Common Law

Regarding: When Bombay High Court refuses to regularize unauthorized construction and orders demolition of 17 floors of Gourav gagan in kandivali, Mumbai, India. http://www.3dsyndication.com/showarticle.aspx?displaytype=n&nid=DNMUM157482 The Chief Justice Swatanter Kumar of Bombay High court in a case before it, is quoted as saying- “......if they are carried away by the brochure and public advertisements, and do not make such inquiries, then, they cannot turn around and seek assistance of the court”. It is highly unwarranted when courts attend citizenry like as irresponsible childrens supposedly to seek undeserving claims. Under no circumstances, citizenry can assume that courts are forum to legalize negligence. We the citizenry knock the doors of court to enforce our rights, our dues, constitutional and statutory. The courts cannot give what is not our dues and this we the citizenry know well. Courts are merely a platform to claim our dues. As emphatically subscribed by...

Respected members of Campaign for Judicial Reforms & Accountability, With Sanskaar Channel, Ramdev Baba brought his concept of Yoga on International geography. Successfully. Shouldn’t we be doing it too. To spread legal awareness, to check Judicial misconduct and corruption. Please give a considered thought...... -- -- iN APPRECIATION, Sandeep Jalan Legal issues !! If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others . or If you are looking for draft of any legal proceeding; or if you want to know the nature and att...

Gross negligence and corrupt act of ministers and commissioners often draw flak, strictures, severe criticism from higher courts and equally some time comes from highest constitutional office of prime minister and home minister. Higher Courts and these higher Constitutional functionaries but must be told- What in effect they are saying, or in effect what they are doing. So in effect these higher Courts and these Constitutional people give FRIENDLY WARNINGS for Serious lapses and definite guilt. In the latest of these series, Shri Chidambaram, the Home Minister, on occasion of 1st annivarsary of 26/11 attack on mumbai, the senior and learned most, severely criticised mumbai police for they “misplaced bullet proof jackets and important files pertaining to purchase of these bullet proof jackets”, those bullet proof jackets which didnt worked and caused loss of our three most brilliant upright Police Officers. Those three Police Officers are Hemant Karkare, Vijay Salaskar and Ashok ...

Article 141. Law declared by Supreme Court to be binding on all courts: The law declared by the Supreme Court shall be binding on all courts within the territory of India. In a Constitution Bench judgment of this Court in Union of India v. Raghubir Singh (1989) 2 SCC 754, Chief Justice Pathak observed as under : "The doctrine of binding precedent has the merit of promoting a certainty and consistency in judicial decisions, and enables an organic development of the law, besides providing assurance to the individual as to the consequence of transactions forming part of his daily affairs. And, therefore, the need for a clear and consistent enunciation of legal principle in the decisions of a Court." 1.       Broadly speaking, every judgment of superior courts has three segments, namely, (i) the facts and the point at issue; (ii) the reasons for the decision; and (iii) the final order containing the decision. It is the ratio decidendi [reasons for the d...