Wednesday, April 6, 2011

Fwd: Fw: Re: [HumJanenge] karnataka state consumner commission



---------- Forwarded message ----------
From: SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com>
Date: Wed, Apr 6, 2011 at 9:13 PM
Subject: Re: Fw: Re: [HumJanenge] karnataka state consumner commission
To: Vikram Simha <vikramsimha54@yahoo.co.in>


Mr. Vikram Simhaji , Sorry  I am out of town , i  am not silent , i am not afraid of any body , i expressed my opinion , actually i have not expected that much reply from you sir , you are great sir , i came from village no one is studied law in our family in our Village or taluk ,No one of my relatives are judges of supreme court or high court or famous lawyers , i am an ordinary man , but as per yours is concernced you are from advocates family , thank you sir   , i  am also observing  our courts for last ten years what ever the lacuna we have to respect our laws in that sense i have told , i  have not any other sense to hurt you , you are a senior rti expert , since from rti act begining you are working with rti , Please guide me how to speed up the cases in courts using rti act , some of the member asked regarding some consumer case  , in my opinion  you would have been suggested a better lawer to consult him ,the matter is automatically closed , because why there is a delay we dont know , he has not posted actual order sheet or facts of the case , I am clarifying to Umapathiji also there is no confilct , but communcation gap , Nothing to worry , since Mr. Vikaram Simhaji is really Expert , he has to share his knowledge and experience with members of this group 


ARS KUMAR. SOCIAL ACTIVIST 




On Wed, Apr 6, 2011 at 11:42 AM, Vikram Simha <vikramsimha54@yahoo.co.in> wrote:

Oops , the Internet Gives me Trouble , However please read the peom below :
this world lives because some men do not eat alone ,not even when they get the sweet ambrosia of the gods; they have no anger in them,they fear evils other men fear but never sleep over them; give their lives for honour ,will not touch gift of whole worlds if tainted;
there's no faintness in their hearts  and they donot strive for themselves .
because such men are ,this world is .................... Ilamperuvaluti
 
So, while fighting for the "survival of democracy in india ' let us also make &mould ourselves  into "Uncommon ,Common Men"

N vikramsimha , KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.

--- On Wed, 6/4/11, Vikram Simha <vikramsimha54@yahoo.co.in> wrote:

From: Vikram Simha <vikramsimha54@yahoo.co.in>
Subject: Re: [HumJanenge] karnataka state consumner commission
To: "umapathy subramanyam" <umapathi.s.rti@gmail.com>
Cc: rudreshtechnology@gmail.com
Date: Wednesday, 6 April, 2011, 11:32 AM


Dear Umapathy ,
I have read Your mail . thank you for the Same as also your request . Basically the entire issue is not at all a Conflict . I Consider People & persons Who have access to internet and Correspond on the Board of Discussion groups  as ENLIGHTENED CITIZENS and Not as DENZINS . There fore Before Writting and sending any Mail , we have to have some ETHICS . First of all this group HUMJANENGE  was Started by a Great soul called Prakesh Kardely an Chief Editor of INDIAN EXPRESS. He is not amongst us but , I personally Knew him and almost all RTI CRUSADERS  call him "masterji" , I had the Occassion to hhave a Dinner in his House and Discussed late into Night in Pune five years Back.
Next Ias i already informed in the Above para  there are certain People who get Certain enjoyment out of Raking up non existant issues  and when they are Given the EMPOWERED REALISATION get themselves into a cocoon , As A person who is not Social activity since long , I donot want any body to do these both , but Should enjoy this life to its Fullest extent .
I Earnestly Hope that Because of My Age and Vast exposure across several circumstances and background , i would be allowed the liberty to quote the Great Tamil poet Ilamperuvaluthi  on my guru  which reads as follows :
 
 
N vikramsimha , KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.

--- On Wed, 6/4/11, umapathy subramanyam <umapathi.s.rti@gmail.com> wrote:

From: umapathy subramanyam <umapathi.s.rti@gmail.com>
Subject: Re: [HumJanenge] karnataka state consumner commission
To: "Vikram Simha" <vikramsimha54@yahoo.co.in>
Cc: "SHASHI KUMAR" <rudreshtechnology@gmail.com>
Date: Wednesday, 6 April, 2011, 7:25 AM

Dear Vikram Simha Sir, 

AS I know both of you  I am intervening in the matter. It is true that what our Friend shashi Kumar posted is out of proportion.The message implied that Vikrm doesn't know the legal process and that he should not make comments on the judiciary.To this extent  the posting is unwarranted. As per Constitution everyone has a right to hold his own opinion and share with others. So, instead of advising the solution to the problem raised in the thread, Mr. Shashi Kumar implied that Mr. Vikram doesnot know the procedure of the Court and hence the conflict. AS I know from my own experience, Mr.  Vikram Simha is a resource person in RTI and his advise carries much weight. Hence, I request both of you to close this discussion and concentrate on more imp issues affecting the RTI Act.

regards.

umapathi.s

On Tue, Apr 5, 2011 at 11:52 PM, Vikram Simha <vikramsimha54@yahoo.co.in> wrote:
Mr Shashi Kumar , Why there is no response even after 24 hours . Is this also a trick on Judiciary or is it to Keep the Issue pending for 20 years or is it there are Enough cases now and My Issue adds one more , Why Should Any body want to speed up thier case when , There are enough advantages . For your information In one of My own case to Get possetion of my own Property it took 18 long years and that too an HRC Case -- only to evict the Tenant , so Sir should i once again spell out the details
But please I am really Curios How i made an comment on judiciary
For your information I Must readily say that Myself and another Freind were the First People way back in 2005 who made RTI Request on Karnataka High court Asking their "suomoto " declarations under Sec 4.1.b and when Pulled to KIC , they Declared the Same
If that was an Comment on Judiciary We would have Gone to jail , is it not
I really feel very bad that you Comment That I donot Know Court procedurs and suggest Remedies is an sever Abuse, Please explain what remedies i have suggested
N vikramsimha , KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.

--- On Mon, 4/4/11, Vikram Simha <vikramsimha54@yahoo.co.in> wrote:

From: Vikram Simha <vikramsimha54@yahoo.co.in>

Subject: Re: [HumJanenge] karnataka state consumner commission
To: humjanenge@googlegroups.com
Date: Monday, 4 April, 2011, 3:20 PM


At the Outset My Name is Vikramsimha and Not sihma (My Name does not Have any surname) Next I am Not all an RTI Expert , I am just an RTI student . I Used the word Query Which means a lot Different from asking Questions . as an RTI student I Know There are Orders that we should not Use the Four W's and H . but You Have A Law degree and You Know How Examination in Chief and Cross examination is Carried out , an Query Can be Framed in such a way that there can be only one answer to it YES OR NO
For example a query in this Regard with respect to What Mr Abhinav is Citing is , Please Confirm that There were Seven adjournments in case no XXXX of YYYY .
The Next query would be Obviously Please confirm that all these Adjournments were accorded at the behest of the Respondent or His learned counsel.
To My Knowledge of Cases Pending in civil courts for Decades , may i with all humbleness submit that I am really proud to state two of My uncles were Eminent advocates who Further Down went on to become A) The Chief justice of MYSORE High court , B) The Other The Chief Justice of INDIA  and as an Young lad i was always in thier Chambers When they were Grooming thier Clients for Show down in the witness BOX .
With This information I Am not really Aware What comment That i have made on Judiciary and As additional Information and add on I would be pleased to inform You that My Father Himself was an advocate , My Father Elder Brother (another Uncle) was the Dean of delhi Law school , my grandfather's both were Advocate , One practising in the then Madras high court and another was an Very high Ranking Official of the Erset while MYSORE STATE .
Unfortunately I was destined to look after the family Farms and therefore Entered into agriculture College.
If once again i am to point out What will you Call Mr Subhas Chandra Aggrawal  
Suffice it To state in an 2010 Supreme Court Judgement on RTI Matter , Permit me to Quote certian Paras
1. " The court felt that " all relevant documents should be Produced before the Court so that the full facts may come before the people , Who in democracy are the Ultimate arbiters"
2. Where it becomes relevant in an judicial procceding , why should the court and the opposite party and through them the people not for what reasons for which a particular appointment is made ........... We fail to see what Harm can be caused by disclosure of true facts when they become relevant in a judicial proccedding
3. RTI is an Integral part of the fundamental right to Freedom of speech and expression guaranteed by the constitution . RTI Act merely recognizes the constitutional right of the citizens  to freedom of Speech and expression.
Finally this Judgement Queryies Upon itself the Following
" whether the Information sought for cannot be furnished to avoid any erosion in the Credibility of the decesions and to ensure a free and frank expression of Honest opinion by all Constitutional functionaries , which is for effective Consultation and taking the Right decision ?
ThIs Judgement Relays on an Century old Opinion
" Time works changes , brings into existance new conditions and purposes . therefore a principle to be vital must be capable of wider application than the mischief which gave it birth. this is peculiarly true of Constititions. they are not Ephemeral enactments , designed to meet Passing Occasions. They aredesigned to approach immortality as near as the human institutions can Approach it . the future is their Care and provision for events good and bad tendencies of which no prophesy canbe made> In the Application of a Constitution our contemplation cannot be only of what has been ,but of what may be
Most of the times we reel under the pressure of precedents> we look to the history of the time of framing and to the intervening history of Interpretation >but the ultimate Question must be,what do the words of the Text mean in our time?
Can We Call the Division Bench of supreme court , Which Added and etched these Paragraphs  as Comments on judiciary ?
Therefore Sir, With all humbleness and As Very Benign Student of This Arguably best transperancy laws of the World , Which demands Transperancy in public service , is bound to get mired in problems of Interpretation , some real , some contrived . The Fight to RTI is the Fight for survival of democracy in our Country . The Stakes are too high for us to ever give up . So we'll Never give up   

N vikramsimha , KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.

--- On Mon, 4/4/11, SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com> wrote:

From: SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com>
Subject: Re: [HumJanenge] karnataka state consumner commission
To: humjanenge@googlegroups.com
Date: Monday, 4 April, 2011, 11:16 AM

Mr. Sihma you are an rti expert and you are suggesting to qurery the judiciary , I think you have forgotten in rti act you cant ask any questions , you can take order sheet and other papers but there is no provisions to speed up the case using rti , you can obtain only information , there is will be lot of complaints to be heard by the commission , hence they may adjourn the case , if  both the parties are present in all hearings , the case will be decided on merits ,  I think you dont know there are thousands of cases pending in civil courts more than 20 years , I think mr. Abhinav is not having pateince for his case , The peoples in this forum without knowing the procedures of court shuld not suggest any redmideis and make coments on judiciary , Indian judiciary is best in the world , It is my opinion 
It is duty of the petitioner to see that notice must be served to builder  as per Civil procedure code ,

ARS KUMAR. BE. LLB , MA JOURNALISM 
SOCIAL ACTIVIST & JOURNALIST 

On Mon, Apr 4, 2011 at 10:32 AM, Vikram Simha <vikramsimha54@yahoo.co.in> wrote:
Make an RTI Request , ask them the order sheets for All adjornments , Query why they are Adjorning Continously , donot they have Process of SEnding RPAD/ Serveing through Process Server ?Paper notification  and Finally Ex=parte , What does the Jurisprudence Speak

N vikramsimha , KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.

--- On Sun, 3/4/11, Abhinav <a.h.agarwal@gmail.com> wrote:

From: Abhinav <a.h.agarwal@gmail.com>
Subject: [HumJanenge] karnataka state consumner commission
To: "Humjanenge" <humjanenge@googlegroups.com>
Date: Sunday, 3 April, 2011, 10:56 PM


Those who are connected to juducial system in India.
For one of the case against the builder in Karnataka State Consumer commission. I got to know that builder is not coming to the court. Still there is no Ex parte decision

Court Hall Proceedings
Posted For Posted on Action Taken Order Passed if any
Admission 14/08/2009 Adjourned
Admission 28/08/2009 notice
Notice 29/10/2009 Adjourned
Notice 27/11/2009 Adjourned
Notice 22/12/2009 Adjourned
Affidavit 27/01/2010 Affidavit filed
Arguments 30/03/2010 Judgement Reserved
Judgements 07/04/2010 Adjourned
Arguments 17/06/2010 Adjourned
Arguments 01/07/2010 Adjourned
Version 15/07/2010 Adjourned
Version 22/07/2010 Adjourned
Affidavit 20/08/2010 Adjourned
Arguments 16/09/2010 Adjourned
Arguments 02/11/2010 Adjourned
Orders 23/11/2010 Adjourned
Orders 06/01/2011 Adjourned
Version 03/02/2011 Adjourned
Version 07/02/2011 Version Filed
Version 17/02/2011 Adjourned
Affidavit 11/03/2011 Adjourned
Affidavit 12/04/2011


--
Any idea why is it taking so long ?
Thanks
Abhinav
 
"
Have a heart that never hardens, a temper that never tires, and a touch that never hurts...
"





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