These cases dismissal were against provisions of law!!! Having taken oath before becoming Justice they take oath , to be frank and fearless , law abiding ,not prejudicial to any body , abiding to constitution etc. Where are they? In fact they do more business . In many cases almost, I had never been heard my argument or even Petition was not read out. See the contrary to petition wherein specifically stated the Hon. High Court Granted stay against the implementation of order. Even then Advocate argued wrongly , represented the case wrongly totally and Hon. Justice Mr J M Panchal was sitting in Hon. Supreme Court of India. By way of just ignoring and Petitioner or party should always file an appeal and spend time and money on Advocates if any employed. Without having any matter of Case of interpretation.Let me give another case. Former Controller of Capital issue was totally corrupt.Taking money and granting hefty premium to public issue I filed a PIL. Second date came up after the date of Budget in 1992. It came up Before Hon. Justice G T Nanavati.( The then Become Hon. Justice of Supreme Court of India ). In budget it was provided that office of Controller of Capital issue was abolished !!!! Hon. Justice gave order saying " Since the office of Controller of Capital Issue is abolished Petition is dismissed" Where is justice!!!! See the document which I have now. I could not send other documents. They are ( Forgot in India) lying in CD placed in India. There are as many as 20 such cases. One among them is A Case of Dividend paid out of capital , illegal payment of dividend. Which can be observed from attached documents. On record it is proved the other way out. No thing done!!!! All Law Supervising Ministry of Corporate Affairs , Registrar of Companies , Official Liquidators are silent for last 19 years!!! See the attached documents. It is very hard to get through the documents , unless you have very knowledge of Accounts and Companies Act. All provisions of Law had been thrown a way in deciding the matter of merger!!!!!Shah D JUSAOn Thursday, 17 July 2014 12:33 PM, Dipak Shah <indiaresists@lists.riseup.net> wrote:
If any body goes to my cases at High Court of Gujarat , one will wonder of Justice and also they were sit in Hon. Supreme Court of India!!!!Shah D JOn Tuesday, 15 July 2014 9:27 PM, Prasad Vaidya <pbv1968@gmail.com> wrote:
The Judges are sitting as expert in every matter and in every subject. The Supreme Court it self is violating fundamental rights . The matters filed by party in person are heard lastly and matters are listed at the bottm. Right to file writ petition u/a 32 of constitution but party person is compelled to request to court to allow him to file writ petition This is deadly unconstitutional decision.
Supreme Court is protecting corrupt decision of imposing bar examination which is deadly unconstitutional but petition challanging bar exam is kept pending purposefully by Supreme Court and Supreme Court want to see Ad Gopal Surahmanyam as Judge of SCI the person who took unconstitutional decision and acted like dectator.The High Court judges are not reading notes of arguments and hearing only 10 to 20 % arguments and pasing order in final hearing matter instead of passing judgment. The judges are not knowing that there is no limitation for filing writ petition.How you can say SCI is cryingOn Thu, Jun 26, 2014 at 8:45 PM, Dr. J. K. Chaudhry <jkchaudhry@gmail.com> wrote:
There are well known cases,where judgement wasNEVER delivered by Supreme Court.Do you believe?Devi Lal oath of office in union cabinet.J.K.Chaudhry
Sent from my iPadIt is said that justice delayed is justice denied. There is one case pending in the high court for the last 7 yrs and GOK when the judgement will be issued also whether it will be delivered during my life time ( I am now 81)Some one from the high court may know my plight.
Sent from my iPadIt is the courts and courts only which are responsible not only for the subversion of the justice delivery system but for the increasing lawlessness and crimes. Just ask how many times the apex court had entertained bail applications of Raja and Kanimozhi? And now they are shamelessly trying to pass on the buck to the Parliament. Why courts, even quasi judicial organisation have been following the bad example of courts and have been only draining the exchequer without delivering even 1 percent of what they are tasked to deliver. The district forum in Palakkad had been adjourning a consumer complaint of a complainant in the adjoining district involving a doctor for years on end. Almost after ten years I sought info on the status of the complaint. I got the info that it is pending. But at the next date for hearing it was dismissed! I complained to the minister for consumer affairs and the chief minister here. Nothing happened, except that in response to the complaint to the CM the President of the Forum said that the stipulation of three months for disposing a complaint is only a guideline and that was it! For details please read my blogs:Obnoxious functioning of consumer fora/commissions- letter to minister (of 8/1/11) atChief MInister's Contact Program-consumer fora atACCESS TO JUSTICE-A STAKE HOLDER'S REPORT atFRAUD IN GOVERNANCE AND REDRESSAL OF PUBLIC GRIEVANCES atEight years of right to information: Are those responsible for governance idiots or traitors? atand more...regards n bwraviOn Mon, Jun 16, 2014 at 9:41 AM, Forum for Fast Justice <fastjustice@gmail.com> wrote:
SUPREME COURT CRYING FOR JUSTICE
Appex Court appeals to the Parliament for legislating appropriate laws and to the Government for rationalising decision making process for stemming vicious and frivolous cases and appeals being filed. Read the last paras in the Surbroto Roy Sahara's recent Supreme Court Judgement.
(Bhagvanji Raiyani)Chairman & Managing TrusteeForum For Fast Justice
"REPORTABLE"IN THE SUPREME COURT OF INDIACRIMINAL ORIGINAL JURISDICTIONWRIT PETITION (CRIMINAL) NO. 57 OF 2014
Subrata Roy Sahara …. PetitionerversusUnion of India and others …. Respondents
J U D G M E N TJagdish Singh Khehar, J.
149. A lot of these hearings consumed this Court's full working day. Hearing of the main case, consumed one full part, of the entire summer vacation (of the Supreme Court) of the year 2012. For the various orders passed by us, including the order dated 31.8.2012 (running into 269 printed pages) and the present order (running into 205 printed pages), substantial Judge hours were consumed. In this country, judicial orders are prepared, beyond Court hours, or on non-working days. It is apparent, that not a hundred, but hundreds of Judge hours, came to be spent in the instant single Sahara Group litigation, just at the hands of the Supreme Court. This abuse of the judicial process, needs to be remedied. We are, therefore of the considered view, that the legislature needs to give a thought, to a very serious malady, which has made strong inroads into the Indian judicial system.150. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault? The suggestion to the legislature is, that a litigant who has succeeded, must be compensated by the one, who has lost. The suggestion to the legislature is to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a "Code of Compulsory Costs".151. We should not be taken to have suggested, that the cost of litigation should be enhanced. It is not our suggestion, that Court fee or other litigation related costs, should be raised. Access to justice and related costs, should be as free and as low, as possible. What is sought to be redressed is a habituation, to press illegitimate claims. This practice and pattern is so rampant, that in most cases, disputes which ought to have been settled in no time at all, before the first Court of incidence, are prolonged endlessly, for years and years, and from Court to Court, upto the highest Court.152. This abuse of the judicial process is not limited to any particular class of litigants. The State and its agencies litigate endlessly upto the highest Court, just because of the lack of responsibility, to take decisions. So much so, that we have started to entertain the impression, that all administrative and executive decision making, are being left to Courts, just for that reason. In private litigation as well, the concerned litigant would continue to approach the higher Court, despite the fact that he had lost in every Court hitherto before. The effort is not to discourage a litigant, in whose perception, his cause is fair and legitimate. The effort is only to introduce consequences, if the litigant's perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same. In the present setting of the adjudicatory process, a litigant, no matter how irresponsible he is, suffers no consequences. Every litigant, therefore likes to take a chance, even when counsel's advice is otherwise.153. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law. The present case, is a classic illustration of what we wish to express. Herein the regulating authority has had to suffer litigation from Court to Court, incurring public expense in its defence, against frivolous litigation. Every order was consistently and systematically disobeyed. Every order passed by the SEBI was assailed before the next higher authority, and then before this Court. Even though High Courts have no jurisdiction, in respect of issues regulated by the SEBI Act, some matters were taken to the High Court of Judicature at Allahabad (before its Lucknow Bench). Every such endeavour resulted in failure, and was also sometimes, accompanied with strictures. Even after the matter had concluded, after the controversy had attained finality, the judicial process is still being abused, for close to two years. A conscious effort on the part of the legislature in this behalf, would serve several purposes. It would, besides everything else, reduce frivolous litigation. When the litigating party understands, that it would have to compensate the party which succeeds, unnecessary litigation will be substantially reduced. At the end of the day, Court time lost is a direct loss to the nation. It is about time, that the legislature should evolve ways and means to curtail this unmindful activity. We are sure, that an eventual determination, one way or the other, would be in the best interest of this country, as also, its countrymen.…………………………….J.(K.S. Radhakrishnan)…………………………….J.(Jagdish Singh Khehar)New Delhi;May 6, 2014.
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Thursday, July 17, 2014
Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE
Re: [IAC#RG] Fwd: New post "New chief of Delhi BJP - ..." in [Supporters of BJP and Narendra Modi]
Rajesh Suri posted a message in "Supporters of BJP and Narendra Modi".Subject: New chief of Delhi BJP - I smell arrogance.Is this the best BJP could get for the head position. Will he be the CM candidate if elections are held??
The interview below smells of arrogance to me.
Satish Upadhyay's appointment as chief of the state BJP unit has raised hopes of an early decision on Delhi's political future. Is the BJP going to pull a surprise by staking claim to form the government or is the Lieutenant Governor going to announce fresh polls?
The new state BJP president faces an aggressive Congress leadership and a determined Aam Admi Party who are doing all they can to turn the power crisis and issue of price rise to their political advantage. He also faces the daunting task of putting the state BJP unit in order and bringing the warring factions within the party together.
]Satish Upadhyay: Pallavi Polanki/Firstpost Satish Upadhyay: Pallavi Polanki/Firstpost An RSS worker till 1981, Upadhyay's political career began as a student leader in the ABVP. Steadily rising within the ranks of the party, he went on become the president and the general secretary of BJP's youth wing. In 2010, he was made the vice-president of the Delhi BJP unit and in 2012 decided to contest municipal elections.
A councillor from Malviya Nagar, Upadhyay was appointed chairman of the Standing Committee of the South Delhi Municipal Corporation last year.
Firstpost spoke to Upadhyay about his plans for the BJP in Delhi.
Excerpts from the interview.
You have spoken about the need to address the 'trust deficit' among Delhi voters. What has led to this 'trust-deficit'?
It is not as if something has happened that has led to a trust-deficit. If my Opposition is getting more vote-share, it is a cause of concern for us. That means there is some lack of trust and I have to build that trust. It is not as if there has been a specific incident that led to it. Ultimately, life is about faith. If you have faith in something, you will give your life for it. Same with a party. Whatever be the trust deficit, be it among women voters who are feeling insecure, or the elderly, or businessman for that matter, we need to address that.
And how do you plan to address it?
It is all about communication and education. There is no other way. We want to reach out to the people. My mission in life is faith rebuilding in society. This is my personal mission. If I commit to something, I will do everything in my power to fulfil it.
What is your message to the BJP cadre?
To address the trust deficit and to re-build faith in society. There has to be faith between party workers, between juniors and seniors. It is not about competition but cooperation.
How would you describe your style as a leader?
I am a very simple person. My approach is always humble. I am a simple karyakarta. I'm not very ambitious about certain things. What I say, I do.
By choosing someone like yourself to lead the party in Delhi, what message is do you think the party is sending out?
I don't have any political legacy. The message the party is sending is that a common party worker who is young, energetic, sincere can aim for the top post. Today I met Advaniji. I have met him hundreds of times before but today for the first time he interacted with me for half-an-hour. He said he was amazed that I had such a long history with the party. I tend to keep a low profile. I don't like to push myself into the spotlight. He said that he appreciated this about me.
Did you expect to be given this responsibility?
I had some kind of an inkling. I was asked before. But I had humbly said 'no'. It is a big responsibility. I am a family person. I have two wonderful daughters. I have a son. One of my daughters is a lawyer. She has just come back from Cambridge. To take on this responsibility is to forget about your family. Now I have decided. I have talked to my family. I am no more a family man. I am a party man. I have to work.
You have been a member of the RSS. How much of an influence will your RSS background have on your current role?
Not RSS. I am influenced by Vivekananda. In school, I read him a lot. I also read Swami Munshi Premchand. In my family, there was no one with an RSS background. I joined the RSS shakha. Then I joined the Vidyarthi Parishad. I was the youngest Delhi University Student Union president. I then went on join the BJYM (Bharatiya Janata Yuva Morcha).
Have you had the chance to meet Amit Shah? Did the new BJP president have any advice for you?
Yes I met him. He is a dynamic leader. He is my party president. Delhi will benefit from his guidance and dynamism.
You have spoken about the need to strengthen the party organisation. What are some of your other big priorities when it comes to the party?
There should not be any factionalism within the party. Every party worker should get his due. It is very difficult to get to know each and every worker, but if I try to ensure that the auditing of party workers happens based on merit, that is important.
How do you plan to deal with the infighting within the party?
In a large organisation, these issues will be there. As head of the party, it is my responsibility to address the issues of groupism and factionalism. I am a trustee of the organisation. My role is to put my house in order. And two, whatever needs to be done to put my house in order, be it organisational change or something else, I will do it. I am very clear.
What is your reading of the situation in Delhi?
Everyone wants an elected government in Delhi. There are only two options - either government formation or election. If there is government formation, how it will happen is a million dollar question. If there are elections, when will they be held, what is the LG's opinion, what is the legal remedy, can there be a minority government? I don't know. Therefore, our strategy is: we have to be ready for elections.
My main thrust is to organise party workers - the seniors, the youth, the ladies, the minorities. Delhi is a capital city that attracts people from Uttar Pradesh, Bihar, Uttaranchal, Punjab, the North East and South India. By inviting them, I want to address their concerns and build their faith.
Our priority is to spread Modiji's mantra of good governance.
Why this delay in taking a call on Delhi?
The national election was our priority. Now that is over. One by one, we are taking up the issues. One is organisation. Second is election. I will talk to my MLAs, the seniors, the core group members and ask them what their view is. Things take time to take shape. I have been assigned a responsibility. I have to take everyone into confidence.
If elections are called today, what will be the main focus of the BJP's campaign?
Good governance. Sabka Vikaas, Sabka Saath. Ek Bharat Shreshtha Bharat. The main focus will be good governance in Delhi.
Is the BJP missing a strong CM candidate this time?
We have a lot of leaders with us. Who knew Satish Upadhyay? But today everyone knows him. The party has a lot of talent. So we will find the best talent.
Is the BJP ready for polls in Delhi?
We have to be. We are a political party. We don't have any other option.
AAP has accused the BJP of trying to buy their MLAs.
Did we ask Binny to leave? Did we tell Shazia Ilmi to quit? Were we responsible for Yogendra Yadav's resignation? This is their fear psychosis talking. We have nothing to do with them. These are false allegations, they have no meaning.
In media reports, you are quoted as saying AAP has no vote-bank.
I don't say they don't have a vote bank. AAP was a momentary thing. It was a by-product of the Anna movement. People were fed up with the Sheila Dikshit government and they thought they had an option in AAP. And AAP got 28 seats. If this was their vote-bank what happened in the Lok Sabha polls? Around the country, their candidates lost their deposit in over 400 seats.
They did however increase their vote-share in Delhi .What is your strategy to deal with AAP?
AAP and Congress are the same. There is no difference between them.
The Congress has launched an aggressive campaign over the power crisis and price rise. How do you plan to counter that?
The Congress has no other option. My political strategy is very clear. This is a legacy of the previous government. With the Modi government taking charge, you will see that in the coming quarters, the people who are making fun of acche din, will have to eat their words. Action is more important than words. The Congress is frustrated. We are not threatened by them at all.
Is Arvind Kejriwal a concern for the BJP?
I don't see Kejriwal in isolation. Be it Kerjiwal, be it Congress, I see them as my Opposition. And the Opposition is a threat.Reply
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Wednesday, July 16, 2014
Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE
"run with the hare and hunt with the hounds" This is aptly applicable to our courts,. We have seen that whenever popular sentiments are against establishments our constitutional courts used to pretend that, they are the only perfect institution. In fact many a time courts are part of the rotten establishments. They are helpful to the mighty politicians and corporates and not the common man. A simple matrimonial dispute used do take many hours in Supreme Court if the appearing lawyers are highly paid seniors. They used to settle and pass Mutual consent decrees after by passing mandatory separation period when husband and wife are rich and appearing through big seniors. Known Judicial officer's kith and kin lawyer will get patient hearing but vigilant petitioner- in-person will not be allowed to open his mouth. Our constitution had been amended very vigorously by the political class with active support from the Supreme Court. Supreme Court has introduced a Basic Structure theory without any justification or reason with an intention to curtail basic fundamental rights. In the past many people had been deprived of their fundamental rights and all the time while declaring the law Supreme Court had given justification for that infringements. They will re-wright law for helping the political class and corporate and not for the common man.
On Thu, Jun 26, 2014 at 8:09 PM, Dr. J. K. Chaudhry <jkchaudhry@gmail.com> wrote:
Central bank van robbery case,rich brat,only son of a widow,sentenced to death for shooting dead guard of looted van carrying Rs.6 lacs.His appeal rejected by Sup. ctRe appeal rejected.Re re appeal rejectedRe re re appeal rejected.......till 6 th one,changed from death to life imprisonment,......by now,full period of incarceration OVER,.....walks out free.Those who remember this case,may recollect rumors of cost to mother with landed property in Sundarnagar etc.J.K.Chaudhry
Sent from my iPadThis is a valid point. However these two points need to be understood:1. For individuals going on appeals after appeals is not exactly a viable proposition, so in individual cases it should be subject wise. Some may be permitted only one appeal, some two. Look at the way Raja and Kanimozhi went on with repeated applications for bail to the apex court and not even once did the apex court turn them down straight away!2. The next is the question of cases involving government. Here there are two things. Firstly, even when the mistake/crime is that of a particular employee the case is fought on tax payer's money and invariably the employee is not even made to appear in court and suffer the torture as ordinary litigants (you need to be a party in a case in court to realise the magnitude of this torture!) This should go. The employee involved should be party to the case and should fight the case like any ordinary litigant. Only if the ultimate decision is in favour of the employee and benefits the state the cost can be refunded along with some compensation for the effort. The next is that the govt continues to go on appeals after appeals just because, again, it is the tax payers' money that is being wasted. Hence in these cases, irrespective of the subject, it may be necessary to restrict the number of appeals to just one.regards n bwraviOn Mon, Jun 23, 2014 at 4:34 PM, Tridib Roy Chowdhury <tridibroychowdhury@gmail.com> wrote:
We need to decide on creating a class of cases, and each class has a limited set of appeals. Going to the SC should be restricted to only issues of constitutional or national importance.If I file in Sessions court, I should be allowed to appeal to Appeals Court or the HC. But, if I loose then, that should be it.We do this single judge bench, then division bench, then full bench.Great for lawyers, though. And given the number of lawyers we have on both sides of the aisle , let us see what happens.On Mon, Jun 16, 2014 at 9:41 AM, Forum for Fast Justice <fastjustice@gmail.com> wrote:
SUPREME COURT CRYING FOR JUSTICE
Appex Court appeals to the Parliament for legislating appropriate laws and to the Government for rationalising decision making process for stemming vicious and frivolous cases and appeals being filed. Read the last paras in the Surbroto Roy Sahara's recent Supreme Court Judgement.
(Bhagvanji Raiyani)
Chairman & Managing Trustee
Forum For Fast Justice
"REPORTABLE"
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 57 OF 2014
Subrata Roy Sahara …. Petitioner
versus
Union of India and others …. Respondents
J U D G M E N T
Jagdish Singh Khehar, J.
149. A lot of these hearings consumed this Court's full working day. Hearing of the main case, consumed one full part, of the entire summer vacation (of the Supreme Court) of the year 2012. For the various orders passed by us, including the order dated 31.8.2012 (running into 269 printed pages) and the present order (running into 205 printed pages), substantial Judge hours were consumed. In this country, judicial orders are prepared, beyond Court hours, or on non-working days. It is apparent, that not a hundred, but hundreds of Judge hours, came to be spent in the instant single Sahara Group litigation, just at the hands of the Supreme Court. This abuse of the judicial process, needs to be remedied. We are, therefore of the considered view, that the legislature needs to give a thought, to a very serious malady, which has made strong inroads into the Indian judicial system.
150. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault? The suggestion to the legislature is, that a litigant who has succeeded, must be compensated by the one, who has lost. The suggestion to the legislature is to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a "Code of Compulsory Costs".
151. We should not be taken to have suggested, that the cost of litigation should be enhanced. It is not our suggestion, that Court fee or other litigation related costs, should be raised. Access to justice and related costs, should be as free and as low, as possible. What is sought to be redressed is a habituation, to press illegitimate claims. This practice and pattern is so rampant, that in most cases, disputes which ought to have been settled in no time at all, before the first Court of incidence, are prolonged endlessly, for years and years, and from Court to Court, upto the highest Court.
152. This abuse of the judicial process is not limited to any particular class of litigants. The State and its agencies litigate endlessly upto the highest Court, just because of the lack of responsibility, to take decisions. So much so, that we have started to entertain the impression, that all administrative and executive decision making, are being left to Courts, just for that reason. In private litigation as well, the concerned litigant would continue to approach the higher Court, despite the fact that he had lost in every Court hitherto before. The effort is not to discourage a litigant, in whose perception, his cause is fair and legitimate. The effort is only to introduce consequences, if the litigant's perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same. In the present setting of the adjudicatory process, a litigant, no matter how irresponsible he is, suffers no consequences. Every litigant, therefore likes to take a chance, even when counsel's advice is otherwise.
153. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law. The present case, is a classic illustration of what we wish to express. Herein the regulating authority has had to suffer litigation from Court to Court, incurring public expense in its defence, against frivolous litigation. Every order was consistently and systematically disobeyed. Every order passed by the SEBI was assailed before the next higher authority, and then before this Court. Even though High Courts have no jurisdiction, in respect of issues regulated by the SEBI Act, some matters were taken to the High Court of Judicature at Allahabad (before its Lucknow Bench). Every such endeavour resulted in failure, and was also sometimes, accompanied with strictures. Even after the matter had concluded, after the controversy had attained finality, the judicial process is still being abused, for close to two years. A conscious effort on the part of the legislature in this behalf, would serve several purposes. It would, besides everything else, reduce frivolous litigation. When the litigating party understands, that it would have to compensate the party which succeeds, unnecessary litigation will be substantially reduced. At the end of the day, Court time lost is a direct loss to the nation. It is about time, that the legislature should evolve ways and means to curtail this unmindful activity. We are sure, that an eventual determination, one way or the other, would be in the best interest of this country, as also, its countrymen.
…………………………….J.
(K.S. Radhakrishnan)
…………………………….J.
(Jagdish Singh Khehar)
New Delhi;
May 6, 2014.
--
- Tridib Roy Chowdhury
(+91 99809 33409)
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[IAC#RG] Fwd: New post "New chief of Delhi BJP - ..." in [Supporters of BJP and Narendra Modi]
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Tuesday, July 15, 2014
Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE
The Judges are sitting as expert in every matter and in every subject. The Supreme Court it self is violating fundamental rights . The matters filed by party in person are heard lastly and matters are listed at the bottm. Right to file writ petition u/a 32 of constitution but party person is compelled to request to court to allow him to file writ petition This is deadly unconstitutional decision.
Supreme Court is protecting corrupt decision of imposing bar examination which is deadly unconstitutional but petition challanging bar exam is kept pending purposefully by Supreme Court and Supreme Court want to see Ad Gopal Surahmanyam as Judge of SCI the person who took unconstitutional decision and acted like dectator.The High Court judges are not reading notes of arguments and hearing only 10 to 20 % arguments and pasing order in final hearing matter instead of passing judgment. The judges are not knowing that there is no limitation for filing writ petition.How you can say SCI is cryingOn Thu, Jun 26, 2014 at 8:45 PM, Dr. J. K. Chaudhry <jkchaudhry@gmail.com> wrote:
There are well known cases,where judgement wasNEVER delivered by Supreme Court.Do you believe?Devi Lal oath of office in union cabinet.J.K.Chaudhry
Sent from my iPadIt is said that justice delayed is justice denied. There is one case pending in the high court for the last 7 yrs and GOK when the judgement will be issued also whether it will be delivered during my life time ( I am now 81)Some one from the high court may know my plight.
Sent from my iPadIt is the courts and courts only which are responsible not only for the subversion of the justice delivery system but for the increasing lawlessness and crimes. Just ask how many times the apex court had entertained bail applications of Raja and Kanimozhi? And now they are shamelessly trying to pass on the buck to the Parliament. Why courts, even quasi judicial organisation have been following the bad example of courts and have been only draining the exchequer without delivering even 1 percent of what they are tasked to deliver. The district forum in Palakkad had been adjourning a consumer complaint of a complainant in the adjoining district involving a doctor for years on end. Almost after ten years I sought info on the status of the complaint. I got the info that it is pending. But at the next date for hearing it was dismissed! I complained to the minister for consumer affairs and the chief minister here. Nothing happened, except that in response to the complaint to the CM the President of the Forum said that the stipulation of three months for disposing a complaint is only a guideline and that was it! For details please read my blogs:Obnoxious functioning of consumer fora/commissions- letter to minister (of 8/1/11) atChief MInister's Contact Program-consumer fora atACCESS TO JUSTICE-A STAKE HOLDER'S REPORT atFRAUD IN GOVERNANCE AND REDRESSAL OF PUBLIC GRIEVANCES atEight years of right to information: Are those responsible for governance idiots or traitors? atand more...regards n bwraviOn Mon, Jun 16, 2014 at 9:41 AM, Forum for Fast Justice <fastjustice@gmail.com> wrote:
SUPREME COURT CRYING FOR JUSTICE
Appex Court appeals to the Parliament for legislating appropriate laws and to the Government for rationalising decision making process for stemming vicious and frivolous cases and appeals being filed. Read the last paras in the Surbroto Roy Sahara's recent Supreme Court Judgement.
(Bhagvanji Raiyani)Chairman & Managing TrusteeForum For Fast Justice
"REPORTABLE"IN THE SUPREME COURT OF INDIACRIMINAL ORIGINAL JURISDICTIONWRIT PETITION (CRIMINAL) NO. 57 OF 2014
Subrata Roy Sahara …. PetitionerversusUnion of India and others …. Respondents
J U D G M E N TJagdish Singh Khehar, J.
149. A lot of these hearings consumed this Court's full working day. Hearing of the main case, consumed one full part, of the entire summer vacation (of the Supreme Court) of the year 2012. For the various orders passed by us, including the order dated 31.8.2012 (running into 269 printed pages) and the present order (running into 205 printed pages), substantial Judge hours were consumed. In this country, judicial orders are prepared, beyond Court hours, or on non-working days. It is apparent, that not a hundred, but hundreds of Judge hours, came to be spent in the instant single Sahara Group litigation, just at the hands of the Supreme Court. This abuse of the judicial process, needs to be remedied. We are, therefore of the considered view, that the legislature needs to give a thought, to a very serious malady, which has made strong inroads into the Indian judicial system.150. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault? The suggestion to the legislature is, that a litigant who has succeeded, must be compensated by the one, who has lost. The suggestion to the legislature is to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a "Code of Compulsory Costs".151. We should not be taken to have suggested, that the cost of litigation should be enhanced. It is not our suggestion, that Court fee or other litigation related costs, should be raised. Access to justice and related costs, should be as free and as low, as possible. What is sought to be redressed is a habituation, to press illegitimate claims. This practice and pattern is so rampant, that in most cases, disputes which ought to have been settled in no time at all, before the first Court of incidence, are prolonged endlessly, for years and years, and from Court to Court, upto the highest Court.152. This abuse of the judicial process is not limited to any particular class of litigants. The State and its agencies litigate endlessly upto the highest Court, just because of the lack of responsibility, to take decisions. So much so, that we have started to entertain the impression, that all administrative and executive decision making, are being left to Courts, just for that reason. In private litigation as well, the concerned litigant would continue to approach the higher Court, despite the fact that he had lost in every Court hitherto before. The effort is not to discourage a litigant, in whose perception, his cause is fair and legitimate. The effort is only to introduce consequences, if the litigant's perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same. In the present setting of the adjudicatory process, a litigant, no matter how irresponsible he is, suffers no consequences. Every litigant, therefore likes to take a chance, even when counsel's advice is otherwise.153. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law. The present case, is a classic illustration of what we wish to express. Herein the regulating authority has had to suffer litigation from Court to Court, incurring public expense in its defence, against frivolous litigation. Every order was consistently and systematically disobeyed. Every order passed by the SEBI was assailed before the next higher authority, and then before this Court. Even though High Courts have no jurisdiction, in respect of issues regulated by the SEBI Act, some matters were taken to the High Court of Judicature at Allahabad (before its Lucknow Bench). Every such endeavour resulted in failure, and was also sometimes, accompanied with strictures. Even after the matter had concluded, after the controversy had attained finality, the judicial process is still being abused, for close to two years. A conscious effort on the part of the legislature in this behalf, would serve several purposes. It would, besides everything else, reduce frivolous litigation. When the litigating party understands, that it would have to compensate the party which succeeds, unnecessary litigation will be substantially reduced. At the end of the day, Court time lost is a direct loss to the nation. It is about time, that the legislature should evolve ways and means to curtail this unmindful activity. We are sure, that an eventual determination, one way or the other, would be in the best interest of this country, as also, its countrymen.…………………………….J.(K.S. Radhakrishnan)…………………………….J.(Jagdish Singh Khehar)New Delhi;May 6, 2014.
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Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE
There are well known cases,where judgement wasNEVER delivered by Supreme Court.Do you believe?Devi Lal oath of office in union cabinet.J.K.Chaudhry
Sent from my iPadIt is said that justice delayed is justice denied. There is one case pending in the high court for the last 7 yrs and GOK when the judgement will be issued also whether it will be delivered during my life time ( I am now 81)Some one from the high court may know my plight.
Sent from my iPadIt is the courts and courts only which are responsible not only for the subversion of the justice delivery system but for the increasing lawlessness and crimes. Just ask how many times the apex court had entertained bail applications of Raja and Kanimozhi? And now they are shamelessly trying to pass on the buck to the Parliament. Why courts, even quasi judicial organisation have been following the bad example of courts and have been only draining the exchequer without delivering even 1 percent of what they are tasked to deliver. The district forum in Palakkad had been adjourning a consumer complaint of a complainant in the adjoining district involving a doctor for years on end. Almost after ten years I sought info on the status of the complaint. I got the info that it is pending. But at the next date for hearing it was dismissed! I complained to the minister for consumer affairs and the chief minister here. Nothing happened, except that in response to the complaint to the CM the President of the Forum said that the stipulation of three months for disposing a complaint is only a guideline and that was it! For details please read my blogs:Obnoxious functioning of consumer fora/commissions- letter to minister (of 8/1/11) atChief MInister's Contact Program-consumer fora atACCESS TO JUSTICE-A STAKE HOLDER'S REPORT atFRAUD IN GOVERNANCE AND REDRESSAL OF PUBLIC GRIEVANCES atEight years of right to information: Are those responsible for governance idiots or traitors? atand more...regards n bwraviOn Mon, Jun 16, 2014 at 9:41 AM, Forum for Fast Justice <fastjustice@gmail.com> wrote:
SUPREME COURT CRYING FOR JUSTICE
Appex Court appeals to the Parliament for legislating appropriate laws and to the Government for rationalising decision making process for stemming vicious and frivolous cases and appeals being filed. Read the last paras in the Surbroto Roy Sahara's recent Supreme Court Judgement.
(Bhagvanji Raiyani)
Chairman & Managing Trustee
Forum For Fast Justice
"REPORTABLE"
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO. 57 OF 2014
Subrata Roy Sahara …. Petitioner
versus
Union of India and others …. Respondents
J U D G M E N T
Jagdish Singh Khehar, J.
149. A lot of these hearings consumed this Court's full working day. Hearing of the main case, consumed one full part, of the entire summer vacation (of the Supreme Court) of the year 2012. For the various orders passed by us, including the order dated 31.8.2012 (running into 269 printed pages) and the present order (running into 205 printed pages), substantial Judge hours were consumed. In this country, judicial orders are prepared, beyond Court hours, or on non-working days. It is apparent, that not a hundred, but hundreds of Judge hours, came to be spent in the instant single Sahara Group litigation, just at the hands of the Supreme Court. This abuse of the judicial process, needs to be remedied. We are, therefore of the considered view, that the legislature needs to give a thought, to a very serious malady, which has made strong inroads into the Indian judicial system.
150. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault? The suggestion to the legislature is, that a litigant who has succeeded, must be compensated by the one, who has lost. The suggestion to the legislature is to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a "Code of Compulsory Costs".
151. We should not be taken to have suggested, that the cost of litigation should be enhanced. It is not our suggestion, that Court fee or other litigation related costs, should be raised. Access to justice and related costs, should be as free and as low, as possible. What is sought to be redressed is a habituation, to press illegitimate claims. This practice and pattern is so rampant, that in most cases, disputes which ought to have been settled in no time at all, before the first Court of incidence, are prolonged endlessly, for years and years, and from Court to Court, upto the highest Court.
152. This abuse of the judicial process is not limited to any particular class of litigants. The State and its agencies litigate endlessly upto the highest Court, just because of the lack of responsibility, to take decisions. So much so, that we have started to entertain the impression, that all administrative and executive decision making, are being left to Courts, just for that reason. In private litigation as well, the concerned litigant would continue to approach the higher Court, despite the fact that he had lost in every Court hitherto before. The effort is not to discourage a litigant, in whose perception, his cause is fair and legitimate. The effort is only to introduce consequences, if the litigant's perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same. In the present setting of the adjudicatory process, a litigant, no matter how irresponsible he is, suffers no consequences. Every litigant, therefore likes to take a chance, even when counsel's advice is otherwise.
153. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law. The present case, is a classic illustration of what we wish to express. Herein the regulating authority has had to suffer litigation from Court to Court, incurring public expense in its defence, against frivolous litigation. Every order was consistently and systematically disobeyed. Every order passed by the SEBI was assailed before the next higher authority, and then before this Court. Even though High Courts have no jurisdiction, in respect of issues regulated by the SEBI Act, some matters were taken to the High Court of Judicature at Allahabad (before its Lucknow Bench). Every such endeavour resulted in failure, and was also sometimes, accompanied with strictures. Even after the matter had concluded, after the controversy had attained finality, the judicial process is still being abused, for close to two years. A conscious effort on the part of the legislature in this behalf, would serve several purposes. It would, besides everything else, reduce frivolous litigation. When the litigating party understands, that it would have to compensate the party which succeeds, unnecessary litigation will be substantially reduced. At the end of the day, Court time lost is a direct loss to the nation. It is about time, that the legislature should evolve ways and means to curtail this unmindful activity. We are sure, that an eventual determination, one way or the other, would be in the best interest of this country, as also, its countrymen.
…………………………….J.
(K.S. Radhakrishnan)
…………………………….J.
(Jagdish Singh Khehar)
New Delhi;
May 6, 2014.
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