Common Law

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 ...

Reg: "If Judges Assets can be made Public under RTI Scheme", To, date: 7th May,2009 The Hon Chief Justice & Companion Judges The Hon Delhi High Court The office of the Registrar General, Sher Shah Road, New Delhi - 110003 Hon Justice, In the backdrop of Delhi High Court going to decide "If Judges Assets can be made Public under RTI Scheme", the writer respectfully impress upon this Hon Court- a) ambit of equity: Black's Law Dictionary: Aequitas est correctio legis generaliter latae qus parte deficit, meaning- Equity is the correction of that wherein the law by reason of its generality is deficient; Equity is certain correction applied to law because on account of its general comprehensiveness, without an exception, something is absent from it. b) add value to life: Yet, forms of accountability may differ but the basic idea remains the same that the holders of Public Office must be able publicl...

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...