Common Law

Time ans again it is seen that Govts both Central and State do not notify in the Gazzet of laws passed by Paliament and State Legislatures on one ground or the other. Examples are many- 1) Senior Citizens Act passed by Parliament yet to be notified in many States; 2) CrPC amendment Bill wherein, among other amendments, the assumed sweeping powers of arrests by Police has been taken away. This is not notified. 3) There is one Food Quality Bill not notified. It is illegal on the premise that- (1) In India, the Constitutional framework, the contemporary democratic set up and the functional relationship between (the State organs comprising the Legislature i.e. The MPs & MLAs, The Executives i.e. Govt which acts as an Agent between the People and its Representatives, and the Judiciary, the watch dog of the Rights of the People) is such that the People choose their Representatives and authorize them to make laws and govern them thru Govt. The Representatives in turn mak...

Please find updated contents at: https://www.litigationplatform.com/Judgment/Index/f75c40b0-255e-4fa3-8286-610554673eed https://judgmentshighcourtsapexcourt.blogspot.com/2014/11/arnesh-kumar-ruling-sc-2014.html https://judgmentshighcourtsapexcourt.blogspot.com/2014/11/joginder-kumar-case-sc-1994.html

Any grievance against the judicial officer / Judge / Magistrate, other than relating to merits of the case, may be recorded before the concerned High Court. Such grievances may include gross misbehavior or insulting behaviour; intimidation of any kind; inordinate delay in passing Order, etc. YOUR LETTER HEAD (Make necessary changes in the complaint / Notice, as may be required considering the circumstances of each case and statutory requirements, if any) Date: To, The Hon’ble the Chief Justice The Hon’ble  _______High Court, Subject: Please exercise Powers of Superintendence under Article 227 of Constitution of India. The Hon’ble the Chief Justice, 1.       Summarize the whole case in one Para. 2.       THE FACTS OF THE CASE: Instructions: a)      Any grievance against the judicial officer, other than relating to merits of the case, may be stated herein, which may inc...

The law of the land expect Police force and in particularly the Constabulary, to prevent Commission of offences like Rioting, Murder, Robbery, Dacoity, Kidnapping, Extortions, Rape, Organized drug trafficking, human trafficking, Crimes of Slumlords, AK-47/56 armed terrorists including other petty offences. A very basic question may be thrown, "do the present Police force inspire confidence of the people or if they instill fear in the minds of potential offenders. Given the lawless order of the day we see time and again on our idiot box, leave alone the history sheeters, even petty offenders appear to have not feared of present symbolic Police force of the country. Further, it is seen that the State Govts find their Police force admittedly incapable of handling emerging emergency situations. Army is roped in severe law and order times, duri...

To, Date: 16/06/2009 The Hon Chief Justice The Hon Bombay High Court, Regarding: In the exercise of Power of Superintendence over all Lower Courts and Tribunals under Article 227 of Constitution of India, Please introduce LITIGANTS’ DAY in MY HIGH COURT Hon Justice, THE POSITION IN LAW: (1) Supreme power of Superintendence of all Lower Courts and Tribunals is entrusted to all Judges of HC under Art.227 of Constitution of India. Superintendence ordinarily entails Authoritative control over the affairs of that by overseeing its operation and performance. (2) ARTICLE 141 OF CONSTITUTION OF INDIA: Hon Supreme Court in All India Judges Association wherein PETITIONER were ALL INDIA JUDGES' ASSOCIATION and RESPONDENT were UNION OF INDIA; DATE OF JUDGMENT 13/11/1991; BENCH: MISRA, RANGNATH (CJ) BENCH: MISRA, RANGNATH (CJ) AHMADI, A.M. (J) SAWANT, P.B. Chiefly outlined the Role and obligations of District judge and role and position of Trial Judge in admin...

dear friends, On 5th June 2009, I faxed 6 paged communiqué to Supreme Court of India followed by an RTI application same day asking to provide copy of documents showing action taken on my fax sent. Since the matter concerned the life of an individual, I had invoked relevant provision of RTI Act which oblige PIO to furnish info sought within 48 hours of receipt of RTI application. On 12th June, I received a letter from Supreme Court of India. Among other things, it stated, in persuant to six paged letter to SC, it has vide its ref no. Dy No 4579/ SC/ PIL/ 20085 (5106/2009), dt 9th June, 2009, given direction to the Secretary of Ministry of Home Affairs, Govt of India, to take appropriate action in this regard. I have reasons to believe that had there been no RTI filed, no Cognizance would ever have been taken. May click this link to have access to 6 paged communiqué. Copy of letter sent: 5th June 2009. To, The Hon Supreme Court of India New Delhi From, Sandeep ...

IN THE HIGH COURT OF JUDICATURE AT XXX ORDINARY ORIGINAL CIVIL JURISDICTION PIL WRIT PETITION NO. OF Mr.ABC .... ……………………………………….PETITIONERS V/S THE STATE OF XXX ………………………..RESPONDENTS INDEX Sr.NO. DATE PARTICULARS PAGE NO. 1. PROFORMA 2. SYNOPSIS 3. POINTS, AUTHORITIES & ACTS 4. THE PETITION 5. VERIFICATION 6. MEMO OF APPEARANCE 7. MEMORANDUM OF REGISTERED ADDRESS 8. LIST OF DOCUMENTS 9. EXHIBIT ‘A’ 10. AFFIDAVIT IN SUPPORT. 11. CERTIFICATE IN THE HIGH COURT OF JUDICATURE AT XXX ORDINARY ORIGINAL CIVIL JURISDICTION PIL WP NO. OF Name And Address of Petitioners – Versus Name and Addresses of Respondent (s) (IN PERSON). ____________________________________________________________________ Office Notes, Office Memorunda of Corom. Appendices. Court’s order or Court’s of Judge’s Direction and prothonarty’s order orders. IN THE ...