"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.

"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."

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