Common Law

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...