Common Law

To my little understanding and what i see and perceived of our present legal system, i am of strong view that most of cases whether appeals or fresh cases, that are filed in Lower Courts to Higher Courts..............lack substance ie, cases/appeals are filed to frustrate the innocent............ I have volunteered in State Information Commission, Mumbai for about 8 months to fashion measures for speedy disposal of second appeals and complaints that are filed. There we used to prepare scrutiny sheet of every appeal/complaint. Even very recently the SC has took judicial notice of the fact and warned High Courts to take care while admitting cases in appeals. http://www.igovernment.in/site/Keep-a-check-on-appeals-cases-SC-to-high-courts/ Also, just to say, i have come across a case in Bombay HC wherein the Petitioner has invoked Writ Jurisdiction ie. Original Jurisdiction of the Court of an purely, purely i repeat, appeal case and furthermore.................. High Court has even ...

Parliamentary elections in our country can best be referred as festival of democracy and yet test of it, where the entire world looks at us for being the largest democracy. I could not resist speaking few words about democracy. Democracy is achieving of numbers where citizens of age of reason has collectively posed faith in one and rejected all others. The democracy entails that a sovereign citizen agrees to forego his/her sovereignty to the sovereign govt in return for rule of law. The Sovereign Govt thus thereby ensure rule of law in the society. At the outset I make sincere effort, of course with my limited wisdom, to outline attributes and elements of a Manifesto by Political Sovereign- A manifesto by a Political sovereign is a positive and palpable promise and also an appeal to adult franchise of the citizens of India, that if they are so voted to be able to form a Govt, a Govt which is endowed with all inherent powers and privileges like other sovereign Govts of the worl...

Public Officials indulging in Graft, In the light of rigid maxim, wherein an orderly system of nature has no room for miracles, and "wherein their mind is in passive recipient or wherein their mind is in conscious awareness of certain ideas and impression that their acts has a direct bearing on life of human being; or their act may palpably endangers human life", a man indulging in an act of corruption which positively endangers human live should be deemed offences affecting human Body and relevant section of IPC 1860 as contained in Chapter 16 must be so invoked. An overt act is the manifestation of intent of a man. Natural consequences of such overt act must be inferred for doer has deemed knowledge of the consequences. Instances can be few and more; like for eg. Graft in Public Distribution Services; Graft in ICDS schemes leading to malnutritional deaths of childrens; Graft in issuing of Driving licenses to undeserving candidates etc. With significant legitimac...

Friends, Yesterday evening, I had the opportunity to meet one well meaning Shri Shantilal ji Chhajerh, a retired District Judge of Jodhpur District in Rajasthan. During conversation about PIL and other things, he informed about section 22A of LSA 1987 wherein some of the pressing civic issues relating to sanitation, hospital services, transport, postal services can effectively be resolved and that too amicably being the very nature of Lok Adalats. By virtue of section 22A of Legal Services Authorities Act 1987, some of the pressing civic problems as stated hereinafter in section 22B can effectively be resolved in Permanent Lok Adalats constituted for the purposes. The addresses of Lok Adalats can be obtained from District Legal services Authority or High Court Legal Services Authority. Or ask me, I will find out. For any confusion, pls ask. Thanks,Sandeep Jalan, Mumbai. Legal issues !! If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable proper...

Escheat- The lapsing of property to the sovereign or state on the death of the owner, intestate and without legal heir.[S.29 Hindu Succession Act 1956.] If State is entitled to the property of a person say a deserted old age man/woman, then it becomes the responsibility of the State to maintain that old man/woman. By this definition, not only constitutionally but also statutorily it is the responsibility of the State to maintain every 'single' person living a life of destitution and deprivation, particularly the old age. ============================= 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) Gr...

MUMBAI, India (Reuters) Story Highlights Magazine for prostitutes offers snapshot of life in India's biggest brothelsMonthly "Red Light Despatch" reports on world of pimps, violent customers Prostitution is illegal in India, but it is a thriving underground industry Voluntary groups estimate 2 million women in India work as prostitutes. "My dignity was torn to pieces. I used to cry a lot. But I soon learnt some things will never change no matter how much you cry," she wrote. Elsewhere, women wrote about betrayed love, bad marriages, their dreams of living a life of dignity, of owning a "house with lots of sky," and about the "frightening" world of prostitution. ============================================================= 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 et...

Friends, I like to add a dimension to Right to Shelter. A Nation which is Sovereign has some very few Sovereign Function/Obligations/Prerogatives and they are- 1) Abatement of Internal & External Aggression thereby ensuring security to every Person of his Life and Property; 2) Administration Of Justice including Punishing Offenders of Law ; 3) Imposition of Taxes. These are called the Primary duties of any and all Sovereign Nations. The manifest threat to life and Property of People living on the streets can safely be assumed. The moot question may occasion, " Do Sovereign Indian Govt can take refuge in paucity of money as defense in their inability to perform this Sovereign duty." The Answer is Big NO. In this regard, the Observation and Judgment by Legendary Hon.Justice Krishna Iyer in Ratlam Municipality case is, though unfortunately not trend setting, nevertheless is inspiring. The Hon Court, taking Judicial notice of magnitude of Corruption in S...

Friends, In the backdrop of this Editorial in Hindustan Times Dated 3rd Oct. by Harsh Mander, the Convenor of Aman Biradari, I seek to make an sincere effort to unfold this human indignity continue to haunt us. Child begging at Rly stns and traffic signals are not surprising. To be honest, I began to realise the plight and pain of these Childrens only after I was gifted a baby boy some 3 and half years back. Childrens are simply innocent and just helpless and mercilessly dependent on us for their well being. Thereafter, it has always been a matter of concern and equally baffling, why this gross apparent human indignity is tolerated by us and Why our Govts. & Justices are least bothered. Though I could not find answers for why we are silent onlookers, but surely I got answer for Why Govts. & Justices care little. The Answer is, "Since We dont care, Our Govts. & Justices too dont care". Govts. dont do their jobs simply because We dont want 'It...

Respected, Time and again it is seen that Public Authorities plea paucity of funds as reason for their inability to fulfill their constitutional and statutory duties. Putting rest to this controversy in totality, in a landmark judgment given by Hon.SC in Municipality of Ratlam V Vardichand(1980) The Hon. Court, thru Justice Krishna Iyer, Categorically rejected the contentions of Municipality, the plea of Paucity of funds as defense, for its failure in the due discharge of public duties. The Court Said,"Statutes operates against Statutory bodies and Others regardless of the Cash in their coffers even as human rights under part Three of the Constitution have to be respected by the State regardless of Budgetary provisions. Otherwise a profligate Statutory body or pachydermic Govt. Agency may legally defy duties under the Law by urging in self defense a self created bankruptcy or perverted expenditure budget. That cannot be." May I suggest, Do we make a diamond studd...

Friends, The submission made here are of renowed Chartered Accountant Shri Dharmendra Bhandari in his famous Book "What have you done with our Money" and Acknowledged and Foreward by Legendry Shri Nani Palkhivala. Instances are not wanting of collosal waste and misappropriation of Public Funds and are reported but no action taken, inspite of being a serious offence. Hardly a moment passes without a common Man of India being a mute witness to the collosal waste in the utilisation of his money by the Govt. The poor of India endure such inhumane conditions as would normally lead to a revolution in any other country. The rich endure foolish Laws, maddening amendments and instinctively prefer to circumvent the Laws than to fight for their repeal. The Role of Audit assumes special significance in the Indian context because of extensive spen...

A brief Note before you proceed to article: 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, may see following link  or If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation, may see following link  Law Referencer: https://www.litigationplatfor...

Taking clue from observations so made by the Hon.Justice P.N. Bhagwati in Bahdhua Mukti Morcha, "…matters of larger public interest that come before Supreme Court and High Courts really speaking are not adversary in nature", i take leave to state few words. The very word "Litigation" in matters of large Public interest creates a climate of conflict between the Govt/agency and the Petitioner, whose interests and objectives in fact are common. Is not it is desirable that................ critical matters, at least, relating to human development say- housing for all, Sanitation, Clean drinking water, Security of the People, administration of Justice, matters, which are of no dispute, in the sense that even the Govts are not averse to these things, however they may have some constraints of some nature.... ................should be resolved with combined dialogue with the Petitioners, the Govt and the Judiciary. The modalities may have to be shaped for t...

With the blessings of Article 20 (1) of Constitution of India- State cannot make any Law/Rule which imposes any- fresh Tax liability or Penalty or Fine or imprisonment on Citizenry, a liability/fine/ penalty/ imprisonment which was not in existent at the time of Citizenry entering into a transaction; or which was not in existent at the time when Citizen has done a particular act. Like penal laws, fiscal laws too are strictly construed. Like penal laws, One must be told before hand all his liabilities before he intend to venture to his acts. Moreover, There must be certainty to the law. You make a law wherein certain set of Citizenry are called upon to pay certain Tax/ duty for a certain period. All Citizenry thus in return plan their investments and expenditure. As stated by Mihir Naniwadekar in his blog- “There are a few decisions which have held that Article 20 would not apply to ex post facto tax laws; even if they impose penalty. That is true especially considering the...

However we live in a world where gigantic scientific and phenomenal technological achievements commands our administration, we are witnessing an intolerable degradation of man. However India’s National policy for children says, “The Nation's Childrens are a Supremely Important Asset. Their Nurture and Solicitude are our responsibility. Children’s Programmes should find a prominent place in our National plans, for the Development of Human Resources, so that our Childrens grow up to become Robust Citizens, Physically fit, Mentally alert and Morally healthy, endowed with the Skills and Motivations needed by Society”, Yet the reality is cruelly hollow. A continuous source of guilt, shame, annoyance to witness Childrens begging for alms at every other corner of traffic signals, railway stations, at places of worship; Infants sleeping, playing on the Footpath...

The essence of the Law lies in its spirit not in its letter for the letter is significant only as being the external manifestation of the intention that underlies it. [ Salmond Jurisprudence, Grasim Ind.Ltd V Collector of Custom(2002) 4 SCC 297. 1. The intention of the legislature is manifested in the language which the legislature has chosen to employ. If the words of a statute are clear or unambiguous, such words must be given their ordinary, natural and recognized meaning attributed to them unless they have acquired a technical or special legal meaning. 2. The meaning of the statute is to be gathered from the words used in the statute itself. If the intention of the legislature is clear, that intention constitutes the law. An statute is the authentic repository of the legislative will and the function of the court is to interpret it according to the intent of the legislature. 3. Each word, phrase or sentence in a Statute is to be considered in the light of the general purpo...