Common Law

I take the privilege to present here some of the invaluable key points that if strictly pursued upon with her/his Lawyer may help the litigant to secure meaningful justice in a time bound manner. It must be stated that some of the inputs below are the extracts of a PIL filed in Supreme Court by Janhit Manch & others, meticulously drafted by none other than Advocate Prashant Bhushan, one of the finest Legal fighters India has today. Link to Complete Petition: http://www.janhitmanch.org/judicialdelayssolutions.pdf PRE-LITIGATION: Time and again it is seen that Public Officials consciously indulge in complete disregard of established laws OR in neglect of their duties OR in not complying with Court orders.........and cause us to indulge in expensive and avoidable litigation. That the government is known to be a huge contributor to delays, in matters where it is a party – at various stages – from evading notices, replying to notices and replying without application of...

ALL ANNOYING DECISONS CARRIES WEIGHT OF 79 KGS TO 239 KGS What is annoying decision may be defined first. A decision of the court or of the govt, which produces annoyance at the first thought and produces sense of absurdity at second thought, to all reasonable thinking man, is certainly an annoying decision, also illegal (unconstitutional) decision, it seems to me and vulnerable to challenge for certain violation of principles of natural justice. Some instances that happened in the immediate past and I found the occasion to rewrite this. The definite objective of writing this is to further enlighten myself and of course sharing the same with my citizenry friends, of this issue that keep surfacing in regular succession. Those “some instances” were- Maharashtra govt decision to allow liquor to be made from foodgrains; Maharashtra govt decision to introduce a rule wherein Taxi permits will be given to only those who are having a domicile of 15 yrs in Maharashtra and if they can spea...

Whilst the ‘State’ is found fascinated to enact stricter Penal laws ostensibly to prevent crime, yet, the whole purpose of having penal laws is that they may not be applied at all, by effectively preventing the commission of same by powerful street presence of well equipped force. The law of the land obliges Police force 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. Given the lawless order of the day we observe, leave alone the history sheeters, even petty offenders appear to have not feared of present symbolic Police force of the country. Yet the Police institution have been fairly successful in terrorizing the common men. Nevertheless, the Cane Constabulary themselves work in c...