Posts

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...

010 Independence of Indian Judicial System should be preserved

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Photo courtesy http://en.wikipedia.org/wiki/H._L._Dattu . 010 Is a Conference of CMs & High Court Judges at Delhi on 5th April 2015 necessary? 010 Hindi language: kyA 5 April 2015 dinAnk dilli mEn huvA mukhya mantriyOm aur nyAyamUrtiyOm ke sabhA avaSya hai? In my (ybrao a donkey) humble personal view, I feel that there is no need at all, of this Conference of CMs and Judges in Delhi. If Government of India wanted to convey its opinions about the functioning of the Indian Judicial System, it could have conveyed in writing, through the Law Ministry to the Supreme Court officially.  An appropriate Bench or a Committee/Collegium of Judges of Supreme Court might have examined the issues raised by the GOI. Prime Minister and Chief Ministers of States, better not to have a need and opportunity  to pontificate to CJI and judges on how they decide cases .  This is important because after the removal of Collegium System for appointment and elevation of Judges ...

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 ...

#008 Lawyers and Bar Associations should not refuse to defend accused rapists

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Abhaya Rape Case refers to the rape of a 23 year old IT techie of Madapur, Hyderabad, in a volvo cab, by two men posing as taxi drivers. They drove the victim to an isolated mango grove in kollUr (medak District), where she was raped and threatened with dire consequences. Later, they dropped the bleeding victim at her hostel in Gowlidoddi. This took place on 22nd October 2013. It is heartening to note that Cyberabad Police acted very swiftly and arrested the two accused in a very short time and produced him before Miyapur Court. The Cyberabad police could get two days custody of the rapists. LAWYERS' DECISION NOT TO TAKE UP DEFENCE Deccan Chronicle reported that Rangareddy District Bar Association has resolved to request its advocates not to accept the case for defence. Analysis The resentment of the society and the lawyers to the ghastly series of rapes taking place in Hyderabad, is undestandable. Yet, it it not reasonable NOT to take up the case of the accused for defence...

007 Seven sins of Indian Higher Judiciary

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Indian Express.Com, in its dated 11.11.11, published a news item. Link for reading this News Item: Higher judiciary guilty of 7 sins: ex-SC judge pulls no punches . SEVEN SINS TAKING PLACE IN INDIAN JUDICIARY 1. temporise, stone-wall and prevaricate. 2. Keeping the process of Appointments of High Court and Supreme Court Judges as extreme Secrets. 3. Taking Independence of Judiciary to mean "capable of thinking for oneself," 4. plagiarism and prolixity. --Prolific and often unnecessary use of passages from textbooks and decision of other judges - without acknowledgment of in the first case and with acknowledgment in the latter. Many judgments are, in fact, mere compendia or digests of decisions of decisions on a particular issue with very little original reasoning in support of the conclusion, 5. Judicial arrogance as to one's intellectual ability and status. 6. Intellectual Arrogance, and Intellectual Dishonesty. 7. Nepotism. "What is required of a judge is a...

006 Objective Type Multiple Choice Questions Test on Indian Law

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005 Objective Type Test on Indian Constitution

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1. Indian Constitution Objective Type Question: Art. 226 provides for writ jurisdiction of Supreme Court High Court Trial Court a and b 2.What type of writ petition a person can file, if a relative is missing and there is a suspicion that he is under secret custody of police: Habeas corpus Mandamus Quo Warranto Certiorari 3.Who has the temporary authority to suspend the Fundamental Rights: Parliament President Supreme Court Prime Minister 4.What is the importance of Article 18(4): Right to freedom Right to life Padma Awards are not titles Right to Education 5.Article 300A recognises the Right to Education Life Property Religious freedom 6.Right to Life is inspired by the Constitution of France Japan Britain United States 7.Article 32 helps a citizen whose Fundamental Rights were threatened, to file a writ petition before: District Court High Court Supreme Court b and c 8.Which provisions cannot be enforced through Courts?: Directive Principles Fu...