Wednesday, March 27, 2013

A wishful message on the eve of Happy Holi

@kdshroff: राधा का रंग और कन्हाकी पिचकारी ,प्यारके रंग से रंग दो दुनिया सारी
ये रंग न नाजे कोई जात, ना कोई बोली,मुबारक हो आपको रंग भरी होली

Monday, March 25, 2013

Can a majority of legislators pass any Bill against the Verdict of the Supreme Court of India ??

When the Supreme Court of India has confirmed who shall be Lokayukta of Gujarat, and all legal battles of Gujarat Government are completely exhausted and duly ended by the Apex Court in the eyes of Laws, then, how Modi's Government can reform the whole Lokayukta Act, to suit their ends and save their skin ?? And as the newly reformed Gujarat LokayuktaAayog Bill 2013, proposed by Mr. Narendra Modi's Gujarat government does take away with the right of the Chief Justice of the Gujarat high court and the governor to suggest and appoint the Lokayukta and retain the controversial provision of the Aayog submitting its report to the chief minister and the council of ministers with the latter deciding upon its acceptance, it is absolutely a non-judicial executive action, where final authority shall be only a chief minister, who will be a judge over all complaints against himself and his ministry... !!!! It is also surprising that nobody shall be allowed to go before public in respect of any verdicts or proceedings under the proposed Act In a democratic country, no such law should have been enacted where an accused may be empowered to be a judge in respect of a complaint against him..and where the right of expression and to challenge injustice is proposed to be curbed.. In fact, It will never meet any ends of justice at all...but this seems to be a final effort of frustrated Gujarat Government to enact a law against the fundamental rights and the basis principles of democracy...Can a majority of legislators pass any such proposed Bill against the Verdict of the Supreme Court of India ??

Sunday, March 24, 2013

Illustrative Redressal by Consumer Forum of Surendranager against an unqualified Lab Technician

For preparing wrong blood report due to which the death of a three-year-old kid, namely, Jaynil Rawal, died during treatment, The Consumer Dispute Redressal Forum, Surendranagar has reportedly prohibited an unqualified laboratory technician, Mr. Rupesh Shah of Rushabh Pathology Laboratory, from issuing blood investigation reports with his signature and has further ordered to pay Rs 5 lakh towards compensation, as per the recent guidelines set up by the Hon'ble Gujarat High Court that no laboratory technician without having an qualifying degree in pathology can run such a lab in Gujarat.It is said that the medical test report of the aforesaid Rushabh Laboratory had reported upon investigation that Jaynil was suffering from falciparum malaria, for which first treatment was given, but the patient's condition was further deteriorated. Hence he was admitted to CU Shah Medical Hospital where it was found he had no falciparum malaria at all, but his haemoglobin had reduced from 10.02 to just 3.03 count, causing his death, upon further medical investigative report.Therefore after hearing both parties to the proceeding, the consumer court held Mr. Rupesh Shah of Rushabh Pathology Laboratory, awfully guilty of giving wrong blood investigation report, with a significant observation, while deciding compensation as reported in a daily newspaper today, that "Human life cannot be valued in money, but still certain parameters are taken into consideration to decide the amount of compensation in such cases. The forum believes that the full compensation amount demanded should be granted in this case." The consumer forum has also exercised its all powers by restraining such the unqualified technician people from providing harmful services under section 14 (1)(HA) of the Consumer Protection Act too, setting up a pretty good illustrative redressal in the eyes of laws and justice.

Tuesday, March 19, 2013

SC exonerated ex-Chief Judicial Magistrate with a Direction to State of Gujarat to pay a cost of Rs. 5 Lacs in 3 months

Recently the Hon'ble Supreme Court of India has set aside the order of punishment imposed by the Gujarat High Court in compulsorily retiring the ex-Chief Judicial Magistrate of Ahmedabad (Rural) Ms. Nirmala J. Jhala, the appellant and has exonerated her honourably of all the charges of alleged corruption, has directed State of Gujarat to pay the costs, which is quantified to the tune of Rs.5 lacs to the appellant within a period of 3 months, while adjudicating a well discussed Civil Appeal No. 2668 of 2005, with several strictures against state of Gujarat. The Hon'ble Apex Court has also re-invited the attention to the Duty of Higher Judiciary to protect subordinate judicial officers and cautiously observed therein that "The subordinate judiciary works in the supervision of the High Court and it faces problems at the hands of unscrupulous litigants and lawyers, and for them "Judge bashing"becomes a favourable pastime. In case the High Court does not protect the honest judicial officers, the survivor of the judicial system would itself be in danger". The Appellant Ms Nirmala Jhala was charged and punished for demanding bribes in respect of CBI Case No.5 of 1991 against Gautam Ghanshyam Jani for the offence of misappropriation and embezzlement of public money.

SC: "Cross-examination is an integral part of the principles of natural justice "

In Ayaaubkhan Noorkhan Pathan v. State of Maharashtra & Ors., AIR 2013 SC 58, the Hon'ble Apex Court has observed, while placing reliance upon a large number of earlier judgments and held that cross-examination is an integral part of the principles of natural justice, and a statement recorded behind back of a person wherein the delinquent had no opportunity to cross- examine such persons, the same cannot be relied upon

Saturday, March 16, 2013

What remedies against the Immunity of our non-parliamentarian leaders ??

Shouting against national enemies after standing on bench in our assembly & throwing mike by such the MLA does not deserve to represent a law abiding community of our country, even though it may be gesture in protest, condemning PAK Resolution... In fact, someone intends to attack on PAK, it could have been done in bold, effective and decent parliamentary and diplomatic manners, but these kinds of gestures are absolutely non-parliamentary behaviors, condemning the esteem of our legislature and of our Constitutional Laws and not addressing our national enemies.. Anyway, when the speaker is helpless and when leaders believe in their supreme immunity to behave as they desire.... Such kinds of non-parliamentary behaviors are not new in India.. History of our independent democratic country has seen such kinds of events several times in past and even worse than this...But the vital question of this time is only whether there exists any remedy against the immunity of our leaders for any such mischievous behaviors in assembly or parliament ???..

Friday, March 15, 2013

The Apex Court brought more light on principles of Consolidation of Suits

While adjudicating CIVIL APPEAL NOS. 2050-2053 OF 2013 [Arising out of SLP (Civil) Nos. 126-129 of 2012]instituted by Mahalaxmi Co-operative Housing Society Ltd. & Etc. .. the Appellants, against the judgments of Gujarat High Court, the Hon'ble Justice Mr. K. S. Radhakrishnan of Supreme Court of India has recently observed that There is no specific provision in the CPC for consolidation of suits. Such a power has to be exercised only under Section 151 of the CPC. The purpose of consolidation of suits is to save costs, time and effort and to make the conduct of several actions more convenient by treating them as one action. Consolidation of suits is ordered for meeting the ends of justice as it saves the parties from multiplicity of proceedings, delay and expenses and the parties are relieved of the need of adducing the same or similar documentary and oral evidence twice over in the two suits at two different trials. Reference may be made to the judgment of this Court in Prem Lala Nahata and Anr. v. Chandi Prasad Sikaria (2007) 2 SCC 551.

Sunday, March 10, 2013

Women empowering penal provisions of IPC are now challenged by women of our country

According to a news report of "The Tribune" a day after the national Capital went abuzz with the women empowerment program, the All India Forgotten Women's Association, on behalf of many such other aggrieved mothers and sisters of our country, has now raised questions against the provisions of 498 A of IPC and Domestic Violence Act, 2005, alleging that the provisions of these laws discriminate against the mothers and sisters of accused husbands, without their roll in commission of any such offences under those provisions of laws. Is it not a time to review these provisions to prevent the misuse of laws ? it it not welcome to see that all these women empowering penal provisions are now challenged by women of our country suo moto on the eve of World Women Day ?!!

Saturday, March 9, 2013

An Ancient Message for well being for human race in the nick of this time

On the eve of Maha Shiv Ratri... the messages of Jagatguru Shri. Sri Adi Shankaracharya "न धर्मो न चार्थो...." "न मे जातिभेदः..." शिवोऽहम् शिवोऽहम् ..." in his most popular Nirvana Shatakam is highly appropriate message for all of us today...because every where in the world people are fighting with each other in the name of race and religion.... Jagatguru Adi Shankaracharya says- "We are neither religion nor wealth..... nether any difference in the name of races... We are simply like a blessing of well being... well being for all..." Happy Shiv Ratri to all.....

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