Thursday, July 24, 2014

Re: [IAC#RG] [Bulk] Re: SUPREME COURT CRYING FOR JUSTICE

Blame should go to all including judges, lawyers, court staff . Those who are within the system enjoying  life leaving the poor man to suffer for everything.
 See the fate of criminal law amendment act. i.e which was passed after much trouble ( as lawyers where deadly against that ) somewhere in 2008 which stipulates that criminal cases in which maximum sentences are seven or less than seven then police does not have power to sent a person in jail or the magistrate when produced after arrest .. For remanding that accused certain mandatory points has to be recorded . which includes the accused's ability to tamper with evidence , escaping  form the locality and influencing the witness etc. that means in normal circumstances and cases accused should be enlarged in bail. IPC 498 A comes in this category. So pre-trail incarceration should be an exception and bail should be the rule in such cases . Surprisingly not a single court invoked this provision so far and  all accused in non bailable offences  compelled to approach highly payed lawyer for bail/ anticipatory bail etc. Hassle free bail procedure would have been helpful to the litigant and might have caused losses to the lawyers and police. So they tried to stop invoking that provision in spite of putting it in to the statue book.   Finally Supreme court in July 2014 passed a judgment directing the courts and police to follow this mandatory provisions in the criminal law amendment act. 
Legislatures has not shown any genuine intention to  make the things transparent and helpful to the common man and whenever they tried to do something, people who are in the control of the things, thwarted such efforts,...         


On Thu, Jul 24, 2014 at 3:13 PM, Ravindran P M <raviforjustice@gmail.com> wrote:
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 bw
ravi


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!

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



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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 



FRAUD IN GOVERNANCE AND REDRESSAL OF PUBLIC GRIEVANCES at

Eight years of right to information: Are those responsible for governance idiots or traitors? at

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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