Sarbajit Roy | 25 Jul 22:09 2014
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[IAC#RG] BJP as corrupt as Congress

IAC members may recall a campaign we started to shut down 2 highly
pornographic .IN websites about 2 months before the LS elections.

Since the sites were hosted in Mumbai our campaign reached Milind
Deora (MoS for IT) and Priya Dutt when the UPA Govt babus continuously
evaded closing these sites on IAC's complaint. But even these 2 MPs (1
of whom was actually the dealing junior Minister) didn't (or couldn't)
shut down these 2 highly lucrative sites which are allegedly financed
by relatives of a leading politico using havala through Pakistan.
These sites were so shameless that they even had scandalous
"celebrity" pictures of their own Party President in dirty business.

After the BJP Govt came to power IAC complained about 3 additional
porno .IN websites blatantly controlled from a chappie in Pakistan
(openly registered to him in PK). These websites had explicit dirty
"celebrity" pics of a current BJP MP (and former Union Minister)'s
celeb daughter. Despite this for almost 2 months the BJP Govt took no
action on IAC's complaint even though the dealing Union Minister (BJP)
is very close to the MP concerned.

Left with no alternative - and unwilling to pay the bribes demanded,
IAC translated about 20 pornographic pictures with their filthy
captions into Gujarati language and discreetly sent it to "The Man"
last week. 2 of these sites were finally "rendered inactive"
yesterday, the 3rd had stopped down on its own on 22 July.The 2
lucrative .IN porno sites with pics of Congress persons continue to
operate but those photos have been deleted (for now)

MORAL :
(1) There is no practical difference between Congress and BJP.
(Continue reading)

Gaur J K | 25 Jul 10:09 2014
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RE: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE

25/7/14
Dear Sir,
Our system of parliamentary democracy is based on independence without any check and balances.
Parliament claims supermacy and the judiciary makes similar claims. The Govt.excercises executive powers without any control of parliament through executive orders.
Checks and balance are more in the name than in practice like impeachment proceedings of President or judges.
corruption was recognised as a serious problem from the time of independence but only half hearted measures were taken to control it.
Lok Pal has been castigated by Rahul Gandhi in Parliament as an institution over and above the constitution.
Mr. S. Roy is also not supportive of LOKPAL insitution.
Judiciary gives judgements after protracted proceedings and delays but not necessarily justice.
Yet are not prepared to improve system of delivery and free from corrupt pratices.
Parliament has failed to  legislate,letting the colonial laws to continue for more than 67 years.
Parliament has failed to excercise control over executive.
As an expression of the will of the people,the recent Elections were unprecedented. If we take it as an expression of people,s anger and frustration with the system, can we expect some improvement in the system of governace-less of corrution, qucker delivery of services.
Regds
JKGaur
Date: Tue, 22 Jul 2014 11:41:37 +0530
From: sureshandelhi <at> gmail.com
To: indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org
Subject: Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE

Ours system works without accountability, Legislative, executive and judiciary are working without any transparency. There should be a proper mechanism to take action against errant member within each body. Unfortunately we don't have that. We are compelled to believe that ,  "No IAS officer ever going to do any mistake. So he is entitled to continue in service up to the age of retirement. Like wise Judicial members are just like god and there will not be any question of they committing mistakes, forget about corruption,.. So we have impeachment system to remove them from service.. for the last 67 years Not single judicial member had been removed from service, we should be proud of that,. corruption can be committed only by lover level officers,, they have been removed time and again after taking departmental actions. If we want a proper system in place, then all the people who are in enjoying top most power should be made accountable to a transparent and strong lokpal like body. So lokpal is needed only for the top post, these top will take care of the subordinate.      


On Mon, Jul 21, 2014 at 9:58 PM, R. Dua <r.dua1234-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:


We as laymen have recently witnessed a most inappropriate manner of Hon Justice not standing up for a most distinguished member of his own community,in ref to appointment as a Judge of SC.

This very much tells its own tale.So we have no choice but to believe all these gentlemen here who cite these cases.
Please bring back our faith.
This is a plea for all the ppl who hve been wronged.
Regards.

On 21 Jul 2014 08:15, "S L Chowdhary" <slchowdhary <at> gmail.com> wrote:
sir,

thanks for putting thoughts of many like me in words.

you are very true.

any injustice not only amounts to patronising criminals, it forces many victims of justice(or in justice) to go for crime to take justice in his hands. it becomes a vicious circle.

i am happy that there are people like you who also realise the truth.

with kind regards.

s l chowdhary


On Fri, Jul 18, 2014 at 9:17 PM, Ravindran P M <raviforjustice <at> gmail.com> wrote:
I have read all the comments and would like to add the following too: 

1. The courts are the biggest breeding grounds for criminals.

2. Even after preposterous delays the judgments are not fair in most cases.

3. A judge in our court can decide on which party to favour just by tossing 
a coin and then copying the relevant part of the arguments of the party in his order!

4. The courts have messed up our laws to such an extent that to clean it up will require herculean efforts.

5. Just read these citations: 

 In Ittavira Vs Varkey (A 1964 SC 907) the august (?) court has ruled that 'courts have jurisdiction to decide right or to decide wrong and even though they decide wrong, the decrees rendered by them cannot be treated as nullities'.

In Misrilal Vs Sadasiviah (A 1965 SC 553) the apex court has reportedly ruled that 'there can be no interference in revision merely because the decision is erroneous in law or in fact where there is no error pertaining to jurisdiction'.

6. In our courts there is no need for anybody to know any law. The important thing is to  develop the right equations with judges!

and so on....

For more details please read my blogs at http://raviforjustice.blogspot.com

regards n bw

ravi


On Fri, Jul 18, 2014 at 4:18 AM, Dipak Shah <indiaresists <at> lists.riseup.net> wrote:
A Fine Judge , Free , Frank and Fearless , Law abiding Judge I have come across in High Court of Gujarat.


On Thursday, 17 July 2014 5:27 PM, Dipak Shah <djshah1944-/E1597aS9LQ@public.gmane.orgm> wrote:


These cases dismissal were against provisions of law!!! Having taken oath before becoming Justice they take oath , to be frank and fearless , law abiding ,not prejudicial to any body , abiding to constitution etc. Where are they? In fact they do more business . In many cases almost, I had never been heard my argument or even Petition was not read out. See the contrary to petition wherein specifically stated the Hon. High Court Granted stay against the implementation of order. Even then Advocate argued wrongly , represented the case wrongly totally and Hon. Justice Mr J M Panchal was sitting in Hon. Supreme Court of India. By way of just ignoring and Petitioner or party should always file an appeal and spend time and money on Advocates if any employed. Without having any matter of Case of interpretation. 
              Let me give another case. Former Controller of Capital issue was totally corrupt.Taking money and granting hefty premium to public issue I filed a PIL. Second date came up after the date of Budget in 1992. It came up Before Hon. Justice G T Nanavati.( The then Become Hon. Justice of Supreme Court of India ). In budget it was provided that office of Controller of Capital issue was abolished !!!! Hon. Justice gave order saying " Since the office of Controller of Capital Issue is abolished Petition is dismissed" Where is justice!!!! See the document which I have now. I could not send other documents. They are ( Forgot in India) lying in CD placed in India. There are as many as 20 such cases. One among them is A Case of Dividend paid out of capital , illegal payment of dividend. Which can be observed from attached documents. On record it is proved the other way out. No thing done!!!! All Law Supervising Ministry of Corporate Affairs , Registrar of Companies , Official Liquidators are silent for last 19 years!!! See the attached documents. It is very hard to get through the documents , unless you have very knowledge of Accounts and Companies Act. All provisions of Law had been thrown a way in deciding the matter of merger!!!!!
Shah D J
USA


On Thursday, 17 July 2014 12:33 PM, Dipak Shah <indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org> wrote:


If any body goes to my cases at  High Court of Gujarat , one will wonder of Justice and also they were sit in Hon. Supreme Court of India!!!!
Shah D J


On Tuesday, 15 July 2014 9:27 PM, Prasad Vaidya <pbv1968-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:


The Judges are sitting as expert in every matter and in every subject. The Supreme Court it self is violating fundamental rights . The matters filed by party in person are heard lastly and matters are listed at the bottm. Right to file writ petition u/a 32 of constitution but party person is compelled to request to court to allow him to file writ petition This is deadly unconstitutional decision.
Supreme Court is protecting corrupt decision of imposing bar examination which is deadly unconstitutional but petition challanging bar exam is kept pending purposefully by Supreme Court and Supreme Court want to see Ad Gopal Surahmanyam as Judge of SCI the person who took unconstitutional decision and acted like dectator.
The High Court judges are not reading notes of arguments and hearing only 10 to 20 % arguments and pasing order in final hearing matter instead of passing judgment. The judges are not knowing that there is no limitation for filing writ petition.
How you can say SCI is crying



On Thu, Jun 26, 2014 at 8:45 PM, Dr. J. K. Chaudhry <jkchaudhry-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:
There are well known cases,where judgement wasNEVER delivered by Supreme Court.
Do you believe?
Devi Lal oath of office in union cabinet.
J.K.Chaudhry

Sent from my iPad

On Jun 25, 2014, at 9:02 AM, Gopalarao Rao <gvgrao33-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

It is said that justice delayed is justice denied. There is one case pending in the high court for the last 7 yrs and GOK when the judgement will be issued also whether it will be delivered during my life time ( I am now 81)
Some one from the high court may know my plight.

Sent from my iPad

On Jun 21, 2014, at 10:12 PM, Ravindran P M <raviforjustice-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

It is the courts and courts only which are responsible not only for the subversion of the justice delivery system but for the increasing lawlessness and crimes. Just ask how many times the apex court had entertained bail applications of Raja and Kanimozhi? And now they are shamelessly trying to pass on the buck to the Parliament. Why courts, even quasi judicial organisation have been following the bad example of courts and have been only draining the exchequer without delivering even 1 percent of what they are tasked to deliver. The district forum in Palakkad had been adjourning a consumer complaint of a complainant in the adjoining district involving a doctor for years on end. Almost after ten years I sought info on the status of the complaint. I got the info that it is pending. But at the next date for hearing it was dismissed! I complained to the minister for consumer affairs and the chief minister here. Nothing happened, except that in response to the complaint to the CM the President of the Forum said that the stipulation of three months for disposing a complaint is only a guideline and that was it! For details please read my blogs:

Obnoxious functioning of consumer fora/commissions- letter to minister (of 8/1/11) at 

Chief MInister's Contact Program-consumer fora at 


FRAUD IN GOVERNANCE AND REDRESSAL OF PUBLIC GRIEVANCES at

Eight years of right to information: Are those responsible for governance idiots or traitors? at

and more...

regards n bw

ravi


On Mon, Jun 16, 2014 at 9:41 AM, Forum for Fast Justice <fastjustice-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:


SUPREME COURT CRYING FOR JUSTICE

Appex Court appeals to the Parliament for legislating appropriate laws and to the Government for rationalising decision making process for stemming vicious and frivolous cases and appeals being filed. Read the last paras in the Surbroto Roy Sahara's recent Supreme Court Judgement.

(Bhagvanji Raiyani)
Chairman & Managing Trustee
Forum For Fast Justice


“REPORTABLE”
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 57 OF 2014

Subrata Roy Sahara …. Petitioner
versus
Union of India and others …. Respondents

J U D G M E N T
Jagdish Singh Khehar, J.


149. A lot of these hearings consumed this Court’s full working day. Hearing of the main case, consumed one full part, of the entire summer vacation (of the Supreme Court) of the year 2012. For the various orders passed by us, including the order dated 31.8.2012 (running into 269 printed pages) and the present order (running into 205 printed pages), substantial Judge hours were consumed. In this country, judicial orders are prepared, beyond Court hours, or on non-working days. It is apparent, that not a hundred, but hundreds of Judge hours, came to be spent in the instant single Sahara Group litigation, just at the hands of the Supreme Court. This abuse of the judicial process, needs to be remedied. We are, therefore of the considered view, that the legislature needs to give a thought, to a very serious malady, which has made strong inroads into the Indian judicial system.
150. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault? The suggestion to the legislature is, that a litigant who has succeeded, must be compensated by the one, who has lost. The suggestion to the legislature is to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a “Code of Compulsory Costs”.
151. We should not be taken to have suggested, that the cost of litigation should be enhanced. It is not our suggestion, that Court fee or other litigation related costs, should be raised. Access to justice and related costs, should be as free and as low, as possible. What is sought to be redressed is a habituation, to press illegitimate claims. This practice and pattern is so rampant, that in most cases, disputes which ought to have been settled in no time at all, before the first Court of incidence, are prolonged endlessly, for years and years, and from Court to Court, upto the highest Court.
152. This abuse of the judicial process is not limited to any particular class of litigants. The State and its agencies litigate endlessly upto the highest Court, just because of the lack of responsibility, to take decisions. So much so, that we have started to entertain the impression, that all administrative and executive decision making, are being left to Courts, just for that reason. In private litigation as well, the concerned litigant would continue to approach the higher Court, despite the fact that he had lost in every Court hitherto before. The effort is not to discourage a litigant, in whose perception, his cause is fair and legitimate. The effort is only to introduce consequences, if the litigant’s perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same. In the present setting of the adjudicatory process, a litigant, no matter how irresponsible he is, suffers no consequences. Every litigant, therefore likes to take a chance, even when counsel’s advice is otherwise.
153. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law. The present case, is a classic illustration of what we wish to express. Herein the regulating authority has had to suffer litigation from Court to Court, incurring public expense in its defence, against frivolous litigation. Every order was consistently and systematically disobeyed. Every order passed by the SEBI was assailed before the next higher authority, and then before this Court. Even though High Courts have no jurisdiction, in respect of issues regulated by the SEBI Act, some matters were taken to the High Court of Judicature at Allahabad (before its Lucknow Bench). Every such endeavour resulted in failure, and was also sometimes, accompanied with strictures. Even after the matter had concluded, after the controversy had attained finality, the judicial process is still being abused, for close to two years. A conscious effort on the part of the legislature in this behalf, would serve several purposes. It would, besides everything else, reduce frivolous litigation. When the litigating party understands, that it would have to compensate the party which succeeds, unnecessary litigation will be substantially reduced. At the end of the day, Court time lost is a direct loss to the nation. It is about time, that the legislature should evolve ways and means to curtail this unmindful activity. We are sure, that an eventual determination, one way or the other, would be in the best interest of this country, as also, its countrymen.
…………………………….J.
(K.S. Radhakrishnan)
…………………………….J.
(Jagdish Singh Khehar)
New Delhi;
May 6, 2014.


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Venkatraman Ns | 24 Jul 16:52 2014
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[IAC#RG] SOME INDIANS BEHAVE LIKE BEASTS

 
 

To                                                                                                                                 

India Against Corruption

 

                                                                                                                               SOME INDIANS BEHAVE LIKE BEASTS

 

It is extremely disgusting to read repeatedly the nauseating news that even girls as young as three years are being abused by men, sometimes as old as sixty years. It turns one’s stomach to hear news that  men  teachers molest the girl students even inside the school premises and fathers and brothers rape daughters and sisters. One wonders as to what is happening to the men folk in India, who are nothing but beasts.

Such condition is a direct reflection on the quality of governance that we have in India today and the type of people who sit as ministers , parliamentarians and legislators. What these beasts among men need are severe and life long punishment, which is the responsibility of the government to inflict on them.  But, some ministers laugh away at such incidents and condemn the media who expose these incidents and thus show that these politicians and ministers could themselves be the beasts, as they  treat these incidents light heartedly.

While  the politicians and the  ministers stand condemned , one person who comes to the mind of everyone immediately is the Prime Minister Mr. Narendra Modi.  What is he doing ? Why is he remaining silent ? Why is he not condemning these incidents in the strongest terms and ask the officials and  police to put down such incidents with all the force at their command. He is the Prime Minister and he has the duty and responsibility to protect the helpless girls and women.

By his silence , millions of people who voted for B JP government only based on expectations and faith  in Mr. Narendra Modi feel  helpless  and frustrated. One hopes Mr. Modi will wake up to his responsibility.

N.S.Venkataraman

Nandini Voice For The Deprived

Chennai

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Sarbajit Roy | 25 Jul 11:01 2014
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[IAC#RG] IMPORTANT: Why India Against Corruption shall soldier on

http://qz.com/235235/reliance-is-telling-cnn-ibn-journalists-how-to-cover-the-aam-admi-party/#/h/86342,2,86348,5/

It is indisputable that a gaggle of crony capitalists have openly purchased the PM's post for Mr. Modi and the Central Govt for the BJP in these last elections.

It also certain, to IAC, that Aam Aadmi Party (and a host of smaller purchasable NGOs) is a vital cog in their plan to act as a fake shadow opposition, which was so blatantly transparent that even the Supreme Court described their PILing as "stool pigeons" for Sahara and Reliance.

Already, the announcements of certain decisions - such as allowing FDI, shows that this country (and its assets) is going to be sold piece by piece to these CCs and their foreign partners.

So IAC shall continue to oppose (and expose) all the anti-national corrupt forces, whom we have long identified openly on IAC's websites.

To reiterate:-

IAC is exclusively dedicated to its ancient purpose of SWARAJ ie. expelling from Hindustan corrupting foreign colonial rulers, along with their agencies and Indian lackeys.
Foreign Rulers: Sonia "Gandhi" &Co.
Foreign Fixers: UIDAI, MNREGA, AID, Ford Foundation, George Soros
Indian Lackeys: Anna Hazare &Co, Narendra Modi &Co, Arvind Kejriwal &Co

Watch this space - and watch the price of tomatoes.

Sarbajit
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Ravindran P M | 24 Jul 11:43 2014
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Re: [IAC#RG] [Bulk] Re: SUPREME COURT CRYING FOR JUSTICE

I have no words to condemn our judiciary adequately. Any how the least I can do is to not use prefixes like Hon'ble etc before the name or designation of any public servant, including the President of India. In fact I am countering, at my level and to the best of my ability, the wrong teaching that the President is the first citizen of the country. Isn't he the 1st public servant of the country? Also, between the Prez and a beggar on the street if anybody has to address anybody as Sir it is the Prez who should address the beggar as Sir. It is difficult to motivate people to change and that is the biggest challenge before us. In fact I get shocked when even much old activists, senior citizens continue to address even the District Collector as Sir. There is a saying in Malayalam that if those who should be occupying certain places/positions do not occupy them, dogs will occupy them! If the highest office in a democracy is that of the citizen it is time that citizens started behaving like the sovereign entities they are!

regards n bw
ravi


On Wed, Jul 23, 2014 at 9:23 PM, Dipak Shah <djshah1944-/E1597aS9LQAvxtiuMwx3w@public.gmane.org> wrote:
The same thing has happened in my one case. No body take up my case. As it the Misc Application Advocates (Two ) and One anohter Advocate turned up Justice of Hon. High Court !!! Many of the documents as stated in order are not found on record !!! For 2 years and more , when I applied for certified copies of some of the documents, File was not traceable!! 
What a wonderful play thew all together played can be seen / interpreted!!! Only Appeals and Appeal.
Now that file on which I have filed MIsc Application is kept a secret document from Me!!! I can not see the same. The same is pending , since As per Law of Hon. High Court of Gujarat Rules I being a party in person can not appear , I prayed for Sne Die to I place the Application or employ Advocate
W#hat can we expect from such environment?
Also total Fraud in accounts and of law allowed in this case By Hon. High Court of Gujarat and Advocates indulged in bad way of process also !!! Originally I was objector in Company Petition and I was not given any opportunity of being heard and silently passed the merger order . Not only this Official Liquidator passed the comments of Fraud but ignored report of fraud totally  . In recent case of merger of Sessa Goa and Sterlite Industries Limited Ministry of Corporate Affairss filed an appeal.  But In Company Petition No 17 of 1996 , in the order written that aggrieved party may file an appeal in this case but no appeal was filed!! This fraud came up to me recently when I saw the some of the Documents available on record file. As I lastly seen the original records of Company Petition 17 of 1996   till October 2013 many of the pages as serially numbered and referred in Order are not on the record file!! Like   Four Objectors objection , Pursis of the Objectors withdrawing their objections like not on record!!! See and enjoy!!!!!!
Shah D J
C C to
1.Chief Justice Hon. Supreme Court of India and all other Justices of Hon. Supreme Court of India
New Delhi                     For action , if any can be taken,
2.Hon. Chief Justice High Court of Gujarat and all other Hon. Justices of Hon. High Court of Gujarat
Ahmedabad


On Saturday, 19 July 2014 11:13 AM, Alok Tholiya <indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org> wrote:


(Complaint to Bar Council? Hahahaaaa!)

Complaint to Bar Council? Hahahaaaa!

Remember: Many litigants seeking remedies in court for HEADACHES, develop HEART ACHES after going to court, thanks to their lawyers.
Many lawyers take on scores (or even hundreds) of cases, charge a chunk of money upfront, take the original documents, put the matter in court... and then completely lose interest.
Then they start taking tareekh pe tareekh to suit their own busy timetable, or alternatively, fail to turn up in court.
Some enter into needless or wrong procedures, and misinform the client about the case status.
And some turn up in court and accept consent terms that are completely not in favour of the client. Or they keep quiet at critical junctures and lose the case.
Many small and cheap lawyers behave like this. But reputed lawyers and senior counsels are also no exception; in fact, they are well-known for this.
Many reputed lawyers speak rudely to the clients from the very start of their relationship! Nevertheless, they have a steady flow of business, because people are in awe of them.
If the client gets angry, many lawyers stop responding to calls and messages.
Worse still, if the client wants to withdraw the vakalatnama from his lawyer, the lawyer may misplace or fail to return original documents, and make the client's life an absolute hell.
Clients have no effective legal remedy against wayward lawyers, because other lawyers will not accept a case against him. (Complaint to Bar Council? Hahahaaaa!)
If this is not an unscrupulous trade union, I don't know what is.

Thanks and Regards,
Alok Tholiya
(Real Estate, Insurance, Mutual Funds, Bonds,
Tholiya Marketing and Leasing Pvt. Ltd.
Marigold Party Hall,
Tholiya Bhavan,Next to Regency Hotel,
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Mumbai 400055
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On Fri, Jul 18, 2014 at 9:29 PM, Dipak Shah <indiaresists <at> lists.riseup.net> wrote:
Hats off to you Sir for correct presentation and interpretation of practices . Are there no body to look in to the matter over such judgments, only appeals and appeal till he / she die ? It is always for injustice to fight and fight always!!!
Who pays , bears the burden , who is in profit Advocates and other side!!!? What is the value of taking oath.?
Judgments are pronounced in the name of Chief Justice and all. Do they not see or look after such practices in Hon. Courts?
Regards,
Shah D J
USA


On Friday, 18 July 2014 10:47 AM, Ravindran P M <raviforjustice-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:


I have read all the comments and would like to add the following too: 

1. The courts are the biggest breeding grounds for criminals.

2. Even after preposterous delays the judgments are not fair in most cases.

3. A judge in our court can decide on which party to favour just by tossing 
a coin and then copying the relevant part of the arguments of the party in his order!

4. The courts have messed up our laws to such an extent that to clean it up will require herculean efforts.

5. Just read these citations: 

 In Ittavira Vs Varkey (A 1964 SC 907) the august (?) court has ruled that 'courts have jurisdiction to decide right or to decide wrong and even though they decide wrong, the decrees rendered by them cannot be treated as nullities'.

In Misrilal Vs Sadasiviah (A 1965 SC 553) the apex court has reportedly ruled that 'there can be no interference in revision merely because the decision is erroneous in law or in fact where there is no error pertaining to jurisdiction'.

6. In our courts there is no need for anybody to know any law. The important thing is to  develop the right equations with judges!

and so on....

For more details please read my blogs at http://raviforjustice.blogspot.com

regards n bw

ravi


On Fri, Jul 18, 2014 at 4:18 AM, Dipak Shah <indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org> wrote:
A Fine Judge , Free , Frank and Fearless , Law abiding Judge I have come across in High Court of Gujarat.


On Thursday, 17 July 2014 5:27 PM, Dipak Shah <djshah1944-/E1597aS9LQAvxtiuMwx3w@public.gmane.org> wrote:


These cases dismissal were against provisions of law!!! Having taken oath before becoming Justice they take oath , to be frank and fearless , law abiding ,not prejudicial to any body , abiding to constitution etc. Where are they? In fact they do more business . In many cases almost, I had never been heard my argument or even Petition was not read out. See the contrary to petition wherein specifically stated the Hon. High Court Granted stay against the implementation of order. Even then Advocate argued wrongly , represented the case wrongly totally and Hon. Justice Mr J M Panchal was sitting in Hon. Supreme Court of India. By way of just ignoring and Petitioner or party should always file an appeal and spend time and money on Advocates if any employed. Without having any matter of Case of interpretation. 
              Let me give another case. Former Controller of Capital issue was totally corrupt.Taking money and granting hefty premium to public issue I filed a PIL. Second date came up after the date of Budget in 1992. It came up Before Hon. Justice G T Nanavati.( The then Become Hon. Justice of Supreme Court of India ). In budget it was provided that office of Controller of Capital issue was abolished !!!! Hon. Justice gave order saying " Since the office of Controller of Capital Issue is abolished Petition is dismissed" Where is justice!!!! See the document which I have now. I could not send other documents. They are ( Forgot in India) lying in CD placed in India. There are as many as 20 such cases. One among them is A Case of Dividend paid out of capital , illegal payment of dividend. Which can be observed from attached documents. On record it is proved the other way out. No thing done!!!! All Law Supervising Ministry of Corporate Affairs , Registrar of Companies , Official Liquidators are silent for last 19 years!!! See the attached documents. It is very hard to get through the documents , unless you have very knowledge of Accounts and Companies Act. All provisions of Law had been thrown a way in deciding the matter of merger!!!!!
Shah D J
USA


On Thursday, 17 July 2014 12:33 PM, Dipak Shah <indiaresists-3hfIC0tI0F/SE64LkKe66A@public.gmane.orgp.net> wrote:


If any body goes to my cases at  High Court of Gujarat , one will wonder of Justice and also they were sit in Hon. Supreme Court of India!!!!
Shah D J


On Tuesday, 15 July 2014 9:27 PM, Prasad Vaidya <pbv1968-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:


The Judges are sitting as expert in every matter and in every subject. The Supreme Court it self is violating fundamental rights . The matters filed by party in person are heard lastly and matters are listed at the bottm. Right to file writ petition u/a 32 of constitution but party person is compelled to request to court to allow him to file writ petition This is deadly unconstitutional decision.
Supreme Court is protecting corrupt decision of imposing bar examination which is deadly unconstitutional but petition challanging bar exam is kept pending purposefully by Supreme Court and Supreme Court want to see Ad Gopal Surahmanyam as Judge of SCI the person who took unconstitutional decision and acted like dectator.
The High Court judges are not reading notes of arguments and hearing only 10 to 20 % arguments and pasing order in final hearing matter instead of passing judgment. The judges are not knowing that there is no limitation for filing writ petition.
How you can say SCI is crying



On Thu, Jun 26, 2014 at 8:45 PM, Dr. J. K. Chaudhry <jkchaudhry-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:
There are well known cases,where judgement wasNEVER delivered by Supreme Court.
Do you believe?
Devi Lal oath of office in union cabinet.
J.K.Chaudhry

Sent from my iPad

On Jun 25, 2014, at 9:02 AM, Gopalarao Rao <gvgrao33-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

It is said that justice delayed is justice denied. There is one case pending in the high court for the last 7 yrs and GOK when the judgement will be issued also whether it will be delivered during my life time ( I am now 81)
Some one from the high court may know my plight.

Sent from my iPad

On Jun 21, 2014, at 10:12 PM, Ravindran P M <raviforjustice-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

It is the courts and courts only which are responsible not only for the subversion of the justice delivery system but for the increasing lawlessness and crimes. Just ask how many times the apex court had entertained bail applications of Raja and Kanimozhi? And now they are shamelessly trying to pass on the buck to the Parliament. Why courts, even quasi judicial organisation have been following the bad example of courts and have been only draining the exchequer without delivering even 1 percent of what they are tasked to deliver. The district forum in Palakkad had been adjourning a consumer complaint of a complainant in the adjoining district involving a doctor for years on end. Almost after ten years I sought info on the status of the complaint. I got the info that it is pending. But at the next date for hearing it was dismissed! I complained to the minister for consumer affairs and the chief minister here. Nothing happened, except that in response to the complaint to the CM the President of the Forum said that the stipulation of three months for disposing a complaint is only a guideline and that was it! For details please read my blogs:

Obnoxious functioning of consumer fora/commissions- letter to minister (of 8/1/11) at 

Chief MInister's Contact Program-consumer fora at 


FRAUD IN GOVERNANCE AND REDRESSAL OF PUBLIC GRIEVANCES at

Eight years of right to information: Are those responsible for governance idiots or traitors? at

and more...

regards n bw

ravi


On Mon, Jun 16, 2014 at 9:41 AM, Forum for Fast Justice <fastjustice-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:


SUPREME COURT CRYING FOR JUSTICE

Appex Court appeals to the Parliament for legislating appropriate laws and to the Government for rationalising decision making process for stemming vicious and frivolous cases and appeals being filed. Read the last paras in the Surbroto Roy Sahara's recent Supreme Court Judgement.

(Bhagvanji Raiyani)
Chairman & Managing Trustee
Forum For Fast Justice


“REPORTABLE”
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 57 OF 2014

Subrata Roy Sahara …. Petitioner
versus
Union of India and others …. Respondents

J U D G M E N T
Jagdish Singh Khehar, J.


149. A lot of these hearings consumed this Court’s full working day. Hearing of the main case, consumed one full part, of the entire summer vacation (of the Supreme Court) of the year 2012. For the various orders passed by us, including the order dated 31.8.2012 (running into 269 printed pages) and the present order (running into 205 printed pages), substantial Judge hours were consumed. In this country, judicial orders are prepared, beyond Court hours, or on non-working days. It is apparent, that not a hundred, but hundreds of Judge hours, came to be spent in the instant single Sahara Group litigation, just at the hands of the Supreme Court. This abuse of the judicial process, needs to be remedied. We are, therefore of the considered view, that the legislature needs to give a thought, to a very serious malady, which has made strong inroads into the Indian judicial system.
150. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault? The suggestion to the legislature is, that a litigant who has succeeded, must be compensated by the one, who has lost. The suggestion to the legislature is to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a “Code of Compulsory Costs”.
151. We should not be taken to have suggested, that the cost of litigation should be enhanced. It is not our suggestion, that Court fee or other litigation related costs, should be raised. Access to justice and related costs, should be as free and as low, as possible. What is sought to be redressed is a habituation, to press illegitimate claims. This practice and pattern is so rampant, that in most cases, disputes which ought to have been settled in no time at all, before the first Court of incidence, are prolonged endlessly, for years and years, and from Court to Court, upto the highest Court.
152. This abuse of the judicial process is not limited to any particular class of litigants. The State and its agencies litigate endlessly upto the highest Court, just because of the lack of responsibility, to take decisions. So much so, that we have started to entertain the impression, that all administrative and executive decision making, are being left to Courts, just for that reason. In private litigation as well, the concerned litigant would continue to approach the higher Court, despite the fact that he had lost in every Court hitherto before. The effort is not to discourage a litigant, in whose perception, his cause is fair and legitimate. The effort is only to introduce consequences, if the litigant’s perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same. In the present setting of the adjudicatory process, a litigant, no matter how irresponsible he is, suffers no consequences. Every litigant, therefore likes to take a chance, even when counsel’s advice is otherwise.
153. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law. The present case, is a classic illustration of what we wish to express. Herein the regulating authority has had to suffer litigation from Court to Court, incurring public expense in its defence, against frivolous litigation. Every order was consistently and systematically disobeyed. Every order passed by the SEBI was assailed before the next higher authority, and then before this Court. Even though High Courts have no jurisdiction, in respect of issues regulated by the SEBI Act, some matters were taken to the High Court of Judicature at Allahabad (before its Lucknow Bench). Every such endeavour resulted in failure, and was also sometimes, accompanied with strictures. Even after the matter had concluded, after the controversy had attained finality, the judicial process is still being abused, for close to two years. A conscious effort on the part of the legislature in this behalf, would serve several purposes. It would, besides everything else, reduce frivolous litigation. When the litigating party understands, that it would have to compensate the party which succeeds, unnecessary litigation will be substantially reduced. At the end of the day, Court time lost is a direct loss to the nation. It is about time, that the legislature should evolve ways and means to curtail this unmindful activity. We are sure, that an eventual determination, one way or the other, would be in the best interest of this country, as also, its countrymen.
…………………………….J.
(K.S. Radhakrishnan)
…………………………….J.
(Jagdish Singh Khehar)
New Delhi;
May 6, 2014.


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You may also like to visit:
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Ratanlal Purohit | 23 Jul 04:29 2014
Picon

Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE

There has to be accountability for all.
A citizen's charter is a Must
Everything should be transparent as per RTI guide lines.
Justice should be seen to be Carried and even the system to appoint them.
Long overdue reforms.

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Sarbajit Roy | 24 Jul 06:49 2014
Picon

Re: [IAC#RG] Funny Email : Hangout with Paranjoy & Prashant July 19, Sat 10.0 pm IST

1) AAP says that Prashanth Bhushan is a senior LAWYER of Supreme Court.

2) I've downloaded the latest version of Designated Senior ADVOCATES
of SC from SC website (till 2013). I cannot see name of either
Prashanth Bhushan or Shanti Bhushanji in it.

http://supremecourtofindia.nic.in/outtoday/sradv21012013.pdf
http://supremecourtofindia.nic.in/outtoday/list%20a-ac13022014.pdf

3) I am not an expert, but possibly they are "VERY senior advocates"
[http://en.wikipedia.org/wiki/Shanti_Bhushan]
who can self-designate themselves. Or maybe they are designated
seniors of some High Court who enjoy reciprocal facilities under Bar
Councils Act. Or maybe Advocates Act does not distinguish seniors of
Supreme Court from those of any High Court or seniors on rolls of a
Bar Council.

This needs some good explanation from Aam Aadmi Party "seniors" to
allay your doubts.

Sarbajit

On 7/23/14, Shail Bansal <shailbansalb@...> wrote:
> Dear Mr Sureshan
>
> Can you clarify if Mr. Prashanth Bhushan is a designate Senior
> Advocate of Supreme Court of India as stated in Aam Aadmi Party latest
> email to me, and when he was appointed as Senior Advocate ?
>
> ---------- Forwarded message ----------
> From: Aam Aadmi Party <admin@...>
> Date: Fri, 18 Jul 2014 17:46:37 +0000
> Subject: Hangout with Paranjoy & Prashant July 19, Sat 10.0 pm IST
> To: shailbansalb@...
>
> Hangout With Prashant Bhushan and Paranjoy Guha Thakurta
>
> Title: "Gas Pricing, Penalties and more..."
>
> Guests:
>  Prashanth Bhushan - Senior Lawyer (Supreme Court), AAP National
> Executive Member
>  Paranjoy Guha - Author of the book "Gas Wars: Crony capitalism and the
> Ambanis"
>
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Shail Bansal | 23 Jul 18:48 2014
Picon

[IAC#RG] Funny Email : Hangout with Paranjoy & Prashant July 19, Sat 10.0 pm IST

Dear Mr Sureshan

Can you clarify if Mr. Prashanth Bhushan is a designate Senior
Advocate of Supreme Court of India as stated in Aam Aadmi Party latest
email to me, and when he was appointed as Senior Advocate ?

---------- Forwarded message ----------
From: Aam Aadmi Party <admin@...>
Date: Fri, 18 Jul 2014 17:46:37 +0000
Subject: Hangout with Paranjoy & Prashant July 19, Sat 10.0 pm IST
To: shailbansalb@...

Hangout With Prashant Bhushan and Paranjoy Guha Thakurta

Title: "Gas Pricing, Penalties and more..."

Guests:
 Prashanth Bhushan - Senior Lawyer (Supreme Court), AAP National
Executive Member
 Paranjoy Guha - Author of the book "Gas Wars: Crony capitalism and the Ambanis"

 Date: 19th July, Saturday.
 Time: 10:00 PM IST.

 Watch Live at:
http://track.aamaadmiparty.org/?xt=AJDtXFZzAJx2XFQ3qyf2nk1apTDiAu8hnJxtKJMgmI4hmSRgL291pM%3D%3Dz&xi=shailbansalb-Re5JQEeQqe8AvxtiuMwx3w <at> public.gmane.org

 During the live hangout - you can post your questions in the comment
section of the youtube live link. They will be answered during the
show.

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R. Dua | 21 Jul 18:28 2014
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Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE


We as laymen have recently witnessed a most inappropriate manner of Hon Justice not standing up for a most distinguished member of his own community,in ref to appointment as a Judge of SC.

This very much tells its own tale.So we have no choice but to believe all these gentlemen here who cite these cases.
Please bring back our faith.
This is a plea for all the ppl who hve been wronged.
Regards.

On 21 Jul 2014 08:15, "S L Chowdhary" <slchowdhary <at> gmail.com> wrote:
sir,

thanks for putting thoughts of many like me in words.

you are very true.

any injustice not only amounts to patronising criminals, it forces many victims of justice(or in justice) to go for crime to take justice in his hands. it becomes a vicious circle.

i am happy that there are people like you who also realise the truth.

with kind regards.

s l chowdhary


On Fri, Jul 18, 2014 at 9:17 PM, Ravindran P M <raviforjustice <at> gmail.com> wrote:
I have read all the comments and would like to add the following too: 

1. The courts are the biggest breeding grounds for criminals.

2. Even after preposterous delays the judgments are not fair in most cases.

3. A judge in our court can decide on which party to favour just by tossing 
a coin and then copying the relevant part of the arguments of the party in his order!

4. The courts have messed up our laws to such an extent that to clean it up will require herculean efforts.

5. Just read these citations: 

 In Ittavira Vs Varkey (A 1964 SC 907) the august (?) court has ruled that 'courts have jurisdiction to decide right or to decide wrong and even though they decide wrong, the decrees rendered by them cannot be treated as nullities'.

In Misrilal Vs Sadasiviah (A 1965 SC 553) the apex court has reportedly ruled that 'there can be no interference in revision merely because the decision is erroneous in law or in fact where there is no error pertaining to jurisdiction'.

6. In our courts there is no need for anybody to know any law. The important thing is to  develop the right equations with judges!

and so on....

For more details please read my blogs at http://raviforjustice.blogspot.com

regards n bw

ravi


On Fri, Jul 18, 2014 at 4:18 AM, Dipak Shah <indiaresists-3hfIC0tI0F8@public.gmane.orgseup.net> wrote:
A Fine Judge , Free , Frank and Fearless , Law abiding Judge I have come across in High Court of Gujarat.


On Thursday, 17 July 2014 5:27 PM, Dipak Shah <djshah1944-/E1597aS9LQ@public.gmane.orgm> wrote:


These cases dismissal were against provisions of law!!! Having taken oath before becoming Justice they take oath , to be frank and fearless , law abiding ,not prejudicial to any body , abiding to constitution etc. Where are they? In fact they do more business . In many cases almost, I had never been heard my argument or even Petition was not read out. See the contrary to petition wherein specifically stated the Hon. High Court Granted stay against the implementation of order. Even then Advocate argued wrongly , represented the case wrongly totally and Hon. Justice Mr J M Panchal was sitting in Hon. Supreme Court of India. By way of just ignoring and Petitioner or party should always file an appeal and spend time and money on Advocates if any employed. Without having any matter of Case of interpretation. 
              Let me give another case. Former Controller of Capital issue was totally corrupt.Taking money and granting hefty premium to public issue I filed a PIL. Second date came up after the date of Budget in 1992. It came up Before Hon. Justice G T Nanavati.( The then Become Hon. Justice of Supreme Court of India ). In budget it was provided that office of Controller of Capital issue was abolished !!!! Hon. Justice gave order saying " Since the office of Controller of Capital Issue is abolished Petition is dismissed" Where is justice!!!! See the document which I have now. I could not send other documents. They are ( Forgot in India) lying in CD placed in India. There are as many as 20 such cases. One among them is A Case of Dividend paid out of capital , illegal payment of dividend. Which can be observed from attached documents. On record it is proved the other way out. No thing done!!!! All Law Supervising Ministry of Corporate Affairs , Registrar of Companies , Official Liquidators are silent for last 19 years!!! See the attached documents. It is very hard to get through the documents , unless you have very knowledge of Accounts and Companies Act. All provisions of Law had been thrown a way in deciding the matter of merger!!!!!
Shah D J
USA


On Thursday, 17 July 2014 12:33 PM, Dipak Shah <indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org> wrote:


If any body goes to my cases at  High Court of Gujarat , one will wonder of Justice and also they were sit in Hon. Supreme Court of India!!!!
Shah D J


On Tuesday, 15 July 2014 9:27 PM, Prasad Vaidya <pbv1968-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:


The Judges are sitting as expert in every matter and in every subject. The Supreme Court it self is violating fundamental rights . The matters filed by party in person are heard lastly and matters are listed at the bottm. Right to file writ petition u/a 32 of constitution but party person is compelled to request to court to allow him to file writ petition This is deadly unconstitutional decision.
Supreme Court is protecting corrupt decision of imposing bar examination which is deadly unconstitutional but petition challanging bar exam is kept pending purposefully by Supreme Court and Supreme Court want to see Ad Gopal Surahmanyam as Judge of SCI the person who took unconstitutional decision and acted like dectator.
The High Court judges are not reading notes of arguments and hearing only 10 to 20 % arguments and pasing order in final hearing matter instead of passing judgment. The judges are not knowing that there is no limitation for filing writ petition.
How you can say SCI is crying



On Thu, Jun 26, 2014 at 8:45 PM, Dr. J. K. Chaudhry <jkchaudhry-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:
There are well known cases,where judgement wasNEVER delivered by Supreme Court.
Do you believe?
Devi Lal oath of office in union cabinet.
J.K.Chaudhry

Sent from my iPad

On Jun 25, 2014, at 9:02 AM, Gopalarao Rao <gvgrao33-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

It is said that justice delayed is justice denied. There is one case pending in the high court for the last 7 yrs and GOK when the judgement will be issued also whether it will be delivered during my life time ( I am now 81)
Some one from the high court may know my plight.

Sent from my iPad

On Jun 21, 2014, at 10:12 PM, Ravindran P M <raviforjustice-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

It is the courts and courts only which are responsible not only for the subversion of the justice delivery system but for the increasing lawlessness and crimes. Just ask how many times the apex court had entertained bail applications of Raja and Kanimozhi? And now they are shamelessly trying to pass on the buck to the Parliament. Why courts, even quasi judicial organisation have been following the bad example of courts and have been only draining the exchequer without delivering even 1 percent of what they are tasked to deliver. The district forum in Palakkad had been adjourning a consumer complaint of a complainant in the adjoining district involving a doctor for years on end. Almost after ten years I sought info on the status of the complaint. I got the info that it is pending. But at the next date for hearing it was dismissed! I complained to the minister for consumer affairs and the chief minister here. Nothing happened, except that in response to the complaint to the CM the President of the Forum said that the stipulation of three months for disposing a complaint is only a guideline and that was it! For details please read my blogs:

Obnoxious functioning of consumer fora/commissions- letter to minister (of 8/1/11) at 

Chief MInister's Contact Program-consumer fora at 


FRAUD IN GOVERNANCE AND REDRESSAL OF PUBLIC GRIEVANCES at

Eight years of right to information: Are those responsible for governance idiots or traitors? at

and more...

regards n bw

ravi


On Mon, Jun 16, 2014 at 9:41 AM, Forum for Fast Justice <fastjustice-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:


SUPREME COURT CRYING FOR JUSTICE

Appex Court appeals to the Parliament for legislating appropriate laws and to the Government for rationalising decision making process for stemming vicious and frivolous cases and appeals being filed. Read the last paras in the Surbroto Roy Sahara's recent Supreme Court Judgement.

(Bhagvanji Raiyani)
Chairman & Managing Trustee
Forum For Fast Justice


“REPORTABLE”
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 57 OF 2014

Subrata Roy Sahara …. Petitioner
versus
Union of India and others …. Respondents

J U D G M E N T
Jagdish Singh Khehar, J.


149. A lot of these hearings consumed this Court’s full working day. Hearing of the main case, consumed one full part, of the entire summer vacation (of the Supreme Court) of the year 2012. For the various orders passed by us, including the order dated 31.8.2012 (running into 269 printed pages) and the present order (running into 205 printed pages), substantial Judge hours were consumed. In this country, judicial orders are prepared, beyond Court hours, or on non-working days. It is apparent, that not a hundred, but hundreds of Judge hours, came to be spent in the instant single Sahara Group litigation, just at the hands of the Supreme Court. This abuse of the judicial process, needs to be remedied. We are, therefore of the considered view, that the legislature needs to give a thought, to a very serious malady, which has made strong inroads into the Indian judicial system.
150. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault? The suggestion to the legislature is, that a litigant who has succeeded, must be compensated by the one, who has lost. The suggestion to the legislature is to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a “Code of Compulsory Costs”.
151. We should not be taken to have suggested, that the cost of litigation should be enhanced. It is not our suggestion, that Court fee or other litigation related costs, should be raised. Access to justice and related costs, should be as free and as low, as possible. What is sought to be redressed is a habituation, to press illegitimate claims. This practice and pattern is so rampant, that in most cases, disputes which ought to have been settled in no time at all, before the first Court of incidence, are prolonged endlessly, for years and years, and from Court to Court, upto the highest Court.
152. This abuse of the judicial process is not limited to any particular class of litigants. The State and its agencies litigate endlessly upto the highest Court, just because of the lack of responsibility, to take decisions. So much so, that we have started to entertain the impression, that all administrative and executive decision making, are being left to Courts, just for that reason. In private litigation as well, the concerned litigant would continue to approach the higher Court, despite the fact that he had lost in every Court hitherto before. The effort is not to discourage a litigant, in whose perception, his cause is fair and legitimate. The effort is only to introduce consequences, if the litigant’s perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same. In the present setting of the adjudicatory process, a litigant, no matter how irresponsible he is, suffers no consequences. Every litigant, therefore likes to take a chance, even when counsel’s advice is otherwise.
153. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law. The present case, is a classic illustration of what we wish to express. Herein the regulating authority has had to suffer litigation from Court to Court, incurring public expense in its defence, against frivolous litigation. Every order was consistently and systematically disobeyed. Every order passed by the SEBI was assailed before the next higher authority, and then before this Court. Even though High Courts have no jurisdiction, in respect of issues regulated by the SEBI Act, some matters were taken to the High Court of Judicature at Allahabad (before its Lucknow Bench). Every such endeavour resulted in failure, and was also sometimes, accompanied with strictures. Even after the matter had concluded, after the controversy had attained finality, the judicial process is still being abused, for close to two years. A conscious effort on the part of the legislature in this behalf, would serve several purposes. It would, besides everything else, reduce frivolous litigation. When the litigating party understands, that it would have to compensate the party which succeeds, unnecessary litigation will be substantially reduced. At the end of the day, Court time lost is a direct loss to the nation. It is about time, that the legislature should evolve ways and means to curtail this unmindful activity. We are sure, that an eventual determination, one way or the other, would be in the best interest of this country, as also, its countrymen.
…………………………….J.
(K.S. Radhakrishnan)
…………………………….J.
(Jagdish Singh Khehar)
New Delhi;
May 6, 2014.


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--
Veteran Major P M Ravindran
 
You may also like to visit:
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‘Judiciary Watch’ at www.vigilonline.com 

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Dipak Shah | 18 Jul 00:48 2014
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Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE

A Fine Judge , Free , Frank and Fearless , Law abiding Judge I have come across in High Court of Gujarat.


On Thursday, 17 July 2014 5:27 PM, Dipak Shah <djshah1944-/E1597aS9LQAvxtiuMwx3w@public.gmane.org> wrote:


These cases dismissal were against provisions of law!!! Having taken oath before becoming Justice they take oath , to be frank and fearless , law abiding ,not prejudicial to any body , abiding to constitution etc. Where are they? In fact they do more business . In many cases almost, I had never been heard my argument or even Petition was not read out. See the contrary to petition wherein specifically stated the Hon. High Court Granted stay against the implementation of order. Even then Advocate argued wrongly , represented the case wrongly totally and Hon. Justice Mr J M Panchal was sitting in Hon. Supreme Court of India. By way of just ignoring and Petitioner or party should always file an appeal and spend time and money on Advocates if any employed. Without having any matter of Case of interpretation. 
              Let me give another case. Former Controller of Capital issue was totally corrupt.Taking money and granting hefty premium to public issue I filed a PIL. Second date came up after the date of Budget in 1992. It came up Before Hon. Justice G T Nanavati.( The then Become Hon. Justice of Supreme Court of India ). In budget it was provided that office of Controller of Capital issue was abolished !!!! Hon. Justice gave order saying " Since the office of Controller of Capital Issue is abolished Petition is dismissed" Where is justice!!!! See the document which I have now. I could not send other documents. They are ( Forgot in India) lying in CD placed in India. There are as many as 20 such cases. One among them is A Case of Dividend paid out of capital , illegal payment of dividend. Which can be observed from attached documents. On record it is proved the other way out. No thing done!!!! All Law Supervising Ministry of Corporate Affairs , Registrar of Companies , Official Liquidators are silent for last 19 years!!! See the attached documents. It is very hard to get through the documents , unless you have very knowledge of Accounts and Companies Act. All provisions of Law had been thrown a way in deciding the matter of merger!!!!!
Shah D J
USA


On Thursday, 17 July 2014 12:33 PM, Dipak Shah <indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org> wrote:


If any body goes to my cases at  High Court of Gujarat , one will wonder of Justice and also they were sit in Hon. Supreme Court of India!!!!
Shah D J


On Tuesday, 15 July 2014 9:27 PM, Prasad Vaidya <pbv1968-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:


The Judges are sitting as expert in every matter and in every subject. The Supreme Court it self is violating fundamental rights . The matters filed by party in person are heard lastly and matters are listed at the bottm. Right to file writ petition u/a 32 of constitution but party person is compelled to request to court to allow him to file writ petition This is deadly unconstitutional decision.
Supreme Court is protecting corrupt decision of imposing bar examination which is deadly unconstitutional but petition challanging bar exam is kept pending purposefully by Supreme Court and Supreme Court want to see Ad Gopal Surahmanyam as Judge of SCI the person who took unconstitutional decision and acted like dectator.
The High Court judges are not reading notes of arguments and hearing only 10 to 20 % arguments and pasing order in final hearing matter instead of passing judgment. The judges are not knowing that there is no limitation for filing writ petition.
How you can say SCI is crying



On Thu, Jun 26, 2014 at 8:45 PM, Dr. J. K. Chaudhry <jkchaudhry <at> gmail.com> wrote:
There are well known cases,where judgement wasNEVER delivered by Supreme Court.
Do you believe?
Devi Lal oath of office in union cabinet.
J.K.Chaudhry

Sent from my iPad

On Jun 25, 2014, at 9:02 AM, Gopalarao Rao <gvgrao33-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

It is said that justice delayed is justice denied. There is one case pending in the high court for the last 7 yrs and GOK when the judgement will be issued also whether it will be delivered during my life time ( I am now 81)
Some one from the high court may know my plight.

Sent from my iPad

On Jun 21, 2014, at 10:12 PM, Ravindran P M <raviforjustice-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

It is the courts and courts only which are responsible not only for the subversion of the justice delivery system but for the increasing lawlessness and crimes. Just ask how many times the apex court had entertained bail applications of Raja and Kanimozhi? And now they are shamelessly trying to pass on the buck to the Parliament. Why courts, even quasi judicial organisation have been following the bad example of courts and have been only draining the exchequer without delivering even 1 percent of what they are tasked to deliver. The district forum in Palakkad had been adjourning a consumer complaint of a complainant in the adjoining district involving a doctor for years on end. Almost after ten years I sought info on the status of the complaint. I got the info that it is pending. But at the next date for hearing it was dismissed! I complained to the minister for consumer affairs and the chief minister here. Nothing happened, except that in response to the complaint to the CM the President of the Forum said that the stipulation of three months for disposing a complaint is only a guideline and that was it! For details please read my blogs:

Obnoxious functioning of consumer fora/commissions- letter to minister (of 8/1/11) at 

Chief MInister's Contact Program-consumer fora at 


FRAUD IN GOVERNANCE AND REDRESSAL OF PUBLIC GRIEVANCES at

Eight years of right to information: Are those responsible for governance idiots or traitors? at

and more...

regards n bw

ravi


On Mon, Jun 16, 2014 at 9:41 AM, Forum for Fast Justice <fastjustice <at> gmail.com> wrote:


SUPREME COURT CRYING FOR JUSTICE

Appex Court appeals to the Parliament for legislating appropriate laws and to the Government for rationalising decision making process for stemming vicious and frivolous cases and appeals being filed. Read the last paras in the Surbroto Roy Sahara's recent Supreme Court Judgement.

(Bhagvanji Raiyani)
Chairman & Managing Trustee
Forum For Fast Justice


“REPORTABLE”
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 57 OF 2014

Subrata Roy Sahara …. Petitioner
versus
Union of India and others …. Respondents

J U D G M E N T
Jagdish Singh Khehar, J.


149. A lot of these hearings consumed this Court’s full working day. Hearing of the main case, consumed one full part, of the entire summer vacation (of the Supreme Court) of the year 2012. For the various orders passed by us, including the order dated 31.8.2012 (running into 269 printed pages) and the present order (running into 205 printed pages), substantial Judge hours were consumed. In this country, judicial orders are prepared, beyond Court hours, or on non-working days. It is apparent, that not a hundred, but hundreds of Judge hours, came to be spent in the instant single Sahara Group litigation, just at the hands of the Supreme Court. This abuse of the judicial process, needs to be remedied. We are, therefore of the considered view, that the legislature needs to give a thought, to a very serious malady, which has made strong inroads into the Indian judicial system.
150. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault? The suggestion to the legislature is, that a litigant who has succeeded, must be compensated by the one, who has lost. The suggestion to the legislature is to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a “Code of Compulsory Costs”.
151. We should not be taken to have suggested, that the cost of litigation should be enhanced. It is not our suggestion, that Court fee or other litigation related costs, should be raised. Access to justice and related costs, should be as free and as low, as possible. What is sought to be redressed is a habituation, to press illegitimate claims. This practice and pattern is so rampant, that in most cases, disputes which ought to have been settled in no time at all, before the first Court of incidence, are prolonged endlessly, for years and years, and from Court to Court, upto the highest Court.
152. This abuse of the judicial process is not limited to any particular class of litigants. The State and its agencies litigate endlessly upto the highest Court, just because of the lack of responsibility, to take decisions. So much so, that we have started to entertain the impression, that all administrative and executive decision making, are being left to Courts, just for that reason. In private litigation as well, the concerned litigant would continue to approach the higher Court, despite the fact that he had lost in every Court hitherto before. The effort is not to discourage a litigant, in whose perception, his cause is fair and legitimate. The effort is only to introduce consequences, if the litigant’s perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same. In the present setting of the adjudicatory process, a litigant, no matter how irresponsible he is, suffers no consequences. Every litigant, therefore likes to take a chance, even when counsel’s advice is otherwise.
153. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law. The present case, is a classic illustration of what we wish to express. Herein the regulating authority has had to suffer litigation from Court to Court, incurring public expense in its defence, against frivolous litigation. Every order was consistently and systematically disobeyed. Every order passed by the SEBI was assailed before the next higher authority, and then before this Court. Even though High Courts have no jurisdiction, in respect of issues regulated by the SEBI Act, some matters were taken to the High Court of Judicature at Allahabad (before its Lucknow Bench). Every such endeavour resulted in failure, and was also sometimes, accompanied with strictures. Even after the matter had concluded, after the controversy had attained finality, the judicial process is still being abused, for close to two years. A conscious effort on the part of the legislature in this behalf, would serve several purposes. It would, besides everything else, reduce frivolous litigation. When the litigating party understands, that it would have to compensate the party which succeeds, unnecessary litigation will be substantially reduced. At the end of the day, Court time lost is a direct loss to the nation. It is about time, that the legislature should evolve ways and means to curtail this unmindful activity. We are sure, that an eventual determination, one way or the other, would be in the best interest of this country, as also, its countrymen.
…………………………….J.
(K.S. Radhakrishnan)
…………………………….J.
(Jagdish Singh Khehar)
New Delhi;
May 6, 2014.


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--
Veteran Major P M Ravindran
 
You may also like to visit:
‘Judiciary Watch’ at www.vigilonline.com 

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Shail Bansal | 16 Jul 18:46 2014
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[IAC#RG] Fwd: New post "New chief of Delhi BJP - ..." in [Supporters of BJP and Narendra Modi]



Rajesh Suri posted a message in "Supporters of BJP and Narendra Modi".
Subject: New chief of Delhi BJP - I smell arrogance.
Is this the best BJP could get for the head position. Will he be the CM candidate if elections are held??
The interview below smells of arrogance to me.

Satish Upadhyay's appointment as chief of the state BJP unit has raised hopes of an early decision on Delhi's political future. Is the BJP going to pull a surprise by staking claim to form the government or is the Lieutenant Governor going to announce fresh polls?

The new state BJP president faces an aggressive Congress leadership and a determined Aam Admi Party who are doing all they can to turn the power crisis and issue of price rise to their political advantage. He also faces the daunting task of putting the state BJP unit in order and bringing the warring factions within the party together.

]Satish Upadhyay: Pallavi Polanki/Firstpost Satish Upadhyay: Pallavi Polanki/Firstpost An RSS worker till 1981, Upadhyay's political career began as a student leader in the ABVP. Steadily rising within the ranks of the party, he went on become the president and the general secretary of BJP's youth wing. In 2010, he was made the vice-president of the Delhi BJP unit and in 2012 decided to contest municipal elections.

A councillor from Malviya Nagar, Upadhyay was appointed chairman of the Standing Committee of the South Delhi Municipal Corporation last year.

Firstpost spoke to Upadhyay about his plans for the BJP in Delhi.

Excerpts from the interview.

You have spoken about the need to address the ‘trust deficit' among Delhi voters. What has led to this ‘trust-deficit'?

It is not as if something has happened that has led to a trust-deficit. If my Opposition is getting more vote-share, it is a cause of concern for us. That means there is some lack of trust and I have to build that trust. It is not as if there has been a specific incident that led to it. Ultimately, life is about faith. If you have faith in something, you will give your life for it. Same with a party. Whatever be the trust deficit, be it among women voters who are feeling insecure, or the elderly, or businessman for that matter, we need to address that.

And how do you plan to address it?
It is all about communication and education. There is no other way. We want to reach out to the people. My mission in life is faith rebuilding in society. This is my personal mission. If I commit to something, I will do everything in my power to fulfil it.

What is your message to the BJP cadre?

To address the trust deficit and to re-build faith in society. There has to be faith between party workers, between juniors and seniors. It is not about competition but cooperation.

How would you describe your style as a leader?

I am a very simple person. My approach is always humble. I am a simple karyakarta. I'm not very ambitious about certain things. What I say, I do.

By choosing someone like yourself to lead the party in Delhi, what message is do you think the party is sending out?

I don't have any political legacy. The message the party is sending is that a common party worker who is young, energetic, sincere can aim for the top post. Today I met Advaniji. I have met him hundreds of times before but today for the first time he interacted with me for half-an-hour. He said he was amazed that I had such a long history with the party. I tend to keep a low profile. I don't like to push myself into the spotlight. He said that he appreciated this about me.

Did you expect to be given this responsibility?

I had some kind of an inkling. I was asked before. But I had humbly said ‘no'. It is a big responsibility. I am a family person. I have two wonderful daughters. I have a son. One of my daughters is a lawyer. She has just come back from Cambridge. To take on this responsibility is to forget about your family. Now I have decided. I have talked to my family. I am no more a family man. I am a party man. I have to work.

You have been a member of the RSS. How much of an influence will your RSS background have on your current role?

Not RSS. I am influenced by Vivekananda. In school, I read him a lot. I also read Swami Munshi Premchand. In my family, there was no one with an RSS background. I joined the RSS shakha. Then I joined the Vidyarthi Parishad. I was the youngest Delhi University Student Union president. I then went on join the BJYM (Bharatiya Janata Yuva Morcha).

Have you had the chance to meet Amit Shah? Did the new BJP president have any advice for you?

Yes I met him. He is a dynamic leader. He is my party president. Delhi will benefit from his guidance and dynamism.

You have spoken about the need to strengthen the party organisation. What are some of your other big priorities when it comes to the party?

There should not be any factionalism within the party. Every party worker should get his due. It is very difficult to get to know each and every worker, but if I try to ensure that the auditing of party workers happens based on merit, that is important.

How do you plan to deal with the infighting within the party?

In a large organisation, these issues will be there. As head of the party, it is my responsibility to address the issues of groupism and factionalism. I am a trustee of the organisation. My role is to put my house in order. And two, whatever needs to be done to put my house in order, be it organisational change or something else, I will do it. I am very clear.

What is your reading of the situation in Delhi?

Everyone wants an elected government in Delhi. There are only two options - either government formation or election. If there is government formation, how it will happen is a million dollar question. If there are elections, when will they be held, what is the LG's opinion, what is the legal remedy, can there be a minority government? I don't know. Therefore, our strategy is: we have to be ready for elections.

My main thrust is to organise party workers - the seniors, the youth, the ladies, the minorities. Delhi is a capital city that attracts people from Uttar Pradesh, Bihar, Uttaranchal, Punjab, the North East and South India. By inviting them, I want to address their concerns and build their faith.

Our priority is to spread Modiji's mantra of good governance.

Why this delay in taking a call on Delhi?

The national election was our priority. Now that is over. One by one, we are taking up the issues. One is organisation. Second is election. I will talk to my MLAs, the seniors, the core group members and ask them what their view is. Things take time to take shape. I have been assigned a responsibility. I have to take everyone into confidence.

If elections are called today, what will be the main focus of the BJP's campaign?

Good governance. Sabka Vikaas, Sabka Saath. Ek Bharat Shreshtha Bharat. The main focus will be good governance in Delhi.

Is the BJP missing a strong CM candidate this time?

We have a lot of leaders with us. Who knew Satish Upadhyay? But today everyone knows him. The party has a lot of talent. So we will find the best talent.

Is the BJP ready for polls in Delhi?

We have to be. We are a political party. We don't have any other option.

AAP has accused the BJP of trying to buy their MLAs.

Did we ask Binny to leave? Did we tell Shazia Ilmi to quit? Were we responsible for Yogendra Yadav's resignation? This is their fear psychosis talking. We have nothing to do with them. These are false allegations, they have no meaning.

In media reports, you are quoted as saying AAP has no vote-bank.

I don't say they don't have a vote bank. AAP was a momentary thing. It was a by-product of the Anna movement. People were fed up with the Sheila Dikshit government and they thought they had an option in AAP. And AAP got 28 seats. If this was their vote-bank what happened in the Lok Sabha polls? Around the country, their candidates lost their deposit in over 400 seats.

They did however increase their vote-share in Delhi .What is your strategy to deal with AAP?

AAP and Congress are the same. There is no difference between them.

The Congress has launched an aggressive campaign over the power crisis and price rise. How do you plan to counter that?

The Congress has no other option. My political strategy is very clear. This is a legacy of the previous government. With the Modi government taking charge, you will see that in the coming quarters, the people who are making fun of acche din, will have to eat their words. Action is more important than words. The Congress is frustrated. We are not threatened by them at all.

Is Arvind Kejriwal a concern for the BJP?
I don't see Kejriwal in isolation. Be it Kerjiwal, be it Congress, I see them as my Opposition. And the Opposition is a threat.
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