Archive for August, 2007



SC Sets Aside Yet Another 498A Conviction-Jun 2007

I sometimes wonder what would happen if the present crop of judges were to retire. Will the next generation of judges display the same clarity of thought and action?

Here is the link to the judgment:SC Sets Aside Yet Another 498A Conviction-Jun 2007

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Global Warming And Water Wars

Here are two articles from the Washingtonpost.

As a nation and a race, we have a lot to worry about. Meanwhile our national attention is being diverted towards issues like the 498A, the DV Act and the silliness of pussy politics.

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National Criminal Justice Reference Service

Here is the link. The source is the home page of Dr Arvind Verma

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SC: Concensual Sex Not Rape

NOTE: I sourced this judgment from a dynamic young lawyer.

I am amazed that it took the Supreme Court to drill some sense into the women who willingly consent to a sexual relationship and then scream ‘rape’ when the marriage doesn’t materialize.

We are turning into a land of promiscuous morons and wannabe victimized virgins.

Here is the link to the HT article

Here is the judgment: SC: Concensual Sex Not Rape

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A Guide To Court Procedures In India

Folks,
What are the procedures that are followed when a case goes to court?I don’t know and I am sure that you don’t know either. I am searching/looking for this info and it would be great if someone could gift me this information. I found this book called “A Handbook Of Court Procedures In India” at this site.
Here is an Alternative site.
Here is an overview of the book: ” There is a general feeling among Indians that resorting to court proceedings leads to empty-wallets and heavy heads. This feeling is partly attributable to lack of awareness among common folk about court procedures in India. The present work is an attempt to bring this basic awareness in the litigant’s mind that courts are meant to serve the people by providing the necessary relief. Basic knowledge of court procedures has become a necessity in the modern complex societies. This work envisages a utility not only for the general public but also for the students of law who enter the courts with no knowledge of court procedures.”
This is a good place to start. I will post more info as I go along.

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Clarification On NRI Divorces

I am revisiting an old case, the YN Rao vs Venkatalaxmi, NRI divorce case. The crux of the matter is that the Supreme Court has stated, according to the article in TOI given below, that a foreign court has no authority to dissolve a marriage under the Hindu Marriage Act, IF, the person who filed the case in the foreign court is not domiciled (a permanent legal residence) in the jurisdiction of the foreign court.

Here is the link to the YN Rao Vs Venkatalaxmi judgment

Please read this article to understand what the court meant.

Finally read this post to understand the reality of broken NRI marriages and Indian court judgments

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Students Who Find Jobs Abroad To Be Taxed

This is a deviation from 498A and related issues, but it fits in with the idiocy that appears to have taken over some of the ministries of the GOI. This time, it is the HRD ministry.

Here is the article

Basically the HRD ministry, headed by the accused in a 498A, Arjun Singh, has come up with another asinine proposal whereby students who graduate from the IITs and the IIMs (maybe other places too) will now need to pay if they find jobs in other countries. They are planning to call it “graduate tax” and “exit tax”,

If the country needs money so desperately, sure, no problem. I am sure the students will willingly pay taxes. Would GOI also consider widening the tax base to include, the friends and relatives of the ruling establishment? I guarantee that this will definitely bring in more money into the treasury than the taxing a few students.

GOI should remember, that it is the Indian students who have gone on to hold high positions in high tech US companies, and it is they who are contributing to the outsourcing boom in the country by steering business to India.

Any moron who suggests that expat students have not given back to their motherland, is just that, a moron.

Just another question. All of us pay taxes regularly and honestly. No choice there as we are taxed at source. The question I have is, what has the GOI given back to us, the average citizens? We can’t even walk into a govt office without having to pay a bribe.

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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