Common Law

Subject: Strict implementation of section 7(e) of The Trees Act, 1975, which mandates that every felled tree must and shall be transplanted by Tree Authority. Having a plain reading of section 7 (e) of The Maharashtra (Urban Areas) Protection & Preservation of Trees Act, 1975, read with Preamble of the Act, it can safely be said that every Tree removed has to be transplanted. Section 8(5) prescribes that where a Tree Authority grant permission for feeling of a Tree on an Application so received, the Applicant shall Plant another Tree and or abide by other provisions as stated in the Act. That been the case, the Tree Authority is not in anyway absolved of its responsibility of transplanting the felled Tree. The language of Section 7 (e) is pretty clear that Tree Authority shall ensure transplanting of every felled tree and this duty ...

I can clearly hear a voice of a Judge while he take oath before assuming charge of public office wherein he promises justice to all litigants who come to them for adjudication of their due rights. It is also heard that he promises that his decision will not make a litigant feel cheated even if his decision will go against him. And therefore, I feel that this court is still doing justice to me and I am receiving justice even if all my prayers are turned down. I am still receiving justice even if I am sentenced for imprisonment or fined heavily. I then remember the promise of the presiding judge that he will reasonably explain me in his order that why I am not entitled to my prayers or why I am entitled to the punishment or fine. Moreover, even if I am granted all the relief, the presiding judge will still explain in his order why I am duly entitled to the prayers. This will console my brother litigant. Explained decision of the court will give satisfaction to me that I am adequ...

hi.......... We live in times of constraints coupled with climate of suspicion and distrust, yet …………….. peoples' support may come………..but in return for something real and palpable ………. which they need badly…………. While i was reading Mint (a daily), a line struck me, "you need someone to be heard in this city", a young boy, talking about Kolkata, disgusted about present political plane.... Look into possibility of starting a business Venture- "हम सुनेंगे" Helpline/ Call Centre/alike and try to guide people facing problems with administration (only). In return, one can seek a nominal fee or no fee from needy. I look at Law and Courts as very powerful medium of change, contrary to popular belief. I tell you, i smell huge success..... Operational difficulty is the key to address..................... Sandeep Jalan, Mumbai. “I believe that being educated means being enlightened, being helpful to the world at large and not possessing some pa...

Lawyers should never ask grandmas a question if they are not prepared for the answer. In a trial, a small town prosecuting attorney called his first witness, an elderly grandmother , to the stand. He approached her and asked, "Mrs Batliwala, do you know me?" She responded, "Why, yes, I do know you, Mr Chand. I have known you since you were a young boy and frankly you are a big disappointment to me. You lie, cheat on your wife, manipulate people and talk about them behind their backs. You think you are a big shot when you haven’t the brains to realize you never will amount to anything more than a two bit paper pusher. Yes, I know you.” The lawyer was stunned !! not knowing what else to do, he pointed across the room and asked, “Mrs Batliwala, do you know the defense attorney ?” She again replied, “Why, Yes, I do. I have known Mr Aggarwal since he was a youngster. He is lazy, bigoted and has a drinking problem. He cant build a normal relationship with anyone and ...

.....in the late 1890s the infant mortality rate in Great Britain was 160 deaths for every 1000 live births. They died for the same reasons that so many childrens still die in so many developing countries.... “Parliament was all but compelled to legislate upon the great London nuisance by the force of sheer stench.” thus commented the London Times. Parliamentary nostrils were offended, while poor people died.[United Nations Human Development Report 2006, Chapter 1, page 29] The crisis households’ face in the developing world today has parallels with an earlier period in the history of today’s rich countries. The vast expansion of wealth that followed industrialization increased incomes, but improvements in more fundamental indicators such as life expectancy, child survival and public health lagged far behind. The reason: cities exposed people to greater opportunities to amass wealth, but also exposed them to……………..................................................................

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