Monday, April 4, 2011

Re: [HumJanenge] karnataka state consumner commission

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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