Thursday, August 30, 2012

SC: "Provide a summary remedy to a person illegally dispossessed of immovable property"

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 abus...

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...

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

Celebration of15th Anniversary of 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 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

Gujarat Vehicles are directed to be converted into CNG

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.

SC: "witness turning hostile, erodes people's faith in the system"

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.

SC: There is no inherent right of Appeal.Appeal is a creature of statute.

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

Can retired judicial dignitaries support Anna's movement running beyond our constitution ?

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 ?

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