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

Water Crisis in Saurastra is getting worse..!!?

For the first time in a decade, Saurashtra is staring at a serious water crisis just as the winter has set in.The storage in 135 dams across Saurashtra region has fallen to a merely 9.32%, a warning that taps would soon run dry in most towns, cities and villages in the region. Jamnagar is the worst-hit with Ranjit Sagar dam reduced to a barren landscape of cracked land. Rajkot has already imposed water cuts and supplies water for 20 minutes every alternate day. Yesterday, Times of India has recently reported that the water crisis has been complemented by the virtually non-existent distribution network in most municipalities. It is the mandatory duties of every Municipal Authorities and the State Government of Gujarat to provide drinking water to their people.. but the supply of water on alternate day has become usual in so many cities of Gujarat... and day by day it may be worsen as the summer is coming near.. Let us hope the necessary steps are taken by the state and the local authorities in time at the rescue of the people of Saurastra and also of other parts of Gujarat especially Madhya and North Gujarart too, because real challenges are now coming soon before the government.. In fact, The tempers of the people are running high in the pilgrim town of Virpur... Without drinking water for the last 25 days, residents have called for a bandh on Thursday to vent their anger, to protest against the scarcity of water.. And this scenario may get worse, if no right steps are taken in time.. Simply shouting about the development in our state will not solve the situation..the crisis of Water Scarcity is not unknown in Gujarat, since a decade..

Monday, December 24, 2012

Who is now responsible for the Death of the Cop in Delhi ? The Mob or the Opposition or the Ruler ???

Mr. Subhash Tomer, a Cop of the Delhi Police who got serious injuries while maintaining law and orders during recent Agitation in Delhi in protest of the Gang Rape is now no more... and he just died in the hospital... Now the vital question is that who shall be responsible for the death of this poor cop ? The Mad Mob who is agitating without any vision in the name of certain reasons for securities and social justice OR the agitators sitting in the opposition to provoke the young generation to act and protest in all their best, even by breaking the laws and order OR the Rulers who fails to save their own employees on duty to maintain laws and order since last 5 days... ???? Do you not thing that it is somewhat similar situation where the Rulers fail to protect their cop and prevent the breaking of laws and orders on road, such as the Rulers also fail to prevent an untoward heinous incident of rape somewhere on some day ??? Would you again raise protests on road for the death of this Cop and put the law and order at stake for all such reasons ??? Is this the fundamental right to express your feelings and protest by in-securing the liberties of others ??? There are all means and ways within the four corners of our legal and judicial system... Then what will be achieved by agitating for new legislation when the enforcement of present laws are only called for any unseen reasons ???.. The Youth is the true assets of our country which needs to be preserved and strengthened for our better future and not for being played by the instigators always sitting in opposition for their own exe to grind....

Wednesday, December 19, 2012

Is this law abiding gesture or misuse of freedom of press in Gujarat ??!!

Is this law abiding gesture or misuse of freedom of press in Gujarat ??!! Our ex-MLA BJP candidate Mr. Jethabhai Bharawad, after being arrested by Panchamahal Police, runs away and escapes from the police custody during his medical treatment at Appollo Hospital, Ahmedabad and then on next day morning, he suddenly gives his public interview on a TV Channel..!!. yet our BJP Leader Mr. Modi and his Government are totally silent on this sensitive news, except suspending some cops ?.!!.. But is is surprising Why TV channel personals are not instantly interrogated, when they know the whereabouts of the absconded ex-MLA ?!! Government is not interested to put the run-away absconded ex-MLA back into police custody or the Government also desire to finish his defense trial through media, before the court adjudicates on this firing incident in accordance with laws ?!! Would it not be justified to take judicial cognizance against such kind of public interviews of such the absconding people on the media in the name of freedom of press ?!!!

Monday, December 17, 2012

SC Ordered to close an Engineering College running against the future of its students

As per a press report of TOI on dt.16-12-2012, The Supreme Court has ordered the closure of Parshvanath Engineering College here, upholding the earlier orders of the Bombay high court and the AICTE to derecognize the institute as it lacked the basic infrastructure. According to this report, more than 1,400 students are enrolled in various engineering courses in the college. While upholding the orders, the SC also rejected arguments put forward by the college management. The closure order was accompanied with bitter criticism of goings-on in the AICTE, which delayed taking action against the college in spite of a closure order being issued by the HC in August. AICTE officials have been fined Rs 50,000 for allowing the college to function till now and putting to risk the future of youngsters studying there. Such a decision of the Hon'ble Apex Court can also be used henceforth in future against all such colleges, running against the future of their students without necessary infrastructure. For more reports # visit

Saturday, December 15, 2012

New Guidelines by SC for enhancement of Punishment in heinous offences impacting over other people with social consequences

While adjudicating Criminal Appeals No.1533 and 1534 of 2005 between Soman v/s State of Kerala, the Division Bench of Hon'ble Justice Mr. Aftab Alam, and Hon'ble Mrs. Rajana Prakash Desai of Supreme Court of India has unequivocally confirmed and justified the verdicts of the Keral High Court for the enhancement in punishment of the maker and manufacturers of the spurious liquor, and the distributors and suppliers of the killer brew and the retail vendors who sold the stuff to the consumers, in the matters of the horrible death of 31 people, along with the complete loss of vision of six people, and serious illness to more than 500 people, occurred as a result of consuming spurious liquor, contaminated with methyl alcohol at different places in Kollam district, Kerala in October 2000. Taking into the account the relevancy and consideration of the social consequences of a culpable act and its impact on other people, the Hon'ble Apex Court has defined a new Guideline for the lower courts to base sentencing decisions on various different rationales – most prominent amongst which would be proportionality and deterrence, further observing that: " The question of consequences of criminal action can be relevant from both a proportionality and deterrence standpoint. Insofar as proportionality is concerned, the sentence must be commensurate with the seriousness or gravity of the offence.One of the factors relevant for judging seriousness of the offence is the consequences resulting from it." The Apex Court also noted further that "Giving punishment to the wrongdoer is at the heart of the criminal justice delivery, but in our country, it is the weakest part of the administration of criminal justice. There are no legislative or judicially laid down guidelines to assist the trial court in meting out the just punishment to the accused facing trial before it after he is held guilty of the charges."

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"

Recently The Division Bench of the Hon'ble Gujarat High Court, comprising THE Hon'ble CHIEF JUSTICE MR.BHASKAR BHATTACHARYA AND Hon'ble MR.JUSTICE A.L.DAVE AND Hon'ble MR.JUSTICE V. M. SAHAI dismissed all the three Letter Patent Appeals vide No.2240 to 2242 of 2010, instituted by Torrent Power Ltd. against Abhisar Developers and others after hearing all the aggrieved parties, in respect of the liability of the third party purchasing the properties of the defaulter. While adjudicating all these LPA, The Hon'ble High Court has dealt with this issue thoroughly in detail and finally concluded that " We, propose to follow the views of the two three-judge Bench decisions and find that in the Act of 2003, there being no provision of imposing the liability of a defaulter upon the third party, the amended Regulation relied upon by the appellant herein is not only prospective in operation but also inconsistent with the provisions of the Act and hence, ultra vires." The Hon'ble High Court has also made it clear that "Electricity is public property. Law, in its majesty, benignly protects public property and behoves everyone to respect public property. Hence, the courts must be zealous in this regard. But, the law, as it stands, is inadequate to enforce the liability of the previous contracting party against the auction-purchaser who is a third party and is in no way connected with the previous owner/occupier. It may not be correct to state, if we hold as we have done above, it would permit dishonest consumers transferring their units from one hand to another, from time to time, infinitum without the payment of the dues to the extent of lakhs and lakhs of rupees and each one of them can easily say that he is not liable for the liability of the predecessor in interest. No doubt, dishonest consumers cannot be allowed to play truant with the public property but inadequacy of the law can hardly be a substitute for overzealousness" The Hon'ble Court set aside those supply rules and guidelines for new electricity connection, imposing upon the liability of the previous owner over the subsequently owner purchaser in auction, with such the specific observations therein further that-"No doubt, from the tabulated statement above set out, the auction-purchasers came to purchase the property after disconnection but they cannot be consumer or occupier within the meaning of the above provisions till a contract is entered into. We are clearly of the opinion that there is great reason and justice in holding as above."

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