame was in violation of Constitutional provisions." Dr. Rajendra Shukla, president of the Shree Yogkshem Foundation for Human Dignity, the petitioner of the aforesaid PIL called the policy of Government of Gujarat as 'unlawful’ and ‘unfair’ labour practice, which is exploitative in nature and has recently further added in public that, "In our state of Gujarat, today 'State Sponsored Financial Exploitation' is practised, wherein the youth are employed on a fixed salary basis, like Vidhya Sahayak for teachers, Lok Rakshak for police and Gram Mitra in rural administration, which is a practice not followed anywhere else in the country. For instance, a youth will get employed for a meagre amount of Rs.1350 per month for five years. Imagine how his person would be running his house? Under the name of development, everything is hollow.”

Saturday, December 10, 2011

India needs strong implementation of laws, rather than new legislation

It was a dispute that there is no law or legislation to curb corruption, now it is a dispute that there is no strong legislation proposed to curb any corruption.... and all our politicians with their volunteers are involved in one kind of internal war against each other, without attending to their parliamentary functions and there is a bog waste of our valuable time, public money and man hours in such liquid political situations... This is really unfortunate transactions of the present time, because several laws are there in our nation... yet another agitation is procured without any judicious consideration... as you know well that the so-called Lokpal bill is still not legislated, but the so-called corrupt ministers like Raja, and Kanimozi could have been sent behind the bars... even in past several immune personalities should have suffered and incurred even severe imprisonments or vigorous sentences for their dishonest actions... and more such so-called immune public servants may be sent to jails in coming days, for their illegal dishonest corruptions... The History of our Nation is a good witness of such events, one can look at it... and It is that only important ingredient of "Dishonesty" behind every serious public offence like corruption, misappropriation, theft, cheating, criminal breach of trust or unlawful gratification pertaining to the moral turpitude under Indian Penal Code and other present Acts, ... So provisions of laws are there and remedies are also enacted, simply proper implementation and appropriate maintenance is strictly essential to control such the evil or corruption... and above all the strong and honest will power and determination to curb the corruption is necessary before any action or legislation... because "Laws alone are not the remedies to control corruption". If one may look at our certain landmark judicial precedents, it may be certainly summarized that "Nobody is immune in the eyes of laws, if he has contravened any express provisions of laws....No action is protected, if it is done against the provisions of laws.... an illegal act can not be said as an official act or duty.... no public servants are entitled to act beyond the laws... Thus every dishonest action or inaction are liable to be punished if it is so intended.. But it is never strongly intended, except we spend again and again... as usually in the hands of politically oriented people... As a matter of fact, the recent remarks of our Hon Supreme Court " How much we are spending on the security of the people who don't deserve it.. " says lots of things... if we read and see in between the lines in the large interest of our country...

Friday, December 9, 2011

A Slap of HC on the face of "Politically Interested Litigation" against the Appointment of Lokayukt in Gujarat

Recently on failure to deposit the penalty costs of Rs.25000/- for filing a frivolous litigation, as ordered in the judgment of WRIT PETITION (PIL) No. 129 of 2011, on Dt.14 October 2011 , the Division Bench of the HON. CHIEF JUSTICE MR.BHASKAR BHATTACHARYA and HON. MR.JUSTICE J.B.PARDIWALA of Gujarat High Court has further passed an order to issue a bailable warrant against the litigant petitioner lawyer Mr. Asok Pande, if he fails to comply with the order further within a week from 8th December 2011. As it is previously discussed, the Petitioner Lawyer Mr. Pande had sought removal of Gujarat governor after chief minister Narendra Modi wrote a letter to the prime minister to recall her from her office, for appointing justice Mr. R A Mehta as Lokayukta without his consent. The Petitioner Lawyer had contended with the so-called supremacy of the Chief Minister Mr. Narendra Modi that the governor's appointment itself was illegal because Modi's consent was not taken before her appointment.And after hearing all the parties to this writ petition finally On October 14 this year, a division bench of Gujarat High Court has slapped him in a precedent setting manner, with a penalty costs of Rs.25000/- while dismissing his "publicity interest litigation" or "political interest litigation".

Thursday, December 8, 2011

SC again emphasized for the Implementation of the Scheme of High Security Registration Plates (HSRP) and Sets up its Dead Line to 30th April 2012

Recently while dealing with the issue about the implementation and fixation of the previously proposed Scheme of High Security Registration Plates (HSRP) in all States and Union Territories of India, the Bench of Hon. Chief Justice of India, Mr. Justice S.K. Kapadia, Mr. Justice A.K. Patnaik and Mr. Justice Swatanter Kumar of the Supreme Court of India, again strongly emphasized for the the Implementation of the said HSRP Scheme and continued with its deadline to 30th April 2012, without changing its date for implementation all over the country. While adjudicating above issue, The Hon. Apex Court has further observed therewith, restricting all other High Courts of India too in the large interest of justice that " With a view to ensuring proper implementation of the judgments and directions of this Court, as contained in its various orders, in regard to manufacturing and affixation of the HSRP, it is imperative for this Court to direct that it will be in the fitness of things and even the judicial proprietary would demand that no High Court should pass any interim orders cancelling or staying the tender process in relation to implementation of the scheme." And further taking serious notes of the individual actions of all the states and union territories of our country, the Hon. Supreme Court of India strictly has commented that " Despite the above orders of this Court, majority of the States have not fully implemented the scheme regulating issuance and fixation of High Security Registration Plates (HSRP). From the affidavits filed on behalf of the respective States, it is clear that they have not been vigilant enough to take appropriate steps for initiation and completion of the HSRP scheme and, in any case, not with required expeditiousness." In respect of Gujarat, it is observed by the Apex Court that " The State of Gujarat had issued the tender notice and considered even the persons not possessed of `TYPE APPROVAL CERTIFICATE'. However, they have added a condition that upon awarding of the contract and before manufacturing HSRP, the TYPE APPROVAL CERTIFICATE duly signed by the competent authority should be submitted, at most within three months. Due date for submission of tender was 20th October, 2011. Five bids had been received. Technical bids had been opened. Financial bids are to be opened on 28th November, 2011 and the agreement would be signed by 15th April, 2012. We do not contribute to the method that has been adopted by the State of Gujarat for implementation of the scheme. They ought to have acted in consonance with the directions of this Court. Be that as it may, since the conditions contained in the directions of this Court have not been waived and only a period has been prescribed to submit the `TYPE APPROVAL CERTIFICATE', we do not consider it appropriate to direct the State to hold the entire tender process afresh. But we make it clear that the agreement should be signed and the implementation of scheme should positively commence by 30th April, 2012. We also make it clear that no further time would be granted to the State of Gujarat in this behalf."

Tuesday, December 6, 2011

India needs Cyber Policemen, who can ensure freedom of Speech and filter Abuses

Recently the social Networks like Facebook, Yahoo etc are hugely misused to upload offensive, defamatory and even abusive contents in respect of political personalities, celebrities, big industrialists, and even for young guys of any sex, simply in the names of fun, fury or political propaganda... Circulation of any such defamatory offensive or abusive contents among the circles or groups of friends can be a matter of fun and amusement but it is still an offence of defamation, in accordance with the provisions of Section:500 of India Penal Code and all those persons who are publishing, circulating, promoting and commenting and even sustaining on their Networks can be liable for the punishment as well as for a huge compensation in respect of any such offence of defamation and libel in the eyes of Indian Laws... Yet lots of such offensive publication and circulation of defamatory contents of our Political Leaders and celebrities are procured and promoted everyday on such Social Networking Sites, without any restraint.. and thus Freedom of Speech has crossed beyond the line and limits of demarcation, which is a true bitter fact.. Therefore India needs Cyber Policemen, who can ensure freedom of Speech and filter Abuses... Hence yesterday an eminent lawyer of Supreme Court of India and the Cabinet Minister in the Centre Mr. Kapil Sibal indicated in reference to such the cyber storm and misuse of Internet medias recently that " Our Indian government is working on some specific guidelines to enforce some sort of monitoring to screen the contents of the social networks. Intention of the government is just to monitor objectionable content and not to interfere with the freedom of expression or Freedom of The Press. We will evolve guidelines to ensure such content is not part of any platform. We simply want some human intervention until these platforms develop technologies to stop objectionable content from getting published. Countries like China, Saudi Arabia and Iran censor the internet. China has 30,000 cyber-policemen who monitor the net.." A Google spokesperson has rightly said in this regards that “We follow the law when it comes to illegal content… But it also means that when content is legal but controversial we don’t remove it because people’s differing views should be respected, so long as they are legal.” Anyway, in the nick of this time, India needs Cyber Policemen, who can ensure freedom of Speech and filter Abuses of Media and Social networking.."

Monday, December 5, 2011

"No right to insist for a particular route for Tazia procession on the eve of Moharram" Gujarat High Court

While adjudicating an issue about the route of the Tazia procession on the eve of Moharram, in the matters of SPECIAL CRIMINAL APPLICATION No. 3143 of 2011 under Arts. 14, 19, 21, 25, 26 and 226 of the Constitution of India, HONOURABLE MR.JUSTICE RAJESH H.SHUKLA of Gujarat High Court has recently observed That" The right under Art. 25 on the religious freedom cannot be a matter of quarrel as in a democratic and secular country. Such freedoms would always be there, but it has to be subject to reasonable restrictions. What could be reasonable restriction cannot be defined in formula uniformly for every place, every occasion and every situation as it will have to be considered depending on various factors including the change in the topography of the city, volume of traffic, public interest and ultimately it is the public interest which must prevail. Therefore, pubic interest and maintenance of law and order is an aspect which cannot be overlooked and therefore it cannot be said that the petitioner can have any right to insist for a particular route "

"No Blacklisting without affording an opportunity to be heard" Gujarat High Court

Following the established judicial guidelines by the Apex Court, the Division Bench of MR.JUSTICE V. M. SAHAI and MR.JUSTICE A.J. DESAI of Gujarat High Court allowed a writ with a significant observations in tune with the Rules of the Natural Justice, in respect of the impugned Blacklisting of the petitioner offset printing press, by the government agency, in a recently adjudicated proceedings of SPECIAL CIVIL APPLICATION No. 13929 of 2011, that " the order (of Blacklisting) cannot be passed without issuing any notice or without affording an opportunity of hearing to the affected party.The law contemplates that prior to passing of the impugned order of blacklisting, opportunity of hearing has to be afforded to the affected party as the blacklisting entails civil consequences.

Friday, December 2, 2011

"A woman makes her completely immune to the charge of adultery " SC

While adjudicating a CRIMINAL APPEAL NO. 2232 OF 2011, the Hon. Mr. Justice Aftab Alam, of the Apex Court of India recently observed in respect of the offence of adultery against a married woman, that " the provision of Section 497 deals with the offence of adultery which is currently under criticism from certain quarters for showing a strong gender bias for it makes the position of a married woman almost as a property of her husband. But in terms of the law as it stands, it is evident from a plain reading of the Section that only a man can be proceeded against and punished for the offence of adultery. Indeed, the Section provides expressly that the wife cannot be punished even as an abettor. Thus, the mere fact that the appellant is a woman makes her completely immune to the charge of adultery and she cannot be proceeded against for that offence"

"Award by Lokadalat in criminal Case on Settlement is an executable Decree in civil court " - SC

Hon. Mr. Justice P. Sathasivam of Supreme Court of India has recently redefined the meaning of the legal services rendered in Lokadalat, with a significant interpretation of Section 21 of the Legal Services Authorities Act, 1987, while finally adjudicating a CIVIL APPEAL NO. 10209 OF 2011, preferred by the appellant r. K.N. Govindan Kutty Menon, and the Apex Court has set up a landmark judicial precedent about the effect of an award, derived by our Lokadalat in a criminal case under the provisions of Section 138 of the Negotiable Instruments Act, 1881. The Question posed for the consideration before the Apex Court was that when a criminal case filed under Section 138 of the Negotiable Instruments Act, 1881 referred to by the Magistrate Court to Lok Adalat is settled by the parties and an award is passed recording the settlement, can it be considered as a decree of a civil court and thus executable? And after a detailed interpretation about the provisions of Legal Services Authority Act and about the meaning of Lokadalat, the Hon. Apex Court ultimately has further observed that " Section 21 of this Act, contemplates a deeming provision, hence, it is a legal fiction that the "award" of the Lok Adalat is a decree of a civil court. In the case on hand, when a criminal case referred to by the Magistrate to a Lok Adalat is settled by the parties and award is passed recording the settlement, then every award passed by the Lok Adalat has be deemed to be a decree of a civil court and as such executable by that court."

Thursday, December 1, 2011

The power of the ruling mob over peaceful persons is now the latest outcome of our Democracy ? Why the State should not be made responsible for all losses to the public or private properties ??

FDI, Dearness, Corruption and other politics oriented Issues are at present our burning controversies of our country. And all opposition Political parties have came on the streets to make show of their protests against the ruling Congress Parties... It is also a fact that everybody is entitled to make peaceful protest and wage any lawful demonstration against any such burning issues, in our democratic country, but no saction of a mob is ever allowed to cause any damages to any public properties or to restrain any law abiding peaceful persons or the public in the name of any such demonstration, because nobody has a right to take the laws in his hands... But recently it is reported that the mob of some powerful leaders in Ahmedabad forcefully caused the shop-keepers to close their shops and join their bandh call and it is further reported in state media, that the banks were also forced to close their doors, under some so-called threats or mischief ... whatever the truth may it be in such news-reports.??.. But the crucial fact to be discussed at this juncture is that it is now our daily experience that the strength and the power of the ruling or dominating mob in any such area of our country always prevail over the peaceful law abiding people, comprising even a large portion of the whole country, whenever there is any such Bandh or Call made in Gujarat, or Maharastra or Dellhi...or anywhere else.. Such The mob of few powerful poeple forcefully closes the shutters of your shops and cause the doors of our Banks, even schools and colleges and even courts, in the name of some threats or mischief... and the life of the law abiding people gets almost staggered.. and nobody dares to complain thereon, even though we have to say that we live are of a democratic nation and there is a pretty good law and order.... Don't you see that the values of our freedom is in the hands of few powerful persons only ??? .... and Is this not an obvious failure in maintaining law and order in such affected area by the concerned State Governance ?? Why state Governance should not be directly responsible for any damages or injuries that may have caused to any public or private properties or any law abiding persons or institutes ??? In fact, the time seems to have changed.. because the power of the ruling mob over peaceful persons is now latest outcome of our Democracy

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