India's survival depends on RULE OF LAW. Democracy becomes meaningful only when rule of law becomes a reality. Judiciary and Legal Systems cannot be underdogs of Parliament and Executive, though theoretically, ostensibly, Parliament is declared as supreme.
Prevention of Miscarriages 9 High Courts and Supreme Courts ought to aim to prevent injustice. What is the use of post mortem? Topics for discussion: Miscarriage of Justice, High Courts, Supreme Court, Constitution, A.P. Bifurcation With due respect to the Supreme Court of India and the State High Courts in India, I am anguished to express my feelings as under: Supreme Court and High Courts seem inclined to intervene only after an injustice takes place and refuse to intervene if the petitioners approach in advance. Prevention of injustice, rather than some artificial correction after miscarriage of justice, ought to be the objective of a truly responsive Justice System. Philosophy of Justice expects that courts have to intervene, when applicants approach ahead of the actual happening of injustice, if there are indications of the injustice taking place, prima facie. Andhra Pradesh Bifurcation Bill serves as the best example of miscarriage of justice owing to refusal of High ...
Photos courtesy http://supremecourtofindia.nic.in/judges/sjud/hldattu.htm http://supremecourtofindia.nic.in/judges/sjud/kjoseph.htm Readers can also see the biodata of the Hon. Justices at the above links. Context This is in continuation of my post No. 010 at this blog: http://indianlawyb.blogspot.in/search/label/010 Hon. Justice Joseph expressed his inability to attend a dinner-cum-Conference of CMs and Justices hosted by Prime Minister of India, as it was held on Easter Day. Justice Joseph has also raised some pertinent questions about future of Secularism in India, and also the particular act of holding the Conference on a day of Religious Importance. "...I may with deep anguish bring to your kind notice that such an important conference shouldn't have been held when some of us, who are otherwise expected to be part of the event, are otherwise committed on account of the holy days when we have religious ceremonies and family get- toge...
WHY BLAME A JUNIOR ADVOCATE? NEWS HEADLINE : "SC PULLS UP MAHINDRA SATYAM FOR 'ARROGANCE' " The SC here refers to the Supreme Court of India. Pulling up refers to the Supreme Court censuring the Company "Mahindra Satyam". Brief Details : A dispute between the Company 'Mahindra Satyam' and the Income Tax Authorities regarding the earlier order of the Income Tax Department demanding a tax of Rupees 6170 million (617 crore). The Income Tax Authorities seem to be re-examining their demand of Rs. 6170 million and probably trying to reduce it. A letter addressed by the Company to the Income Tax Authorities asking them to withdraw their demand, has been interprted by the Attorney General Mr. G.E. Vahanavati as highly offensive. A three-judge-bench headed by the Chief Justice of India remarked : "You cannot do this in such manner. Instruct them (Satyam) to withdraw the letter. This is not the way." The Bench seems to...
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