Archive for the 'India' Category

SC: The Mother Is Not Always The Natural Guardian – 2004

This is the Anil Kumble case. It is remarkable, the manner in which all the parties conducted themselves so decently.

Here is the news article from TOI.

Here is the judgment: SC: The Mother Is Not Always The Natural Guardian

This judgment appears to contradict the Gita Hariharan case (1999), but a close reading shows that the SC is giving the well being of the child,  the most importance.

________________________________________________

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.

______________________________________

Criminal-Politician Nexus Getting Stronger

Here is the article from Tribune India

________________________________________

An Example Of A Writ Mandamus-The Shankaracharya Case

I had written about restraining a police officer from abusing his powers in a previous post

Here is the excerpt from the judgment from that post that explains writ mandamus:

“It appears to us that, though the Code of Criminal Procedure gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a remedy by invoking the power of the High Court under Article 226 of the Constitution under which, if the High Court could be convinced that the power of investigation has been exercised by a police officer mala fide, the High Court can always issue a writ of mandamus restraining the police officer from misusing his legal power”

I was looking for a good example of a judgment in response to a writ mandamus petition. I found a great example. This is the case of the Kanchi Shankaracharya who got entangled in a criminal case.

Looks like the police froze the accounts of the trust he runs and subsequently, the writ mandamus was filed and upheld by the Chennai High Court.

The Hon’ble judge says:

“Prof.Wade, in his magnum opus “ADMINISTRATIVE LAW”, (9th Edition – Page 343), observes as follows, while dealing with “Restriction of Discretion”: ” The first requirement is the recognition that all power has legal limits. The next requirement, no less vital, is that the courts should draw those limits in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen. Parliament constantly confers upon public authorities powers which on their face might seem absolute and arbitrary. But arbitrary power and unfettered discretion are what the courts refuse to countenance. They have woven a network of restrictive principles which require statutory powers to be exercised reasonably and in good faith, for proper purposes only, and in accordance with the spirit as well as the letter of the empowering Act.”

I am adding this here, as the cops play the role of the intimidator, bounty hunter, goon and extortionist in almost all 498A cases. A writ mandamus is one of the means to put them in their place. If you need more convincing, re-read the excerpt from the judgment above.

Here is the judgment: Chennai HC: An Example Of A Writ Mandamus

___________________________________

Its Governance Stupid !

Chidambaram and Shourie get it.

I’ve always said the key to staying in power is proper governance.

______________________________________

Interpol Global Standards To Combat Corruption In Police Forces

The Interpol document on combating police corruption

_______________________________________

Doctrine Of Basic Structure Of The Constitution

You can understand what this is about from this article in TOI

You can read about it here: Basic Structure Of The Constitution

____________________________________________


Visitors Since Mar/14/07

  • 3,278,941

Cluster Map

Live Traffic

Archives

Top Rated Posts

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.

Copyright Notice:

The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

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.

Get Adobe Acrobat Reader

You will need adobe acrobat to read most of the documents. Please download adobe acrobat reader. Get Adobe Acrobat For Your System
October 2019
M T W T F S S
« Nov    
 123456
78910111213
14151617181920
21222324252627
28293031  

%d bloggers like this: