Thursday, December 27, 2012
SC: "At any rate inconvenience of an advocate is not a “special reason” for bypassing the mandate of laws"
"We make it clear that the legislature has frowned at granting adjournments on any ground... At any rate inconvenience of an advocate is not a “special reason” for bypassing the mandate of Section 309 of the Code." with these strict warning, in the matters of CRIMINAL APPEAL NO.1735 OF 2009 instiyuted by Akil @ Javed, The Division Bench of the Hon'ble Supreme Court of India, during the last month, well before the outrage of the Gang-rape event in Delhi, has strictly directed the Registry to forward a copy of its recent decision to all the High Courts to specifically follow the instructions issued by the Apex Court in the decision reported in Rajdeo Sharma (supra) and reiterated in Shambhu Nath (supra) by issuing appropriate circular, if already not issued, with an instruction that If such circular has already been issued, as directed, it is ordered to ensure that such directions are scrupulously followed by the trial Courts without providing scope for any deviation in following the procedure prescribed in the matter of a trial of sessions cases as well as other cases as provided under Section 309 of Cr.P.C. The Apex Court further observed that"It is no justification to glide on any alibi by blaming the infrastructure for skirting the legislative mandates embalmed in Section 309 of the Code. A judicious judicial officer who is committed to his work could manage with the existing infrastructure for complying with such legislative mandates. The precept in the old homily that a lazy workman always blames his tools, is the only answer to those indolent judicial officers who find fault with the defects in the system and the imperfections of the existing infrastructure for their tardiness in coping with such directions.” In this respect, the High Courts are also well advised by the Supreme Court to use their machinery in the respective State Judicial Academy to achieve the desired result, and to take serious note of the above directions issued in the decisions reported in Rajdeo Sharma (supra) which has been extensively quoted and reiterated in the subsequent decision of this Court reported in Shambhu Nath (supra) and comply with the directions at least in the future years.The Apex Court has issueed directions in the light of the provisions contained in Section 231 read along with Section 309 of Cr.P.C. for the trial Court to strictly adhere to the procedure prescribed therein in order to ensure speedy trial of cases and also rule out the possibility of any maneuvering taking place by granting undue long adjournment for mere asking.
Wednesday, December 26, 2012
Monday, December 24, 2012
Who is now responsible for the Death of the Cop in Delhi ? The Mob or the Opposition or the Ruler ???
Friday, December 21, 2012
Wednesday, December 19, 2012
Monday, December 17, 2012
Saturday, December 15, 2012
New Guidelines by SC for enhancement of Punishment in heinous offences impacting over other people with social consequences
Wednesday, December 5, 2012
Gujarat High Court says: " Electricity is public property. But the Law is inadequate to enforce liability of previous contracting party against auction purchaser"
Monday, December 3, 2012
Friday, November 30, 2012
Friday, November 23, 2012
Monday, November 12, 2012
On the eve of Dipavali...it is a rising of a new dawn...with a hope of a happy and prosperous New year, We extend our cordial wishes to all of you with a prayer of Gayatri Mantra, which is adjudicated as the Best Secular wishes by Hon'ble Justice Raju of Madras High Court, in a well debated case regarding to the publication of a greeting card with Gayatri Mantra by United India Insurance Company on the eve of Happy New year, as such- गायत्री मन्त्र ॐ भूः भुवः स्वः ॐ तत् सवितृ वरेण्यं भर्गो देवस्य धीमहि धियोयोनः प्रचोदयात् ॐ which is always enchanting for enlightening of our knowledge and intelligence for the happy moments forever in your life ahead...
Tuesday, October 23, 2012
The Apex Court dismissed Appeal of State of Gujarat, in respect of the appointment of the Secretary as the President of Revenue Tribunal
While Dismissing Civil Appeal No.7208 of 2012 preferred by State of Gujarat, against the judgment of the Gujarat High Court in Special Civil Application No.8209 of 1988, by way of which the High Court has allowed the writ petition filed by the respondents Gujarat Revenue Tribunal Bar Association, striking down Rule 3(1)(iii)(a) of the Gujarat Revenue Tribunal Rules 1982 (hereinafter referred to as ‘Rules 1982’), which conferred power upon the State Government to appoint the Secretary to the Government of Gujarat, as President of the Revenue Tribunal, The Hon. Apex Court has finally concluded that" We do not have any hesitation in concurring with the finding recorded by the High Court that the Tribunal is akin to a court and performs similar functions." The Supreme Court has further defined the process of consultation that " The object of consultation is to render the consultation meaningful to serve the intended purpose. It requires the meeting of minds between the parties involved in the process of consultation on the basis of material facts and points, to evolve a correct or at least satisfactory solution. If the power can be exercised only after consultation, consultation must be conscious, effective, meaningful and purposeful. It means that the party must disclose all the facts to other party for due deliberation. The consultee must express his opinion after full consideration of the matter upon the relevant facts and quintessence.
Recently in the matters of a Public Interest Litigation against Mr. Rahul Gandhi and others, the Hon Apex Court has observed that "Where a person is a stranger/unknown to the parties and has no interest in the outcome of the litigation, he can hardly claim locus standi to file such petition. There could be cases where a public spirited person bonafidely brings petition in relation to violation of fundamental rights, particularly in habeas corpus petitions, but even in such cases, the person should have some demonstrable interest or relationship to the involved persons, personally or for the benefit of the public at large, in a PIL."
Recently in the case of Dattaraj Nathuji Thaware v. State of Maharashtra in which Hon'ble Pasayat, J. has observed and warned that "Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest, an ugly private malice, vested interest and/or publicity-seeking is not lurking. It is to be used as an effective weapon in the armoury of law for delivering social justice to citizens. The attractive brand name of public interest litigation should not be used for suspicious products of mischief. It should be aimed at redressal of genuine public wrong or public injury and not be publicity-oriented or founded on personal vendetta"
Thursday, September 27, 2012
Recently The Supreme Court of India has redefined State Sponsored Terrorism, while disposing Criminal Appeal No.1491 0f 2012, in a matter against State of Jarkhand, that" It is not the duty of the police officers to kill the accused merely because he is a dreaded criminal. Undoubtedly, the police have to arrest the accused and put them up for trial. This court has repeatedly admonished trigger happy police personnel, who liquidate criminals and project the incident as an encounter. Such killings must be deprecated. They are not recognized as legal by our criminal justice administration system. They amount to State sponsored terrorism."
Landmark Guidelines set up by the Supreme Court of India in respect of Inherent Power and Compounding of Offences
While adjudicating Special Leave petitions of Gian Singh and others against State of Punjab and others, the Supreme Court of India has recently setup a landmark Ratio in respect of Inherent Powers of the Court in quashing and compounding any proceedings, observing that: " The power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, High Court may quash criminal proceedings if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding."
Tuesday, September 11, 2012
As per a recently published report of Economic Times, the Division Bench of the Hon. Supreme Court of India has observed, while dealing with a dispute between Sahara Group and market regulator SEBI that " Freedom of Speech and Expression is not an absolute right under the Constitution and the journalists should understand the 'lakshman rekha' so that they do not cross the line of contempt." The court, however, refrained from framing broad guidelines for reporting of sub-judice court matters, saying it cannot be done "across the board."
Sunday, September 9, 2012
Six Districts of Rajasthan collect 60 decree Celsius hot water directly from all Lands Resources like hand pumps, well, etc. since many days... The earth below the ground surface seems to occur some natural processes, which our scientist still do not resolve. It is the same area where the ancient River Sarasvati has been said to exist and have vanished due to something like a severe earthquake in past.. Does this recent phenomenon give us any Signals of any such new Earthquake !!!???
Wednesday, September 5, 2012
While rejecting the plea of Gurgaon Gramin Bank's plea about the jurisdiction of the court in the matters of Civil Appeal No.6261 of 2012, the Hon. Supreme Court of India has recently strictly commented about the burning issue of Delay in Court Proceedings and has again emphasized that " Number of litigation in our country is on the rise, for small and trivial matters, people and sometimes Central and State Governments and their instrumentality Banks, nationalized or private, come to courts may be due to ego clash or to save the Officers’ skin. Judicial system is over- burdened, naturally causes delay in adjudication of disputes. Mediation centers opened in various parts of our country have, to some extent, eased the burden of the courts but we are still in the tunnel and the light is far away. On more than one occasion, this court has reminded the Central Government, State Governments and other instrumentality as well as to the various banking institutions to take earnest efforts to resolve the disputes at their end. At times, some give and take attitude should be adopted or both will sink. Unless, serious questions of law of general importance arise for consideration or a question which affects large number of persons or the stakes are very high, courts jurisdiction cannot be invoked for resolution of small and trivial matters. We are really disturbed by the manner in which those types of matters are being brought to courts even at the level of Supreme Court of India and this case falls in that category"
Thursday, August 30, 2012
While adjudicating CIVIL APPEAL No.6071 of 2012, recently The Hon Justice Mr. Ranjan Gogoi of our Apex Court has again ruled with regret over well debated issue of Delay in Justice that" Notwithstanding the clear intent of the legislature to provide a summary remedy to a person illegally dispossessed of immovable property, the defendant has been persistent in its challenge to the decree passed against itIt is indeed sad, if not unfortunate, that what was intended by the legislature to be a summary proceeding to enable a person illegally dispossessed to effect quick recovery of possession of the immovable property has, in the present case, erupted into an over two decades old litigation. The sheer number of pending lis permitted the learned Trial Court to return its findings, after almost a decade, that it is, indeed, the plaintiff who was in possession of the disputed property on the relevant date and was dispossessed therefrom in an illegal manner by the defendant. that the In a civil proceeding, the issues that may arise are required to be decided by balancing the claims and counter- claims of the parties before the Court and on the basis of a preponderance of probabilities.
KARTIKEY SHROFF Law Office: Shocking Drama on TV & Radio: "State dares to abuse the Center": Can we say proudly that we are united ??? As the Election season is coming near and near, it is usually possible that the persons of differe...
Shocking Drama on TV & Radio: "State dares to abuse the Center". Does a State without any Constitutional Remedy ?
Can we say proudly that we are united ??? As the Election season is coming near and near, it is usually possible that the persons of different political entities may bark against each other for voting purpose... but it is not only surprising but a great deal of shocking that a State can dare to abuse against the Center on TV and Radio Channels...!!! May it be in the name of so-called discrimination by the Center with a State, yet constitutionally India is an United Country, where States are simply its agencies..if any so-called discrimination in the name of castism, provincialism are banned by our Constitution, then, there is also a constitutional lawful remedy for any so-called discrimination by the Center with any State. But politically barking by a State against the Center, whatever political personalities may it be there, ought not to have been permitted, as it happens in India at present on TV and Radio...It does not become to India... It is also shameful to accept that India is not united..
Friday, August 24, 2012
SC:" Suspicion, however, strong, cannot take the place of legal proof. Allegations against FM without any basis"
The Hon'ble Supreme Court of India, has today considered opinion while adjudicating over both the Special Leave Petitions (criminal) moved by Mr. Subramanyam Swami,and has clearly observed that no case is made out to interfere with the order dated 4.2.2012 in C.C. No. 01 (A) / 11 passed by Special Judge CBI (04) (2G Spectrum Cases), New Delhi or to grant reliefs prayed for in I.A. No. 34 of 2012. Special Leave Petition (Crl.)No. 1688 of 2012 is, therefore, not entertained, so also I.A. No. 34 of 2012 in Civil Appeal No.10660 of 2010 and they are accordingly stand rejected and the allegation that Shri P. Chidambaram had over-ruled his officers’ views and had conspired with Shri A. Raja is without any basis. Mr. Subramanyam Swami had asked to include Shri. P. Chidamdaram, FM as an accused in the charge-sheets of 2G Scam. But the Hon. Apex Court has further observed in para-52 of its recent landmark judgment that "Criminal conspiracy cannot be inferred on the mere fact that there were official discussions between the officers of the MoF and that of DoT and between two Ministers, which are all recorded. Suspicion, however, strong, cannot take the place of legal proof and the meeting between Shri P. Chidambaram and Shri A. Raja would not by itself be sufficient to infer the existence of a criminal conspiracy so as to indict Shri P. Chidambaram. Petitioners submit that had the Minister of Finance and the Prime Minister intervened, this situation could have been avoided, might be or might not be. A wrong judgment or an inaccurate or incorrect approach or poor management by itself, even after due deliberations between Ministers or even with Prime Minister, by itself cannot be said to be a product of criminal conspiracy. We are of the considered view that materials on record do not show that Shri P. Chidambaram had abused his position as a Minister of Finance or conspired or colluded with A. Raja so as to fix low entry fee by non- visiting spectrum charges fixed in the year 2001. No materials are also made available even for a prima facie conclusion that Shri P. Chidambaram had deliberately allowed dilution of equity of the two companies, i.e. Swan and Unitech. No materials is also available even prima facie to conclude that Shri P. Chidambaram had abused his official position, or used any corrupt or illegal means for obtaining any pecuniary advantage for himself or any other persons, including Shri A. Raja.
KARTIKEY SHROFF Law Office: Is it a censorship of social networks or pollution...: These is much wishperring regarding the blocking of certain controversial webpages on Facebook and twitter...and the TV media is also making...
Is it a censorship of social networks or pollution of our social network by our political leaders ?!!!
These is much wishperring regarding the blocking of certain controversial webpages on Facebook and twitter...and the TV media is also making hot debates on this current issue...and the media is laying emphasis on the so-called voice of Mr. Narendra Modi, the chief minister of Gujarat, in respect of his voluntary action to remove his own image from his twitter account, as a symbol of so-called censorship.... I would certainly wonder to know whether the twitter account of Mr. Narendra Modi is blocked or banned by the congress or its agency and I would also like to know whether any other accounts or webpage of any BJP dignitaries are ever blocked in the name of any controversial social networking sites, which display abusive and personal defamatory matters on their pages...If the answer is negative and "no", then such the gesture of our political personalities are nothing but the politicization of the current issues and also the investigation of our youth in the name of so-called censorship...which is never in fact existing yet our political leaders like to divert our attention and pollute our social networks for certain ulterior axes to grind only, as the elections are near and near...
Wednesday, August 15, 2012
www.kartikey.com celebrates its 15th Anniversary by extending best wishes to its all well wishers, supporters and law clients on this Happy Independence Day of India.. in as much as today is the 15th Birthday of www.kartikey.com Law portal and web office of Elokadalat India ..... HAPPY INDEPENDENCE DAY....!!! We also look forward for launching more and more useful law services in this 15th Anniversary year of 2012...
Sunday, August 5, 2012
After hearing a petition filed by an environmental NGO Dhanghdhra Prakruti Mandal, in respect of the alarming high rise in pollution levels in Ahmedabad so as it is in Delhi and Mumbai, The Gujarat High Court has strictly directed the State Government of Gujarat that "State is directed to pass necessary orders within shortest possible period, at any rate not exceeding one year from today, compelling the owners of all vehicles having registration in Gujarat to use natural gas, and if necessary, even at higher prices, for the protection of the lives of the citizens living in the state," The petitioner NGO had allegedly emphasized in its arguments that the price difference was due to the "discrimination of the Centre" towards Ahmedabad, where the courts have made it mandatory for auto-rickshaws to use CNG. The Central Government is also directed by the Hon. High Court to implement this order immediately. Now the ball is in the courts of both the governments to implement this direction in time and to ease the public at large in the state of Gujarat, even though it is quite difficult to be done, due to the limited GAS production as well as distribution outlets with sufficient infrastructures all over the state.
While adjudicating well debated BMW accident case, The Supreme Court has expressed a huge concern over the recent trend of witnesses turning hostile in high profile cases, saying this is a "disturbing" factor faced by courts is eroding faith in the judicial system. "Reasons are many for the witnesses turning hostile, but of late, we see, especially in high profile cases, there is a regularity in the witnesses turning hostile, either due to monetary consideration or by other tempting offers which undermine the entire criminal justice system and people carry the impression that the mighty and powerful can always get away from the clutches of law thereby, eroding people's faith in the system," Justice S Radhakrishnan said.
Recently, the Supreme Court of India has pronounced a landmark judgment, while adjudicating and dismissing writ petition lodged by Bar Council of India, challenging certain provisions of the Legal Services Authorities Act, 1987 and SC has emphasized that " There is no inherent right of appeal. Appeal is always a creature of statute and if no appeal is provided to an aggrieved party in a particular statute, that by itself may not render that statute unconstitutional."
Thursday, August 2, 2012
A movement of fast agitated by Team Anna to ask for legislating and enacting something beyond the ways shown in our constitution. It is heard that certain retired judicial dignitaries and other ex-army men and some celebrities asking to support such the agitation beyond the boundaries of laws, asking to enact laws in the street as per the whims of Anna Team. Can this be a lawful supporting gesture or the outright misuse of the freedom of speech and expression ?
Friday, July 27, 2012
Recently The Hon. Gujarat High Court has ordered to convert all vehicles in Ahmedabad to CNG, with a view to minimize air pollution.The Gujarat High Court on last Wednesday has consequently directed the state government of Gujarat, to pass an order to convert all vehicles in Ahmedabad city to CNG, so as to be implemented within the shortest possible period, not exceeding one year, and a decision be taken in this regard within two months. Now the vital questions are that whether it would be feasible to convert all four-wheelers to CNG, in absence of necessary infrastructure to supply gas to all such vehicles in Ahmedabad and it is also a major problems for the CNG users to obtain CNG Gas easily with sufficient pressure without keeping their vehicles in queue more many hours during busy business hours, in as much as no good and sufficient facilities also in numbers are available with CNG Outlets in Ahmedabad at all.. so will this be possible for our Government to implement this significant direction of the Hon. High Court, in the large interest of public in the specified time period span ??? Only the time can reply all this vital questions now going to happen in the coming days....
Sunday, July 22, 2012
The Vital Question of the current affairs is whether the approach of BJP to support Mr. Sangama, a Member of National Congress Party, which is one of the native allies of Congress in Center, was a smart political move as advised in Chanakya Niti.. or whether it was a routine dogmatic attitude of BJP, an opposition party, to move and only to protest in opposite direction as always, without any concrete aim or achievements...The Best answer to this vital questions are only with the top leaders of BJP only, because its all important allies like Shiv-Sena and GDU have openly went against BJP in this presidential election and have supported to Mr. Pranav Mukharjee who deserves to be the supremo of our country. The Time is just now coming soon within few minutes to prove BJP's move as aimless and futile, without any political gain...as the result of the well awaited presidential election is sure to give smiles on the face of Mr. Pranav Mukharjee with a great victory in his basket in a moment...
Tuesday, June 19, 2012
Recently the Hon Apex Court has again put huge emphasis on the principles of fundamental Rights of Liberty and Rules of Anticipatory Bail, while adjudicating in a CRIMINAL APPEAL NO. 750 OF 2012 of Rashmi Rekha Thatoi and others against State of Orissa. It is noted therein this recent judgment that The Constitution Bench proceeded to state the essential concept of exercise of jurisdiction under Section 438 of the Code on following terms:- “Exercise of jurisdiction under Section 438 of Code of Criminal Procedure is extremely important judicial function of a judge and must be entrusted to judicial officers with some experience and good track record. Both individual and society have vital interest in orders passed by the courts in anticipatory bail applications.”
Thursday, February 23, 2012
it is evident that right of privacy and the right to sleep have always been treated to be a fundamental right like a right to breathe, to eat, to drink, to blink. An individual is entitled to sleep as comfortably and as freely as he breathes. Sleep is essential for a human being to maintain the delicate balance of health necessary for its very existence and survival. Sleep is, therefore, a fundamental and basic requirement without which the existence of life itself would be in peril. To disturb sleep, therefore, would amount to torture which is now accepted as a violation of human right. It would be similar to a third degree method which at times is sought to be justified as a necessary police action to extract the truth out of an accused involved in heinous and cold- blooded crimes. It is also a device adopted during warfare where prisoners of war and those involved in espionage are subjected to treatments depriving them of normal sleep.
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