Friends,
So many of us suffer from the "independence of the judiciary", which in reality is judicial bullying.
We have so many aggrieved members in various forums. Could we not organise and get together as a pressure group, say 3 months hence, at Jantar Mantar, New Delhi? We should invite media and media interviews. We should also invite prominent lawyers / bar councils / even judges. After a sit-in, we could go to Supreme Court and submit our grievances / complaints and request for time-bound implementation of solutions. We could do same with Mr. Modi, and Law Minister, etc.
Please consider.
--------------------------------------------
On Thu, 7/24/14, Ravindran P M <raviforjustice@gmail.com> wrote:
Subject: Re: [IAC#RG] [Bulk] Re: SUPREME COURT CRYING FOR JUSTICE
To: "Dipak Shah" <djshah1944@yahoo.com>
Cc: "tholiya@yahoo.com" <tholiya@yahoo.com>, "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Date: Thursday, July 24, 2014, 2:43 AM
I have no words to
condemn our judiciary adequately. Any how the least I can do
is to not use prefixes like Hon'ble etc before the name
or designation of any public servant, including the
President of India. In fact I am countering, at my level and
to the best of my ability, the wrong teaching that the
President is the first citizen of the country. Isn't he
the 1st public servant of the country? Also, between the
Prez and a beggar on the street if anybody has to address
anybody as Sir it is the Prez who should address the beggar
as Sir. It is difficult to motivate people to change and
that is the biggest challenge before us. In fact I get
shocked when even much old activists, senior citizens
continue to address even the District Collector as Sir.
There is a saying in Malayalam that if those who should be
occupying certain places/positions do not occupy them, dogs
will occupy them! If the highest office in a democracy is
that of the citizen it is time that citizens started
behaving like the sovereign entities they are!
regards n bwravi
On Wed, Jul 23, 2014
at 9:23 PM, Dipak Shah <djshah1944@yahoo.com>
wrote:
The same thing has
happened in my one case. No body take up my case. As it the
Misc Application Advocates (Two ) and One anohter Advocate
turned up Justice of Hon. High Court !!! Many of the
documents as stated in order are not found on record !!! For
2 years and more , when I applied for certified copies of
some of the documents, File was not
traceable!!
What
a wonderful play thew all together played can be seen /
interpreted!!! Only Appeals and Appeal.
Now
that file on which I have filed MIsc Application is kept a
secret document from Me!!! I can not see the same. The same
is pending , since As per Law of Hon. High Court of Gujarat
Rules I being a party in person can not appear , I prayed
for Sne Die to I place the Application or employ Advocate
W#hat can we expect from such environment?
Also total Fraud in accounts and of law allowed
in this case By Hon. High Court of Gujarat and Advocates
indulged in bad way of process also !!! Originally I was
objector in Company Petition and I was not given any
opportunity of being heard and silently passed the merger
order . Not only this Official Liquidator passed the
comments of Fraud but ignored report of fraud totally . In
recent case of merger of Sessa Goa and Sterlite Industries
Limited Ministry of Corporate Affairss filed an appeal.
But In Company Petition No 17 of 1996 , in the order written
that aggrieved party may file an appeal in this case but no
appeal was filed!! This fraud came up to me recently when I
saw the some of the Documents available on record file. As I
lastly seen the original records of Company Petition 17 of
1996 till October 2013 many of the pages as serially
numbered and referred in Order are not on the record file!!
Like Four Objectors objection , Pursis of the Objectors
withdrawing their objections like not on record!!! See and
enjoy!!!!!!
Shah D J
C
C to
1.Chief
Justice Hon.
Supreme Court of India and all other Justices of Hon.
Supreme Court of India
New Delhi For
action , if any can be taken,
2.Hon. Chief Justice High Court of Gujarat and all
other Hon. Justices of Hon. High Court of Gujarat
Ahmedabad
On Saturday,
19 July 2014 11:13 AM, Alok
Tholiya <indiaresists@lists.riseup.net>
wrote:
(Complaint
to Bar Council? Hahahaaaa!)
Complaint to Bar Council? Hahahaaaa!
Krishnaraj
RaoJudicial
Activism in India
41
mins ·
Remember: Many litigants
seeking remedies in court for HEADACHES, develop HEART ACHES
after going to court, thanks to their lawyers.Many lawyers take
on scores (or even hundreds) of cases, charge a chunk of
money upfront, take the original documents, put the matter
in court... and then completely lose interest.
Then they
start taking tareekh pe tareekh to suit their own busy
timetable, or alternatively, fail to turn up in
court.
Some enter into needless or wrong procedures, and misinform
the client about the case status.And some turn up
in court and accept consent terms that are completely not in
favour of the client. Or they keep quiet at critical
junctures and lose the case.
Many small
and cheap lawyers behave like this. But reputed lawyers and
senior counsels are also no exception; in fact, they are
well-known for this.
Many reputed lawyers speak rudely to the clients from the
very start of their relationship! Nevertheless, they have a
steady flow of business, because people are in awe of
them.
If the client gets angry, many lawyers stop responding to
calls and messages.Worse still, if
the client wants to withdraw the vakalatnama from his
lawyer, the lawyer may misplace or fail to return original
documents, and make the client's life an absolute
hell.
Clients have
no effective legal remedy against wayward lawyers, because
other lawyers will not accept a case against him. (Complaint
to Bar Council? Hahahaaaa!)
If this is not an unscrupulous trade union, I don't know
what is.
Thanks and Regards,
Alok
Tholiya
(Real Estate, Insurance, Mutual
Funds, Bonds,
Tholiya Marketing and Leasing Pvt. Ltd.
Marigold Party Hall,
Tholiya
Bhavan,Next to Regency Hotel,
10th Rd.,
Santacruz East,
Mumbai 400055
tholiya@yahoo.com
M:9324225699
• Pl. fwd./ circulate this
mail if you think the issues raised here needs wider
audience.
• Let us make our city beautiful,
disciplined and Loveable.
Let us handover to
our future generation a better place to live in.
• www.digambarjains.com
The matrimonial web site for Digambar Jains
• Also
subscribe to my very popular yahoogroup:
Send blank mail to:
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On Fri, Jul 18, 2014
at 9:29 PM, Dipak Shah <indiaresists@lists.riseup.net>
wrote:
Hats off to you Sir
for correct presentation and interpretation of practices .
Are there no body to look in to the matter over such
judgments, only appeals and appeal till he / she die ? It is
always for injustice to fight and fight always!!!
Who pays , bears the burden , who is in profit Advocates and
other side!!!? What is the value of taking
oath.?
Judgments are pronounced in the name of Chief Justice
and all. Do they not see or look after such practices in
Hon. Courts?
Regards,Shah
D J
USA
On Friday, 18 July 2014
10:47 AM, Ravindran P M <raviforjustice@gmail.com>
wrote:
I have read all the comments and would like to add
the following too:
1. The
courts are the biggest breeding grounds for criminals.
2. Even after preposterous delays the judgments
are not fair in most cases.
3. A judge in our court can
decide on which party to favour just by
tossing a coin and then copying the relevant
part of the arguments of the party in his
order!
4. The courts have messed up our laws to such an
extent that to clean it up will require herculean
efforts.
5. Just read these
citations:
In
Ittavira Vs Varkey (A 1964 SC 907) the august (?) court has
ruled that 'courts have jurisdiction to decide right or
to decide wrong and even though they decide wrong, the
decrees rendered by them cannot be treated as
nullities'.
In Misrilal Vs Sadasiviah
(A 1965 SC 553) the apex court has reportedly ruled that
'there can be no interference in revision merely because
the decision is erroneous in law or in fact where there is
no error pertaining to jurisdiction'.
6. In our courts there is
no need for anybody to know any law. The important thing is
to develop the right equations with judges!
and so on....
For more details please
read my blogs at http://raviforjustice.blogspot.com
regards n bw
ravi
On Fri, Jul 18, 2014 at
4:18 AM, Dipak Shah <indiaresists@lists.riseup.net>
wrote:
A Fine Judge , Free , Frank and Fearless , Law abiding
Judge I have come across in High Court of Gujarat.
On Thursday, 17 July 2014 5:27 PM,
Dipak Shah <djshah1944@yahoo.com>
wrote:
These cases dismissal were against provisions of
law!!! Having taken oath before becoming Justice they take
oath , to be frank and fearless , law abiding ,not
prejudicial to any body , abiding to constitution etc. Where
are they? In fact they do more business . In many cases
almost, I had never been heard my argument or even Petition
was not read out. See the contrary to petition wherein
specifically stated the Hon. High Court Granted stay against
the implementation of order. Even then Advocate argued
wrongly ,
represented the case wrongly totally and Hon. Justice Mr J
M Panchal was sitting in Hon. Supreme Court of India. By way
of just ignoring and Petitioner or party should always file
an appeal and spend time and money on Advocates if any
employed. Without having any matter of Case of
interpretation.
Let me give another case. Former Controller of Capital issue
was totally corrupt.Taking money and granting hefty premium
to public issue I filed a PIL. Second date came up after the
date of Budget in 1992. It came up Before Hon. Justice G T
Nanavati.( The then Become Hon. Justice of Supreme Court of
India ). In budget it was provided that office of Controller
of Capital issue was abolished !!!! Hon. Justice gave order
saying " Since the office of Controller of Capital
Issue is abolished Petition is dismissed" Where is
justice!!!! See the document which I have now. I could not
send other documents. They are ( Forgot in India)
lying in CD
placed in
India. There are as many
as 20 such cases. One among them is A Case of Dividend paid
out of capital , illegal payment of dividend. Which can be
observed from attached documents. On record it is proved the
other way out. No thing done!!!! All Law Supervising
Ministry of Corporate Affairs , Registrar of Companies ,
Official Liquidators are silent for last 19 years!!! See the
attached documents. It is very hard to get through the
documents , unless you have very knowledge of Accounts and
Companies Act. All provisions of Law had been thrown a way
in deciding the matter of merger!!!!!
Shah
D J
USA
On Thursday, 17 July 2014 12:33 PM, Dipak Shah
<indiaresists@lists.riseup.net>
wrote:
If any body goes to my cases at High Court of
Gujarat , one will wonder of Justice and also they were sit
in Hon. Supreme Court of India!!!!
Shah D J
On Tuesday, 15 July
2014 9:27 PM, Prasad Vaidya <pbv1968@gmail.com>
wrote:
The Judges are sitting as expert in every
matter and in every subject. The Supreme Court it self is
violating fundamental rights . The
matters filed by party in person are heard lastly and
matters are listed at the bottm. Right to file writ petition
u/a 32 of constitution but party person is compelled to
request to court to allow him to file writ petition This is
deadly unconstitutional decision.
Supreme Court is protecting corrupt decision of
imposing bar examination which is deadly unconstitutional
but petition challanging bar exam is kept pending
purposefully by Supreme Court and Supreme Court want to see
Ad Gopal Surahmanyam as Judge of SCI the person who took
unconstitutional decision and acted like dectator.
The High Court judges are not reading notes of
arguments and hearing only 10 to 20 % arguments and pasing
order in final hearing matter instead of passing judgment.
The judges are not knowing that there is no limitation for
filing writ petition.
How you can say SCI is crying
On Thu, Jun 26, 2014 at 8:45 PM, Dr. J. K.
Chaudhry <jkchaudhry@gmail.com> wrote:
There are well known
cases,where judgement wasNEVER delivered by Supreme
Court.Do you believe?
Devi Lal oath of office in union
cabinet.J.K.Chaudhry
Sent from my iPad
On Jun 25, 2014, at 9:02 AM, Gopalarao Rao
<gvgrao33@gmail.com> wrote:
It
is said that justice delayed is justice denied. There is one
case pending in the high court for the last 7 yrs and GOK
when the judgement will be issued also whether it will be
delivered during my life time ( I am now 81)
Some one from the high court may know my plight.
Sent from my
iPad
On Jun 21, 2014, at 10:12
PM, Ravindran P M <raviforjustice@gmail.com> wrote:
It is the courts and courts only which are
responsible not only for the subversion of the justice
delivery system but for the increasing lawlessness and
crimes. Just ask how many times the apex court had
entertained bail applications of Raja and Kanimozhi? And now
they are shamelessly trying to pass on the buck to the
Parliament. Why courts, even quasi judicial organisation
have been following the bad example of courts and have been
only draining the exchequer without delivering even 1
percent of what they are tasked to deliver. The district
forum in Palakkad had been adjourning a consumer complaint
of a complainant in the adjoining district involving a
doctor for years on end. Almost after ten years I sought
info on the status of the complaint. I got the info that it
is pending. But at the next date for hearing it
was dismissed! I complained to the minister for consumer
affairs and the chief minister
here. Nothing happened, except that in response to the
complaint to the CM the President of the Forum said that the
stipulation of three months for disposing a complaint is
only a guideline and that was it! For details please read my
blogs:
Obnoxious functioning of
consumer fora/commissions- letter to minister (of 8/1/11)
at http://raviforjustice.blogspot.com/2011/04/obnoxious-functioning-of-consumer.html
Chief
MInister's Contact Program-consumer fora
at http://raviforjustice.blogspot.com/2011/11/chief-ministers-contact-program.html
ACCESS TO
JUSTICE-A STAKE HOLDER'S REPORT athttp://raviforjustice.blogspot.in/2012/02/access-to-justice-stake-holders-report.html
FRAUD IN
GOVERNANCE AND REDRESSAL OF PUBLIC GRIEVANCES
athttp://raviforjustice.blogspot.in/2012/07/fraud-in-governance-and-redressal-of.html
Eight years of
right to information: Are those responsible for governance
idiots or traitors? at-http://raviforjustice.blogspot.in/2013/10/eight-years-of-right-to-information-are.html
and
more...
regards n
bw
ravi
On Mon, Jun 16, 2014 at
9:41 AM, Forum for Fast Justice <fastjustice@gmail.com> wrote:
SUPREME
COURT CRYING FOR JUSTICE
Appex
Court appeals to the Parliament for legislating appropriate
laws and
to the Government for rationalising decision making process
for
stemming vicious and frivolous cases and appeals being
filed. Read
the last paras in the Surbroto Roy Sahara's recent
Supreme Court
Judgement.
(Bhagvanji
Raiyani)
Chairman
& Managing Trustee
Forum
For Fast Justice
"REPORTABLE"
IN
THE SUPREME COURT OF INDIA
CRIMINAL
ORIGINAL JURISDICTION
WRIT
PETITION (CRIMINAL) NO. 57 OF
2014
Subrata
Roy Sahara …. Petitioner
versus
Union
of India and others ….
Respondents
J
U D G M E N T
Jagdish
Singh Khehar, J.
149. A
lot of these hearings consumed this Court's full working
day.
Hearing of the main case, consumed one full part, of the
entire
summer vacation (of the Supreme Court) of the year 2012. For
the
various orders passed by us, including the order dated
31.8.2012
(running into 269 printed pages) and the present order
(running into
205 printed pages), substantial Judge hours were consumed.
In this
country, judicial orders are prepared, beyond Court hours,
or on
non-working days. It is apparent, that not a hundred, but
hundreds of
Judge hours, came to be spent in the instant single Sahara
Group
litigation, just at the hands of the Supreme Court. This
abuse of the
judicial process, needs to be remedied. We are, therefore of
the
considered view, that the legislature needs to give a
thought, to a
very serious malady, which has made strong inroads into the
Indian
judicial system.
150.
The Indian judicial system is grossly afflicted, with
frivolous
litigation. Ways and means need to be evolved, to deter
litigants
from their compulsive obsession, towards senseless and
ill-considered
claims. One needs to keep in mind, that in the process of
litigation,
there is an innocent sufferer on the other side, of every
irresponsible and senseless claim. He suffers long drawn
anxious
periods of nervousness and restlessness, whilst the
litigation is
pending, without any fault on his part. He pays for the
litigation,
from out of his savings (or out of his borrowings), worrying
that the
other side may trick him into defeat, for no fault of his.
He spends
invaluable time briefing counsel and preparing them for his
claim.
Time which he should have spent at work, or with his family,
is lost,
for no fault of his. Should a litigant not be compensated
for, what
he has lost, for no fault? The suggestion to the legislature
is, that
a litigant who has succeeded, must be compensated by the
one, who has
lost. The suggestion to the legislature is to formulate a
mechanism,
that anyone who initiates and continues a litigation
senselessly,
pays for the same. It is suggested that the legislature
should
consider the introduction of a "Code of Compulsory
Costs".
151.
We should not be taken to have suggested, that the cost of
litigation
should be enhanced. It is not our suggestion, that Court fee
or other
litigation related costs, should be raised. Access to
justice and
related costs, should be as free and as low, as possible.
What is
sought to be redressed is a habituation, to press
illegitimate
claims. This practice and pattern is so rampant, that in
most cases,
disputes which ought to have been settled in no time at all,
before
the first Court of incidence, are prolonged endlessly, for
years and
years, and from Court to Court, upto the highest
Court.
152.
This abuse of the judicial process is not limited to any
particular
class of litigants. The State and its agencies litigate
endlessly
upto the highest Court, just because of the lack of
responsibility,
to take decisions. So much so, that we have started to
entertain the
impression, that all administrative and executive decision
making,
are being left to Courts, just for that reason. In private
litigation
as well, the concerned litigant would continue to approach
the higher
Court, despite the fact that he had lost in every Court
hitherto
before. The effort is not to discourage a litigant, in whose
perception, his cause is fair and legitimate. The effort is
only to
introduce consequences, if the litigant's perception was
incorrect,
and if his cause is found to be, not fair and legitimate, he
must pay
for the same. In the present setting of the adjudicatory
process, a
litigant, no matter how irresponsible he is, suffers no
consequences.
Every litigant, therefore likes to take a chance, even when
counsel's
advice is otherwise.
153.
Does the concerned litigant realize, that the litigant on
the other
side has had to defend himself, from Court to Court, and has
had to
incur expenses towards such defence? And there are some
litigants who
continue to pursue senseless and ill-considered claims, to
somehow or
the other, defeat the process of law. The present case, is a
classic
illustration of what we wish to express. Herein the
regulating
authority has had to suffer litigation from Court to Court,
incurring
public expense in its defence, against frivolous litigation.
Every
order was consistently and systematically disobeyed. Every
order
passed by the SEBI was assailed before the next higher
authority, and
then before this Court. Even though High Courts have no
jurisdiction,
in respect of issues regulated by the SEBI Act, some matters
were
taken to the High Court of Judicature at Allahabad (before
its
Lucknow Bench). Every such endeavour resulted in failure,
and was
also sometimes, accompanied with strictures. Even after the
matter
had concluded, after the controversy had attained finality,
the
judicial process is still being abused, for close to two
years. A
conscious effort on the part of the legislature in this
behalf, would
serve several purposes. It would, besides everything else,
reduce
frivolous litigation. When the litigating party understands,
that it
would have to compensate the party which succeeds,
unnecessary
litigation will be substantially reduced. At the end of the
day,
Court time lost is a direct loss to the nation. It is about
time,
that the legislature should evolve ways and means to curtail
this
unmindful activity. We are sure, that an eventual
determination, one
way or the other, would be in the best interest of this
country, as
also, its countrymen.
…………………………….J.
(K.S.
Radhakrishnan)
…………………………….J.
(Jagdish
Singh Khehar)
New
Delhi;
May
6, 2014.
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