In theory there appeals are possible to set right the wrongs of lower courts. But things are entirely different in practice.
I cite a couple of my own experiences:
1. I filed a consumer complaint against a leading industrialist and builder of Goa in the State Consumer court. The "president judge", one Mr. Nelson Britto, apparently held the case in my favour because he granted me penal damages of Rs. 3.0 lacs against the builder. But look at the sheer malafides of the "judge" and his "order", who apparently imposed the penalty as a smokescreen to shield AND REWARD the errant industrialist. His entire order does not mention a single word as to why he imposed the penalty, and whether the builder was in deficency, in unfair trade practices, and providing hazardous services, WHEN the industrialist-builder has lied under oath and put a false document said to be the NOC from navy in the agreement to sell; the builder admitted in cross-examination under oath in that he destroyed evidence; that he never obtained the mandatory NOC from navy; that the brochure placed on record by me was his brochure; that he contravened
Registration Act; that he contravened The Transfer of Property Act by not disclosing material defects in the property; etc. and so on. There is a contravention of at least half a dozen major Acts and laws of the land. But the "judge" does not discuss any of the law points involved and does not utter a single word about all those. Finally to cap it all the "judge" ignores the prayers made by me to either give market value (with written quotations from 5 vicinity builders) OR a similar flat in nearby locality. Instead he gives interest @ 15%, which means a loss in capital value to me of over 10 lacs (excluding interest cost), and a corresponding gain to the industrialist.
2. In another case in the same court the "judge", one Mr. Prabhudessai, who claims to be a law teacher in a local college, ignores all evidence on record and several points of law raised: Can the opposite party submissions that are not on affidavit and are merely verbal, be entertained by the court; Can a piece of paper without an Invoice Number / Tax registration, taxes be a valid "Invoice / Bill"; can the OP who has approached the court in not good faith be entertained; when there are 6 different agreements between the parties and with different dates and terms & conditions, can the matter be properly decided without first deciding which of the agreements is the valid one; when the OP himself does not dispute or refute the evidence placed on record, can the "judge" unilaterally decide differently that too without any reasoning; can the "judge" overrule at least 10 SC judgments on different subjects; can the "judge" overrule the law and the intent to
the parliment; can the "judge" order costs when several issues of law have been raised; etc. The appeal before the National Commission was the same ....... non-appreciation of evidence on record and several law points raised. At this point as I came down with health problems I could not pursue the matter in the SC.
There are many fine judges (I recall Justices Mr. Sachar and Mrs. Leila Seth, who settled my PF case in just 4 hearings and did not allow the govt. lawyers to dilly-dally. I also recall the justice in Delhi HC, who put his foot down by telling the govt judges to get on with their defence, if any, and the outcome was quaterly disclosure of results by corporates, and also certain provisins for transparency in results.) But, the problem is all-persuasive, and is not limited to the judiciary only. As the SC itself has said that the judges are part of the same society. One hopes that one encounters the good judges, babus, netas, of which there are many.
There is need for ALL-ROUND reform as in REFORM. The elections, administration, judiciary, police, education, health, ... just everything.
Regards,
--------------------------------------------
On Thu, 5/14/15, P.Mohana Chandran <
p.mohanachandran50@gmail.com> wrote:
Subject: Re: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING
To:
indiaresists@lists.riseup.net
Date: Thursday, May 14, 2015, 1:08 AM
Shri Venkataraman may
kindly note that to err is human.Judges also may err-of
course not with the intention to err.The error may be on a
question of law or on a guestion of fact.To take care of
such situations,law enables affected party to file
Appeal,Review,Revision etc.Do you wantthe Appellate Court to
confirm the trial court judgement in all cases and thereby
make the people to have faith in judiciary.TrialCourt and
Appellate Courts shall patiently hear the matter and give
judgements with out fear or favour.They need not worry about
the comments that may be made by persons like
Shri.Venkataraman.
If the decision of Mr.Justice Kumaraswamy of
the Hon'ble Karnataka High Court is based on erroneous
calculation (mathematical error ) in calculating the total
assets and total income and if the mismatch is really more
than 10% as is being propogated by some opposition leaders
in Tamilnadu, a mere Application for Review will be
sufficient for the Judge to correct the error.
The allegation was that since
Ms.Jayalalitha is a politician,the case was prolonged for
more than a decade.On her coviction,when the Bail matter
came up before the Supreme Court ,coditional Bail was
granted,a consequence of which is expeditious disposal of
the Appeal which resulted in quick disposal of the
Appeal.The economic status of the party concerned has
nothing to do with the case.
A resourceful /wealthy party may be able
to engage a team of legal experts and may be able to come
out successful by taking advantage of the loopholes in law.A
'daridra narayana' may have to depend on a lawyer
provided by Court or Legal Services Authority who may or
may not be good/capable of handling the matter.It is only in
this matter ,economically deprived persons are in a dis
advantageous position.Bail is the Rule and Jail is an
exception. Poor people are not capable of engaging a lawyer
and in cases that are not very serious,amicus curie is not
appointed by court for accused and hence they remain in jail
for days, months and at times years.
I shall cite a case (Mrs.Indirra Gandhi)
where a High Court 's verdict was set aside by the
Supreme Court,not because the High Court was wrong but
because the Parliament amended the law with retrospective
effect.Incurring expenses by a candidate above the cut off
limit was an electoral malpractice even if the amount is
spent by a political party. Mrs.Gandhi was unseated as
Congress spent in excess of the cut off amount.During
emergency, law was amended with retrospective effect
stipulating that money spent by political parties shall not
be counted to calculate the cut off amount .Both the
decisions were correct.Perhaps Shri
Venkataraman might not have uttered a word had
Ms.Jayalalitha got the Prevention of Corruption Act
amended with retrospective effect exempting MPs,MLAs,MLCs
and Central and State Ministers from the per view of the
Prevention of Corruption Act.I appreciate Ms Jayalalitha
for fighting the case by filing Appeal engaging ,of course
the best legal brain instead of managing to amend the
Prevention of Corruption Act with the help of Mr Modi and
also the DMK P.Mohana
Chandran
On Wed, May 13, 2015
at 9:08 AM, Raghavan R N <
raghavan6@hotmail.com>
wrote:
Dear Sir,
If some one is Punished by a Court, it does not
mean Judiciary is right . There are many cases pending
Judgement in a number of Courts in india, the two recently
came up for public attention is that of Ms Jayalalitha and
Mr Salman Khan
Every one knows that Ms Jayalalitha's case
is one related to Politics and it is natural, every one
wanted her to be punished[ her opponents]. She has been an
actress for a long time and her back ground is too good to
be considered that she amassed wealth only by political
means. Judgement by a Lower Court need not necessarily
decide the final outcome. Law provides more options till
Supreme Court. If it is a fit case for fighting, Govt should
initiate action to file a suit in Supreme Court. None
prevented and no one should close this option. Counting
dresses , chappals and other house hold articles for
estimating the assets of Ms Jayalalitha looks
odd.
In the case of Ms Salman Khan, it can be
appreciated that this case is not of national importance.
Daily such run over cases happen in India and abroad and
even yesterday three women were killed under the wheels of a
police vehicle. It is an accident can be due to
negligence.Here too, the accused has options to
appeal in higher court to get justice. Bail was granted as
he is an actor and is working in number of FILMS. All get
affected. Granting bail , fast or slow cannot be questioned.
Definitely, prominent people get things done fast and for
others, it takes time. It is Indian culture and way of doing
things in India.
raghavan rn
From:
boompellivenkatrao@gmail.com
Date: Tue, 12 May 2015 12:47:50 -0400
To:
indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY ,
CONSEQUENCES CAN BE ALARMING
One more case of SATYAM Ramblings Raju. The fraud is
a open book to every one. He got bail with in a
month.
B. VENKAT RAO
Sent from my iPhone
On 12-May-2015, at 3:41 am, Jagjit Ahuja <
jagjit.ahuja@gmail.com>
wrote:
Judiciary in India has
made a mockery of themselves . They know that there is no
one in the governing system who can punish them for all the
wrongs. Now with the judgement made in favour of
Jayalalitha clearly shows that how our judiciary has been
working . The presenting officers and the defence
advocates have been playing games with each other .At
least punish out off those who have been proved to be
wrong .
Same thing happened with the case of Salman
Khan.
On Mon, May 11, 2015 at 8:41 PM, Venkatraman Ns <
nsvenkatchennai@gmail.com>
wrote:
To
India Against Corruption
WHEN PEOPLE LOSE FAITH IN JUDICIARY
, CONSEQUENCES CAN BE ALARMING
After several years
of trial in a killing case, an actor was held guilty by the
court and jail term
awarded. But, he got bail in a few hours
from another judge. After several years of trial in a
corruption case, a
Chief Minister was found guilty and awarded jail term and
hefty fine. But,
after a few months, a higher court judge called her innocent
and acquitted
everyone involved totally. Now, one wonders which judge is
right and which judge
is wrong.
While rich
politicians and cinema actors seem to have the last laugh,
there are thousands
of dharidhranarayanas in India who stay in jail for lesser
crime for several
years without being heard. Are they not as much Indians as
the cinema actor
driving his car on a pavement dweller and rich politician
indulging in corrupt
practices ? Are we settling down for this sort of democracy
in India ?
An average common man
in India, millions of whom do not have any political
affiliation have already
lost faith in the politicians in power and bureaucracy. He
has been thinking that
the judiciary is ultimate conscience keeper of the country.
But, when judiciary
give judgements with so much of contradiction between one
judge and the other
and providing bail and relief
to the convicted actor and
politicians with great speed and with
many judges in India already having been
accused of corrupt practices in the past, people
tend to develop doubts about judiciary
too.
Now, what can a
common man do , if he loses faith in politicians in power,
bureaucrats and
judges? It is alarming to think about such situation and the
possibilities.
N.S.Venkataraman
Post: "
indiaresists@lists.riseup.net"
Exit: "
indiaresists-unsubscribe@lists.riseup.net"
Quit: "
https://lists.riseup.net/www/signoff/indiaresists"
Help:
https://help.riseup.net/en/list-user
WWW :
http://indiaagainstcorruption.net.in
Post: "
indiaresists@lists.riseup.net"
Exit: "
indiaresists-unsubscribe@lists.riseup.net"
Quit: "
https://lists.riseup.net/www/signoff/indiaresists"
Help:
https://help.riseup.net/en/list-user
WWW :
http://indiaagainstcorruption.net.in
Post: "
indiaresists@lists.riseup.net"
Exit: "
indiaresists-unsubscribe@lists.riseup.net"
Quit: "
https://lists.riseup.net/www/signoff/indiaresists"
Help:
https://help.riseup.net/en/list-user
WWW :
http://indiaagainstcorruption.net.in
Post: "
indiaresists@lists.riseup.net"
Exit: "
indiaresists-unsubscribe@lists.riseup.net"
Quit: "
https://lists.riseup.net/www/signoff/indiaresists"
Help:
https://help.riseup.net/en/list-user
WWW :
http://indiaagainstcorruption.net.in
-----Inline Attachment Follows-----
Post: "
indiaresists@lists.riseup.net"
Exit: "
indiaresists-unsubscribe@lists.riseup.net"
Quit: "
https://lists.riseup.net/www/signoff/indiaresists"
Help:
https://help.riseup.net/en/list-user
WWW :
http://indiaagainstcorruption.net.in
