Common Law

I will begin with the words of Sir Lionel Fox, an acclaimed Penologist of England. He quotes the example of an 18th Century Judge who passed sentence of death saying, “You are to be hanged not because you have stolen a sheep, but in order that others may not steal.” He continued, “Executions are intended to draw spectators, and if they don’t, Executions do not serve their purposes.” It is said that if by punishing one offender, there is hope of deterring other prospective offender. Also, the punishment must also bring in some kind of shame to the delinquent so as to make deterrence demonstrative. Offenders are to suffer by punishment not because they were malignant or mischievous, but because others may not behave malignant and mischievous. There seems to be an instinctive feeling in most of men that a person who has done an injury should be punished for it. However, in the light of above settings, the valid reason for punishing delinquency is not to avenge injury caused, but to...

In modern times, Peoples' Security and Progress are sought to be secured through codified laws and scheme of Justice is thus introduced to secure that Security and Progress. The whole scheme of Justice it appears in its most common acceptation implies the giving of every man his due. The expression “Rule of Law” may have varied dimensions, and the most apt explanation to this expression appears to be, “The People have an absolute / unqualified right to be Ruled / governed/ regulated by Law, and not by individual whims and fancies”. This is also in fact and precisely the mandate of Article 14 of our Constitution, which among other things, guarantee equal protection of laws to all the persons. And therefore, whenever the laws of the land are not adhered to, causing prejudice or any loss to any person, he can claim that his fundamental right recognized under Article 14 stands abridged. The next legal query may arise, what is meant by Law. And, we may look at the definiti...

I produce here one landmark English case – The padfield Case [1968] AC 997, decided by one of the most celebrated Judge of England- Lord Denning. This is how Lord Denning dealt with the case before it. His Lordship said- “It is plain to me that by these provisions parliament has provided machinery by which complaints of farmers can be investigated by a committee which is independent of the board and by which those complaints, if justified, can be remedied. No other machinery is provided. This case raises the important question: How far can the Minister reject the complaint out of hand ? Is the Minister at liberty in his unfettered discretion to withhold the matter from the committee of investigation and thus refuse the farmers a hearing by the committee ? And by refusing a hearing, refuse a remedy ? Mr Kemp, who appeared for the Milk Marketing Board, contended that the Minister need not consider the complaint at all. He could throw it into the waste paper basket without looking at ...

Fax Message: 04 march 2010 To, The Hon'ble the Chief Justice Anil Dave The Hon'ble the Bombay High Court. Regarding: Padma Awards: Present criteria of selection is highly flawed, per se. The petitioner comes to this Hon'ble court with clean hands and with neat prayers. This Hon'ble court is approached to obtain relief by way of directing the ministry of Information & Broadcasting, Govt of India, to make an objective assesment and report-whether undeserving people has received these prestigious civilian award. Realizing the human motivation of recognition and in order to press a healthy competition among citizenries to engage themselves in social well being, awards are given to civilians to excel in their field of endeavour benefitting the humanity. The Government of India instituted on 2nd January 1954 Civilian awards known as Padma Awards. The categories are: Padma Vibhushan, Padma Bhushan and Padma Shri. The most appropriate portion from wher...

Like a man write his WILL and wish that after his death his properties shall be given to these people, it appears to me that every letter of Constitution of India exhibits the collective Solemn WILL of our known and unknown countless freedom fighters, wherein we the people of INDIA are made the beneficiary. Nevertheless, as always, the bounden duty remains on our High Courts & Supreme Court to secure that WILL of the testators (read freedom fighters) manifest in Constitution is given effect to. In our vast, beautiful, geographical landscape of Independent INDIA, i.e. Bhaarat, again, the Constitution of INDIA, which came into existence on 26th January 1950, is the supreme & fundamental governing volume. This epic governing volume makes a categorical announcement in the introductory passage that people of INDIA are the architect of this volume. The announcement assumes significance because by this announcement, the framers of our constitution propose to acknowledge and give ...

Date: 19th November 2010. To, Hon'ble The Chief Justice of India and other Hon'ble Judges of Supreme Court New Delhi. India. Your Lordship, I am writing this in the background where the Supreme Court in SLP(C)No.32855/2009 & SLP(C)No.32856/2009 says that it is a bad idea to inform people of this Nation as how appointment and transfer of Supreme Court Judges takes place, saying that it would adversely impact the independence of the judiciary. http://www.zeenews.com/news668926.html I have FOUR uncomplicated arguments to justify complete disclosure of the process of Appointments of Judges at Supreme Court of India. Argument first- No Indian will dispute, we the contemporary people of India breathe fresh air of freedom because of the countless bloodshed sacrifices of then brilliant people of India. Their sacrifices were selfless. By the reason of independence came in our vast, beautiful, geographical landscape, the Constitution of INDIA (Governing Volume) came...