[IAC#RG] Important judgement

Dear All,

Sharing important judgement .

As per the recent decision of the Hon'ble Supreme Court of India inDASTHRATH RUPSINGH RATHOD v. STATE of MAHARASHTRA, Dated 01.08.2014, wherein the Hon'ble three judge Bench overruled its own decision in K. BHASKARAN v. SANKARAN VAIDHYAN BALAN, (1999) 7 SCC 510, and held that the jurisdiction for filing of the Complaint under Section 138, Negotiable Instruments Act, shall be the place where the drawer bank is located.

Please think before accepting out station cheque.

Thank you.

Sangeeta Tomar

Sangeeta Tomar

On 28-Oct-2014, at 10:15 pm, Hemraj Jain <jainhemraj59@gmail.com> wrote:

It is revealed by govt that all the names were given by Modi Govt in June 2014  to SIT  (which works under Supreme Court of India, the SCI). That means these names are already with SCI (because SIT is supposed to tell SCI at first opportunity, when it gets such list).

Then why SCI asked govt to hand over the same list to SCI on August, 29 ?

Can some one enlighten me about the motive of SCI behind this order.

Regards

Hem Raj Jain

On Tue, Oct 28, 2014 at 10:33 AM, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:

To  

 

India Against Corruption

                                                                                    DOES  JUDICIARY  HAVE  UNLIMITED  POWERS ?

 

In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.

For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or  using loud speakers beyond certain hours, which are purely  matters in the domain of administration.  At least some people including some   legal professionals  some times wonder  whether judiciary is exceeding its limits on occasions.

There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis  of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people  as to what would be the limits of powers of judiciary and which are the matters which it should entertain.

Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of  politicians and bureaucrats  and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats ,  which appear to have made judges think that they have unlimited powers and they are the ultimate  authority.

The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision  and whether it really  has  the inherent  powers to do so,  as  per the provisions of constitution.

N.S.Venkataraman

Nandini Voice For The Deprived

Email:- nsvenkatchennai@gmail.com

Twitter : @nsvchennai

 

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