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Showing posts with the label Supreme Court

014 Independence of Indian Courts and Judges appear to be at peril owing to Temptations before Judges

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TODAY'S untrivia: THE TELUGU PROVERB 'KUNJARA YUDHAMBU DOMA KUTTUKA JOCCEN', approx. Engl. equivalent 'A herd of Elephants entered into the throat of a mosquito', seems to apply to Retd. Supreme Court CJI. Recommendation of 1st Law Commission, 14th Report, as explained by Late M.C. Setalvad, one of Constitution Drafters, 1st Attorney General , Chairman 1st Law Commission, 1st Chairman, Bar Council of India: '....The Commission had, after careful consideration expressed the unanimous view that the practice of Judges looking forward to or accepting employment under the Government after retirement was undesirable as it could affect the independence of the Judiciary. We therefore recommended that a constitutional bar should be imposed on Judges accepting office under the Union or State Governments similar to the bar in the case of the Auditor and Comptroller-General and members of Public Service Commissions. ...' [ybmad contg.:] On advice of GOVERNMENT ...

011 Justice should not only be done, but also should appear to have been done!

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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...

9 Prevention of Miscarriages

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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 ...