Skip to main content
21.03.09

All Public Servants speak Law.

A Judge/Commissioner/ speak letter of the law. As soon as they assumes powers of that designated public office, he deemed to have said all what is written on the statutes.

It is seen that a letter of the law, a dead letter on the paper as it looks, is flouted with impunity. But when letter of the law is plain and unambiguous than it can be said that the public Servant is obliged to have said what is written on the law though he may not have said really speaking.

Like for example, Instead of stating the letter of the law, Can I have the liberty of stating-

The Chief Justice of Bombay High Court has promised and emphatically said, “Tell us if you face any misbehavior or any difficulty in getting Justice at Lower Courts or Tribunal, I have, under Article 227 of Constitution of India, unqualified Power of superintendence over all courts and tribunals throughout the territories in relation to which I exercises jurisdiction. I will do the needful.

The Chief Justice further exhorts and reiterates that Section 14 of General Clauses Act 1897 empowers me to exercise my powers from time to time as occasions requires.

And the Chief Justice further state that it is settled principle of law that an express grant of Statutory Powers carries with it by necessary implication the authority to use all reasonable means to make such grant effective.

Also, the Chief Justice take the liberty and privilege of invoking the Judgment of Hon Supreme Court in All India Judges Association:. PETITIONER: ALL INDIA JUDGES' ASSOCIATION Vs. RESPONDENT: UNION OF INDIA........

I am of view that this may revolutionize the way pleadings are made and cases are argued in our Courts.

Sandeep Jalan


So as to bring issue to the front............that has plagued it................Nations will Continue to enforce...............UNCONSENTED Supreme sacrifices on its Citizenry.........................Unless the Citizenry......................Individually and Collectively.............................Resolve.......


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 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.
Tap “Lawyer” in your Cell to explore.
Android


Thank you.

Comments

Popular posts from this blog

The Commercial Courts / Suits - Pleadings and Procedure

The Commercial Courts, Act, 2015 – A broad framework In order to ensure speedy disposal of disputes which arises from commercial transactions involving high value, the Parliament of India has come out with a unique legislation namely, The Commercial Courts, Act, 2015; wherein Commercial Courts / Divisions are to be constituted in the existing district Courts and in High Courts; and wherein disputes arising from specified commercial dealings involving claim of Rs.1.00 Crore or above would be adjudicated by these newly constituted commercial Courts / Divisions. By virtue of recent Amendments, the limit of Rs.1.00 crore has been reduced to Rs.3.00 Lakhs; and accordingly claims relating to commercial disputes involving Rs.3.00 Lakhs could now be maintainable under this special regime.  And accordingly, the Code of Civil Procedure, 1908, is substantially amended, wherein new Order XIII-A and XV-A are inserted, apart from new Order XI, Sections 35 for costs, Verification of ...

Leading Evidence during trial

1.       In case where the accused refused to plead guilty of the offence to which he is charged with, and claims to be tried, the Court calls upon the Prosecution / Complainant to lead all the evidences he has in support of his case. 2.       In criminal trial, the evidence are required to be led by the complainant and / or their witnesses by stepping into the witness box and illustrating / demonstrating to what they have witnessed. The Complainant is to examine before the Court, himself, and all other witnesses, who are “witness” to the crime, which is alleged to have been committed by the accused named in the complaint. This examination of himself and other prosecution witnesses is called “Examination – in – Chief. 3.       Giving evidence of facts is critical to any trial, be it civil trial or criminal trial. And therefore, it becomes imperative to understand the dynamics of evidence in legal sens...

Form II under Rule 6 of Rules, 2006, framed under the impugned Act

Impugned Provision / other anomaly Breach of Section / Article FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the impugned Act Section 3 – Explanation II; Section 18, 19, 20, 22 and 23 of the impugned Act. Principles of natural justice. FORM II [See Rule 6(1)] Application to the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)     To The Court of Magistrate .................................... .................................... .................................... .................................... Application under section ........................ of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005)            SHOWETH: That the application under section.................of Protection of Women from Domestic Violence Act, 2005 is b...