June 28, 2012

How vilage women can use Consumer Law very EASILY by posting complaints?


This post is to say how Consumer Law Can be Introduced to Village Women.


They must be told:


1) Consumer Courts are free.
They are made to protect consumers.
Lawyers are not necessary.
One village woman can file and argue consumer cases for ALL other Women.

2) When they can complain:


a) If a shop keeper is not giving bills for purchased items to anyone.


b) If goods given are defective and not good.


c) If some Service is hired, like laundry clothers, camera for wedding, transport service, insurance non payment etc.

3) How they can complain? How should they go about introducing Consumer Law to Villages?

These are important steps:


1) First, print a pamphlet that Few Women have Set up A Consumer Forum and they will complain for all in villages, if a) Bills are not given by shop keepers and (b) if goods supplied are bad.


2) Circulate these pamphlets to all Shops in Village.


Thereafter what ?


Then if any complaints comes that a shop keeper is not giving bill, file a consumer complaint.


If complaints in any goods supplied comes, file complaints.


4) Samples of Ready-made Complaints


An address of nearest Consumer Court should be given to village women


Few Samples of Complaint can be collected from this nearest court and Can be given to village women.


They should be told that Complaints with Copies Can be sent by POST also to consumer Court.

5) What Details Should be Minimum Given in Complaint


1) Name and full address of complainant, Names and full address of Shop


2) When did the goods were purchased? Was any bill or receipt given? If not given say so. If given, attach copies. If Bill is not given, say who was with you when you purchased. He/She may become a WITNESS.


3) Say what defects are found


That is enough. Minimum.

6) What Consumer Court will do?


They will call the shop keeper and decide the case.





Haresh Raichura

28/6/2012

June 26, 2012

Supreme Court on Misuse of Sec.149 of Indian Penal Code

When this Sec.149 is misused, an innocent person can go to Life Imprisonment!

This is really scary!

When few person form a group and crime is committed by a group this section 149 applies.

It speaks about such unlawful assembly and "EVERYONE" in group is equally liable.

In 2010(9) Sclae 57, on page 59 in para 6, Supreme Court said,

"Where deep enmities is admitted with history series of murders and attempted murders interse, and political rivalaries going back for years together, a case of false implication is a clear possibility"

It is for these reasons, mere evidence of eye witness not enough. The court will look for some independent corroboration to what witnesses are saying.

Haresh Raichura
26/6/2012 

Allegation of Rape by a "Multi Persons Lady"- SC acquits two persons

Two courts below have convicted appellants.

SC set aside conviction and acquitted two persons.

SC noticed:

1) Deep enmity between two families.
2) Land dispute
3) FIR after 3 days
4) No injury on body of prosecutrix
5) Lady Doctor opined that prosecutrix was a 'multi person lady'
6) Clothes not sent to laboratory
7) Investigating Officer did not came in witness box.

Well, imagine the mental agony of these two persons. We also wonder how High Court and Trial Court failed to notice above things.

Re: 2010 (9) Scale 54

Haresh Raichura
26/6/2012

Supreme Court Says,"We have to develop a culture of zero tolerance corruption"

The above sentence is recorded by a Bench of Justice Dalveer Bhandari and Justice Deepak Verma in Case of People's Union For Civil Liberties v/s Union of India , 2010 (9) Scale 37 on page 38 in para 9 on 31.8.2010

The Court took notice of :


1) Times of India report which said that Orissa alone 2,50,000 bogus cards while making this observation.

The Court also suggested Union Govt:

2) To discontinue supply of subsidized food to families having income of more than Rs. 2 Lakh per year.
The Court so no justification for giving subsidized food to such people.

Haresh Raichura
26/6/2012

Farmers Deaths Due to Harmful exposures to Pesticides in Warangal Dist of Andhra Pradesh

A Criminal Complaint was filed under Sec.120B, 34,500, 501 and 502 of IPC. against a company alleging that due to Harmful Exposure to Pesticides, Farmers deaths occurred.

The Complaint however did not contain allegations which may contain ingredients of above sections. Taking over all view and studying reports of Fact Finding Committee, the Supreme Court quashed the complaint.

The details can be found at 2010 (9) Scale 23.

LESSON: Such a complaint should contain necessary ingredients of offence.


Haresh Raichura
26/6/2012

When An Activist-Citizen Can Say That Government body passed some order with "Malice and ill will' against him?"

The Government and semi-government bodies are in number of thousands or lakhs.

Often they pass wrong order against some Activist-citizens, with some kind of Malice, ill will or for some kind of revenge.

In law, the words for such action is "Legal Malice"

When any Govt. or Semi Govt body passes any order "without a legal excuse or power to do so, in complete disregard to right of others" it can be said that order is passed with Legal Malice and Courts can set aside such order.

Detailed Law and further analysis in this regard can be found in Case of Kalabharti Advertising reported in 2010(9) Scale page 60 on page 69 para 25

Haresh Raichura
26/6/2012

SC: Fine imposed on litigants to be deposited in a Special Fund. Is this not indirect taxing by Courts?

When parties are delaying cases by not taking up necessary steps, courts often impose fines. When some PIL is filed without any seriousness, just to seek publicity or to harass someone or to benefit someone, the courts may impose fine on parties. Sometimes fine from Rs.1000, may go up to Rs.1 lakh

If a party do not pay fine or if he is poor, the consequences may follow which may include imprisonment or recovery as land revenue dues.

In 2010 (8) Scale 450, Supreme Court observed in para 5 about setting up a Special Purpose Vehicle. (Fund) in which such fine amount will be deposited.

The amount gathered will be utilized for Judicial Infrastructure.
My own knowledge is very limited about legal powers of courts to impose fine and use fine for judicial purposes. To my mind this amounts taxing by courts. But anyway, my view can be wrong as I have not examined earlier decisions on issue.

Haresh Raichura
26/6/2012

Check Dishonor Cases- Delhi High Court Guidelines

Check dishonour cases are clogging the judiciary.

Delhi High Court laid down a 5 Step Formula for early disposal of such cases which are summary in nature.

For those who need to read more, the judgement is titled Rajesh Agrwal V/s State Reported in 2010(8)Scale Journal Section page J-1 Matter number is Crl. Misc No, 1996 of 2010 order dated 28 July 2010

Haresh Raichura
26/6/2012

June 25, 2012

Supreme Court PIL for Infrastructure of Subordinate Judiciary

In case of All India Judges Asson & ors v/s Union of India, Supreme Court is monitoring steps being taken for development of Infrastructure in Subordinate Judiciary.

Detailed order can be seen at 2010. (8) Scale 450

Haresh Raichura
25/6/2012

If you see open borewell anywhere tweet photo and if possible write District Magistrate with reference of SC Judgement.

If you are in village or City or if you see any open bore well, pothole or man hole in which a child can fall,

And if you are an activist, then here is a weapon through which you can force District Magistrate and other authorities to move into action.

Way back since August 2010' Supreme Court has issued various guidelines to Government and District Magistrate authorities to take steps to prevent accidents of children falling in wells and borewells.

It is now upon people and authorities to impiment these directions.

A simple notice to District magistrate, along with reference of Supreme Court Judgement, may be enough to move government in action.

People can also file writ in High Court if they see that District Magistrate or other authorities are not complying with guidelines.

People can also drop a letter with details of open borewell and reference of SC judgement to PIL cell of Supreme Court.

The more details guidelines can be found/ traced in law reports, Supreme Court Judgement 2010 (8) Scale page 448 on page 449 and case titled In Re: Measures for Prev. of Fatal Acc. Vs. Union of India & Ors. Order dated 6/8/10


Haresh Raichura
25/6/2012

June 24, 2012

Legal Games(2) Charge framed that accused molested 'PD' instead 'SD'- (?) Acquitted to be tried again

In 1996, A complaint was lodged that accused molested one 'SD'

By mistake charge wrongly framed. Charge was framed that accused molested one 'PD'

Accused kept saying No.

However accused was convicted for molesting SD by Magistrate.

Appeal court confirmed.
High Court also confirmed conviction.

Supreme Court, in 2010, held that accused was wrongly convicted.

It set aside conviction and ordered retrial (after 14 years) of case after correcting charge.

Re 2010 (9) Scale 98 on 107 para 14

Haresh Raichura
24/6/2010


Bank Emplyee: Disciplinary authority must record reasons if it disagrees with Inquiry

Bank employees are governed by special laws.

In one case of an employee of Punjab National Bank, the Court observed that Disciplinary authority was bound to record reasons if it disagreed with finding of inquiry officer

Re:2010 (9) Scale 107 on 116 para 23

Haresh Raichura
24/6/2012

Supreme Court: Judicial or Quasi Judicial Authorities must give Reasons

The question before Supreme Court was whether National Commission was bound to record reasons while dismissing a revision petition.

The court said Yes.

It said modern way is every judicial and Quasi judicial authority should give reasons in support of it's decision.

The court laid down it's conclusions a) to o) in this judgement.

Re: Kranti Associates vs Masood khan 2010 (9) Scale 199 on page 208

USE of this CASE

Any order by judicial or semi-judicial authority can be challenged in court on basis of guidelines a) to o) in the judgement.

Haresh Raichura
24/6/2012

June 22, 2012

Empowering Citizens against #corruption :How to Remove a CHAIRMAN of a Municipality : on ground of corruptmisconduct

All over India, in each states there are Municipal Laws.

Under these laws,

1). complaints can be filed to Authorities to remove a Chairman of Municipality on ground of corrupt misconduct.

2) If authorities do not take action, Writ can be filed in High Court to direct authorities to take actions.

3) A small book of Municipal Act can be found at law book store. Complaints should be made under specific provision of law. A lawyer friend can help in preparing complaint.

Latest law can be found at 2012(3)SCALE 301

Haresh Raichura
23/6/2012

Two Judges Differ. Is a HC judge entitled pension gratuity for period served as Consumer Forum Judge?

Two SC Judges differed on this issue on 29/2/2012 as there were conflicting decision. Now the matter will go to larger Bench

Case of The Accountant General vs S K Dubey 2012 (3) SCALE 124 on 146 para 73

June 18, 2012

Criminal Laws: Dara Singh Case: No justification for interfering insomeone's religious belief

This is a case were conviction for life imprisonment of one Dara Singh, who set some missionaries on fire, was confirmed by Supreme Court on 21.1.2011

A clarification was made in para 75 of judgement by Supreme Court on 25.1.2011, and earlier lines were replaced with following lines as under:

"There is no justification for interfering in someone's religious belief by any means."

Though this is one line clarification, it is warning to all people who engage in 'Religion Conversion Methods Applied on Poor"

Re: 2011(1) SCALE 741

Haresh Raichura
18/6/2012

Criminal Laws: Bail after conviction is not matter of right for convict. Anyone can oppose

After an accused is convicted, he files an appeal in Higher Court. Here he prays for bail.

In legal words, this is called Suspension of Sentence.

In case of Kanak Rekha Naik, Supreme Court has said two things:

1) A convict is not entitled to be granted bail as if it is his right. High Court has to record reasons for granting bail.

2) Anyone can file an Intervenor Application and can argue that the Convict should not be granted bail.

Re: 2011(1) SCALE 736 page 740 para 11,12

Haresh Raichura
18/6/2012

Juvenile Justice: Question whether accused was minor or not at time of offence, cannot be deferred

In an appeal, a question about minority of accused was raised. High Court directed that this question will be considered at the time of final hearing of appeal.

Supreme Court said no, this question has to be decided and it cannot be differed till final hearing of appeal.

Re: 2012(5)Scale page 47 on page 50 para 78

Haresh Raichura
18/6/2012

Child Custody Laws: Daughter wants to live with father. Mother can be given visitation rights

When a Hindu father and a mother are fighting legal battles to get custody of children, they are fighting under a law called, Hindu Minority and Guardianship Act, 1956.

The wishes of child determines fate of the case.

Supreme Court gave certain directions about custody of child to father and about visitation rights of mother.

Mediators were directed to observe behavior of parents and report to court.

Ref: 2012(5)SCALE 85 on page 86 para 4

Haresh Raichura
18/6/2012

Election Laws: Two Judges differ on whether election petition once filed can be amended later or not

To challenge someone's election is a serious matter. The law is very stringent. If petition is not properly drafted and filed in a hurry, it can be thrown out.

Once such a petition is filed to challenge Election on ground of Corrupt Practice, can this petition be modified, changed or amended at later stage.

Two Judges in Supreme Court has differed. One Judge says, yes it can be done. Other Judge says, No, it cannot be done.

The law will now have to be settled by a larger bench of Supreme Court

Ref: 2012. (5) Scale 90

Haresh Raichura
18/6/2012

Criminal Law: If you say that you killed in private defence, you have take plea of private defence and prove it in trial court.

In villages, sometimes aggressor party gets kille and real victim who tried to save himself is prosecuted as murderer.

In such a case, only defending oneself in trial is not enough. Sec.96 to 98 and 100 to 106 of IPC apply.

It is duty of accused to bring on record evidence to justify Private Defence, 1) By giving deposition on oath 2) Or through cross-examination of witnesses.

2012(5) SCALE 52 on page 57 para 13 Arjun's Case

Haresh Raichura
18/6/2012

Criminal Law: Fire in shop. 14 persons died. Sanction to prosecute granted after 3 years. Even then trial will be held

A fire broke out in a shop where explosive substances were kept. In fire 14 persons lost lives.

Sanction to prosecute was delayed. Given after three years.

In spite of this delay, the trial orderedto be continued as offence alleged were serious.

Ref: 2012(5) SCALE 4 on page 11 para 14

Haresh Raichura
18/6/2012

Criminal Laws: Law about Delay in Execution of Death Sentence and delay in Deciding mercy petitions against death sentences

Does the President of India have arbitrary powers to grant or reject a mercy petition against death sentence?
Is there any time limit for exercise of these powers?

These issues have caught Nation's Attention.

The following cases are pending in Supreme Court in above matter. Devender Pal Singh vs State of NCT, Mahendra Nath Das and L.K. Venkat vs UOI

Ref: 2012(5) SCALE 35 on page 38 para 10

There may be some other cases also.

In my view, at the end of the day, Supreme Court may have to frame reasonable guidelines about time frame.

Haresh Raichura
18/6/2012

Copyright laws: Copyright Board can't pass interim orders granting ad hoc compulsory licences

There is a Copyright Board for hearing disputes regarding copyrights.

But such Board has no power to grant interim order granting compulsory licese pending dispute.

Ref: Case of Super Cassate Ind vs Music Broadcast Pvt.Ltd. 2012(5)Scale page 142 on 157 para 42

Haresh Raichura
18/6/2012

Laws For Poor : Right to Food (Ration Card Shop System) PIL in Supreme Court

Since quite sometime, Supreme Court is issuing various directions for computerization of Ration Card Shops ( Public Distribution System) in India.

The corruption at ration card shop can be stopped only if computerization comes.

The PIL in Supreme Court is titled People's Union For Civil Liberties vs Union of India.

Vide 2011(1) SCALE 712

Haresh Raichura
18/6/2012

Must Rd for those in Courts: Why Justice differs from Judge to Judge when law is clear?

Criminal Law is a very easy and complicated subject.

(Now read above line again. On one hand it says that it is easy and in the same sentence it says that it is complicated subject)

What needs to be proved in case of a "Murder simpliciter when conviction is only under Sec. 302" ?

Point 1

If murder has taken place,Sec 302 is applied. But if it is a planned murder, planned jointly with few other persons, other Sections like 34, 120B, 149 etc are also attracted.

Difference in facts surrounding murder, decides which sections are attracted and what evidence are needed and what is 'commonly followed law' in such cases.


Point 2

Several persons killed a man. There were several injuries on body. Since there were no other evidences about pre-planning or such other facts to attract sections other than 302.

Trial Court convicted everyone whom police had made accused.

High Court re-looked at evidence and felt that after dead body was found, evidences appear to have been manipulated and it found that there is no evidence against any one except one person.

So it convicted one person and acqitted others.


Point 3

The One person who was convicted came to Supreme Court.

The Court noticed that conviction was only under 302. No other sections were applied. Others are also acquitted.

So this was only a conviction for 302 only.


Point 4

Then comes law. When Conviction is only under 302, it has to be proved that (1) Accsed is the author of injury inflicted (2) That the said injury was such that it could have caused death.

Here, the deadbody had several injury. It was not proved what was the injury of which accused, this person in appeal was the author.

Therefore, the accused was entitled to acquittal.

And he was acquitted.


WHY JUSTICE DIFFERS FROM JUDGE TO JUDGE


Some Judges go by purly legal considerations. To them criminla law is simple.

Conviction, if there is required evidence.

Acquittal, if required evidence is not there.

------- ------

Some Judges are moralistic.

They may say, "Look, a person's life is lost. All others are acquitted. Let at least this man remain in jail"

They may dismiss SLP in Supreme Court at admission stage itself.

I would call them Moralist Judges.

Outcome of cases before them is unpredictable.

Unpredictability leads to high fees of senior advocates and possible favouritism.

And corruption of some kind or other follows when criminal law is applied with unpredictability, uncertainity and moralistc views.

Case above, is reconstructed imaginarily by me from 2011 (1)Scale 649 page 651 para 8.

Views about judges are my personal and may be incorrect. One's views about judges depends on one's own exposure to judges.

Haresh Raichura
18/6/2012

Service Laws: Extraordinary Leave cannot be treated as period spent on duty.

In this case, Supreme Court was concerned with a Central Government Employee.

The Court was examining Rules of Central Civil Services (Pension) Rules, 1972

In this case  Extra Ordinary leave was granted to avoid break in service. It was not considered as period spent on duty by court. UOI Vs A.K. Sharma 2011 (1) SCALE 700 on page 703 para 9

In other cases of Extra Ordinary leave with medical certificate, different consideration may arise.

Haresh Raichura
18/6/2012





Social Reform Laws: Night Shelters for Poor in Big Cities of India

In a PIL, Supreme Court is trying to ensure that in every metro cities in India, night shelters for poor are set up and maintained by various state governments and their health authorities.

This PIL is titled People's Union for Civil Liberties Vs Union of India 2011 (1) Scale 712 in para 1

Haresh Raichura
18/6/2012

Social Reform Laws: Manual Scavenging and Dry Latrines to Go from India

The Law is since 1993.

But to enforce law, a PIL petition is in Supreme Court.

The Law is called " Employment of Manual Scavenging And Construction of Dry Latrines Prohibition Act, 1993.

In the PIL titled Safai Karmchari Andolan Vs Union of India, Supreme Court is issuing directions to various states in India to see that the law is enforced. 2011(1)Scale 708 page 709 para 2

Haresh Raichura
18/6/2012

Children Laws: If posts of teachers are not filled, it violates Art.21A

Children have Right to Education.

Free and Compulsory Education Act, 2009 has came in force.

In such circumstances, if there is inordinate delay in filing posts of teachers by governments, a writ petition can be filed against Government and Government Authorities to protect children's right to education under Art.21A

Vide Envioronmental  Consumer Protect Foundation vs Delhi Administration 2011(1)SCALE 709 on page 710 para 1

Haresh Raichura
18/6/2012

Public Laws: No limitation period for filing suit for removing encroachment on public road or street

So long as the obstruction in street or encroachment is subsisting, people have right to file suit for removal of such encroachment.

Because this is a continuous wrong. The period of limitation for filing suit does not come in the way.

Vide Hari Ram vs Jyoti Prasad 2011(1)SCALE 749 on page 755 para 18

Haresh Raichura
18/6/2012

Contempt Laws: Keep filing PIL petitions before different courts with oblique motive could amount to contempt

That is what it seems to have persuaded Supreme Court to issue notice as to why contempt proceedings should not be started or why alternatively he should not be fined with examplary costs.

It appeared to Supreme Court in case of Kalyneshwari vs Union of India 2011(1)SCALE 651 that the petitioner who had filed number of PIL to ban asbestos mining had been abusing process of court.

So while dismissing above petition, Supreme Court has issued notice as above on 21.1.2011. I have yet not checked or read final outcome of the matter.

In my view, I am personally against the use of Contempt Act against PIL Petitioners. As a collateral damage, this can discourage genuine public spirited people also from coming to court with a PIL. And this may not be good in long run


Haresh Raichura
18/6/2012

June 17, 2012

Weak Laws: How much amount Government can spend to sponsor Religious Activities?

Art.27 of the Constitution of India, prohibits governments to spend money to sponsor one or other religious activities.

In case of Prafull Goradia Vs U.O.I, 2011 (1) SCALE 761 on page 764 in para 9, Supreme Court observed that if substantial amount of tax collected by Government (i.e. 25% ) is spent on any particular religion, it will violate Art.27. But if small amount is spent, it will not  violate Art.27

In my personal view, above views is not based on sound legal reasoning.

Haresh Raichura
17/6/2012

Why Supreme Court itself should fix time limit for delivering reserved judgements - a view

So far as all High Courts are concerned, there is law that when arguments are heard and judgement is reserved, the Judgement has to be delivered in THREE MONTHS.

If it is not delivered in three months, the matter has to be reheard. Detailed Guidelines have been laid down by Supreme Court Two Judge Bench Judgement on 6-8-2001 in Case of Anil Rai Vs Bihar. reported in 2001 (7) SCC 318.

But the Two Judge Bench Judgement does not say anything about within how much time Supreme Court Judges should deliver judgements in matters which are Reserved for Judgement after hearing of cases.

Obviously, it might not have been proper for Two Judges to give directions to rest of Judges of Supreme Court.

But it is desired if some guidelines are there and which are also published for knowledge of people.

Haresh Raichura
17th June 2012


Corruption Laws : Disproportion Assets of a Government Servant- How much disproportion is the question

Only proving that there is a disprportion or sizable disproportion is not enough to convict a government servant. It has to be further proved that disproportion is so much that conviction is justified.

This law is not new. Since 1988 Supreme Court has held that

"..But on the question whether the event of the disproportion is such as to justify a conviction for criminal misconduct....a somewhat liberal view requires to be taken of what proportion of assets in excess of the known sources of income constitutes "disproportion" for purpose of Section 5(1)(e) of the Act"

The case law on subject has been once again restated in case of A.T.B vs State of Sikkim 2011(2)scale 735 on page 748 where Supreme Court set aside a conviction where disproportion proved was not so much as to justify a conviction.

Haresh Raichura
17/6/2012

Criminal Appeals: If advocate is not appearing, an Amicus Curie ought to be appointed by Court

Many times it happens that when a criminal appeal comes up for hearing in Appellate Court, for some reasons or other, the appellant is not represented by an advocate.

In such case, appeal should not be dismissed for non appearance of advocate. It also should not be decided in abscence of advocate for party.

The correct course for Appellate Court is to apoint an advocate as a Friend of Court i.e. Amicus curie and should then decide matter.

Case of Md. sukur Ali vs State of Assam, 2011(2)Scale 730 on page 734

Haresh Raichura
17/6/2012

Land Laws: In Haryana, No further claim of land against land displaced during partition in Pakistan

Those who lost their land in Pakistan, were alloted land in India under The Provisions of Displaced Persons (Compensation & Rehabilitation) Act, 1954.

It appears that 21.6.1996, a letter is issued by Joint Secretary to Government of Haryana, Rehabilitation Department, Chandigarh which contains a Decision of Government that no such claim is to be further entertained.

Above situation appears in Case of State of Haryana vs Praduman Singh Dead by Lrs 2011(2)Scale 624 on page 625

Haresh Raichura
17/6/2012

Business Laws : Promissory Note - Admission of Prmissory Note itself no ground to pass decrees

Promissory Notes are believed to be good evidence.

But it can be always proved by evidence that though promissory not was executed, subsequently there were transactions which nullified consideration of Promissory note.

So admission of Promissory Note itself is no ground to pass decree and to refuse to see in other evidences.

Case of Tatipamula Naga Raju vs Pattem Padmavathi 2011(2)Scale 727 para 18

Haresh Raichura
17/6/2012

June 16, 2012

When Transfer of Criminal Trial from U.P or Uttarakhand to other state possible?

Supreme Court has power to transfer a Criminal Trial from one State to any other State of India.

Supreme Court has these powers under Sec.406 of Cr.PC.

In case of Vikas V/s Uttarakhand, (2011) 1 SCALE 215, Supreme Court transferred criminal trial from Haridwar to Delhi, as the complainant made out a case from averments in petition that the accused were part of some gang operating from U.P and they were frequently attacking them and witnesses were afraid.

These are special powers of Supreme Court only to transfer a criminal case from one state to other state. A criminal case pending in any one state can be transferred to any other state whenever requirements of Sec 406 are fulfilled.

Haresh Raochura
16/6/2012



Business Law: Forcibly obtained "No Claim Certificate" from contractor does not prevent him from going to Court

Many Government Contractors face this problem. While releasing last Bill, the government often insist on a No Claim Due Certificate from contractor.


To get payment of last bill, the contractors often sign such certificates.


Thereafter if contractor goes to Court, the Government shows 'No Due Certificate' signed by Contractor.


The Court dismisses case of Contractor saying that, since the contractor has already signed a "No Due No Claim Certificate", his case is not maintainable.


Supreme Court took notice of this general practice and said that, even if No Claim Certificate is issued, if contractor is able to establish his claim by oral and documentary evidence, his claim should be considered.


Case of R.L. Kalathia & Co V/s Gujarat 2011 (1) SCALE 441


Haresh Raichura

16/6/12

SAD LAWS : Value of life of a poor man. Death in Police Custody. Supreme Court Directed Gulties to pay Rs.10 Lakh

The victim was a poor man named Bassapa Kuri.


First, allegedly president of District Panchayat, tied Bassapa on telephone pole in front of his house and was beaten up.


When, Bassapa went to complain to police station, he was taken in custody by police where he died.


Relatives filed complaint.


District Administration announce Rs 1 Lakh.


Relatives went to High Court. High Court ordered 3 Lakh more in addition to 1 Lakh.


Supreme Court directed that Total Rs.10 Lakh be paid to relatives of deceased.


Dy. Commr of Dharwad V/s. Shivakka

2011 SCALE (2) 422


The legal battle consumed 9 years for relatives of deceased.

The questions which comes to my mind (1) What about interest for 9 years delay?
(2) What is the price of life of a poor man?



Haresh Raichura

16/6/2012

Blind Laws: An Army Soldier suffered disability when on leave. Should he not be given disability pension?

Law says No,.........even if you and I may be of opinion that such Army Soldiers should be given some kind of pension.......


Because, even when he goes on leave, he continues to be an Army Man and he is liable to report on duty on short call.


WHO LOST THE CASE ?


One Talwinder Singh lost case in Supreme Court on 20th April, 2012

Union of India V/s Talwinder Singh 2012(5) SCALE 1


WHAT HAD HAPPENED TO HIM?


In 1990,When he was on leave, a Gulli from children's play stuck in his left eye. His left eye got injured. The Army office denied disability pension on ground that this injury had nothing to with his military service.


In 2009, after 19 years legal battle in court, Punjab and Haryana High Court directed that he be given disability pension.


In 2012, Supreme Court, relying on settled law, cancelled HC order granting him disability pension.


MY PERSONAL VIEW BASED ON HUMANITARIAN GROUNDS


The fact that this man was batting in Courts for 22 years, and once High Court had given him disability, the order of HC could have been set aside, but pension granted by High Court should not have been cancelled.


Imagine his torture and his legal expanses for fighting this battle for 22 Years in Courts!


The Rules and Laws of Military need to be made humane for those who serve army.


Haresh Raichura

16/6/2012

Supreme Court Case(3) Italian Ship case: Weapon of crime can be seized, but not ship under Sec.102 of Cr.PC.

Law is similar to piegeon holes box. Every action has to fit under some provision of law.

Indiscriminate fire was opened from an Italian Ship. Two innocent Indian fisherman died.

On 26.2.2012 Police directed that the ship is not to sail without prior permission.

LAW RELATING TO POWER OF POLICE TO SEIZE THE SHIP

Sec.102 of Code of Criminal Procedure gives police certain powers to seize property.

The Property can be seized, if (a) It is a stolen property (b) if it is suspected to be a stolen property or (c) The Property is Object of Crime under investigation.

In case of M.T. Enrica Lexie v/s Doramma 2012(5)SCALE 134 on page 138, Supreme Court noted,

"The Police officer in course of investigation can seize any property under Sec.102if such property is alleged to be stolen or is suspected to be stolen or is the object of crime under investigation or has direct link with the commission of offence for which the police officer is investigating into."

In this case, a question was put to counsel whether the ship was object of the crime. The counsel answered in negative. The counsel further said that ship is not further required for investigation.

Supreme Court therefore allowed ship to sail after putting heavy conditions.

Haresh Raichura
16th June,2012

Supreme Court Case(2) Court has no role to play if Govt. refuses sanction to prosecute an Army soldier in fake encounter case

When an Army sodier is made accused in False Encounter case, no sanction is needed if Army decides to Court Martial him.

But if Army does not court martial him, then he can be prsecuted in normal courts. But here sanction of Government is necessary before prosecution.

In Case of General Officer of Commanding V/s CBI and ors (2012) 5 SCALE 58 on page 82, Supreme Court observed as under:

"The Legislature has conferred "absolute power" on the statutory authority to accord sanction or withhold the same and the court has no role in this subject"

A POSSIBLE REASON TO PROTECT ARMY SOLDIERS

The judgement is based purely on law and precedents.

But one can visualize, what may be in mind of court and Lesgislature.

Army soldier has to go into terrorist affected area with gun ready in his hand. Every second is crucial. Either he shoots terrorist or he gets shot by terrorist. Suppose in such tense moment, an innocent man jumps on the scene, the trigger by army man gets pulled automatically and an innocent may get killed.

Now if an army man has to constantly live in fear that he may get prosecuted for risking his life and going in terror affected area, then he may not be able to perform his duty with a free mind.

The Lagislature and Court seem right in living such cases in hands of Army officers and Competent Authority. It will not be possible for court to determine such cases, where usually, there are no eye witnesses.

The supreme power of Judicial Review is always invested in courts. But there also role of court is limited to see that proper material is placed before authority or not.

Haresh Raichura
16/6/2012

June 15, 2012

Supreme Court Case(1) Why landowners given only 6% interest on unpaid compensation when market is charging 40% on loans?

For many reasons, lawyers have stopped questioning reasonings underlying in Supreme Court decisions.

I had seen a 1935 Bombay Law Report. There.... letters of lawyers questioning reasoning of particular judgements were published.

Today, no Law Report publishes such letters.

Let me see if I can make a humble begining.

PRINCIPLE TO REMEMBER : Supreme Court is not Right because it is right. It is considered RIght, because it is final and no appeal can be filed against its judgement. The judgements can still be wrong. It is healthy to discuss these Final and Last Judgements.


ISSUE AND QUESTION

Lands of Land Owners in villages are taken away forcibly/ Compulsorily under various laws.

If Compensation is not given proper, they can go to Court. At the end of battle, after 30 or soyears, the Courts awards them due payment with 6% interest.

THE QUESTION IS :

Why at 6% only when in market banks are charging 40 to 45% interest on loans and dues?

What is the crime of these illiterate villagers? Why law makers and Courts treat them in this way?

Nobody would like to pay an illiterate village land owner, right amount at time of taking possession, if they have to pay only at 6% interest after 30 years when last court orders?

The question based on Supreme Court case of Godavari Sugar Mills Ltd V/s. The State of Maharashtra , decided on 20 Nov.2011 reported in 2011 (1) SCALE 588

Haresh Raichura
15th June,2012

June 13, 2012

Mobile Software Develpoers Can help in connecting Courts, Lawyers and Litigants

Almost all courts in India are now putting on internet 1) Calanders of upcoming Cases, 2) Names of Lawyers in upcoming cases 2) Last orders passed by Court in these cases.

All that is needed is to co-ordinate these data and to put in market in a software to communicate data to lawyers and to those who have cases in courts.

MOBILE APPLICATIONS are needed which can give timely alerts to lawyers and litigants about above information by email and sms.

In other countries, courts and lawyers are already connected with such mobile applications... For Courts of other countries such applications are also listed on webstores and application stores.

For Indian Courts, such applications are not seen in market.

Haresh Raichura
13th June,2012

June 12, 2012

In Fight against corruption, how Website/ mobile applications can help? - Some Examples

The priciple is, Solution to remove corruption is to remove darkness by lighting lamps of transperancy and cleanness in Govt. Actions. And here Software Engineers can help.


SOME EXAMPLES TO SHOW HOW WEBSITE DEVELOPERS AND MOBILE APPLICATION DEVELOPERS CAN HELP IN REMOVING CORRUPTION

1) ONE EXAMPLE: Uploading Mobile Videos of Corruption

People need power in their hand to fight corruption. It shoould be as easy as clicking on a mobile application.

Take example of chaos and corruption in Railway.

A website can be put where people can post or upload their good or bad experience in train. From train itself they can upload video or photo about services in train. (Video of TT or police taking bribe).

Or a photo of stale food served in train can tell a lot.

People can share this vedio on social media.

IF date, time and geo location is recorded in video, it is evidence.

This mobile application can improve railway experiences.


2) SECOND EXAMPLE

A MOBILE APPLICATION TO EXPOSE INEFFICIENCY OF MUNICIPLE AUTHORITIES

The duty to keep clean cities is on Municiple authorities.

A website for each city and municiple authority can be set up.

If any one sees a very dirty and unclean corner in any municiple or govt officeplace, he can just upload it with name of govt office and time and day of video. This post can be shared on twitter and facebook.

Obviously, someone in municiple corporation is bound to take follow up action.

3) THIRD EXAMPLE

Politicians do not fear scam exposed in newspapers. Because they believe that people will forget in few days.

But if people are given power to collect, "Their Own Liked Corruption Stories" and keep them in their own Evernote or Dropbox or Cloud account, they would certainly go for this hobby.

A Mobile Application to publish snapshots of corruption stories in newspapers has market because so many people on twitter are tweeting scam stories.


4) FOURTH EXAMPLE


A Mobile application to record date and time during which electricity goes off. The collected data should be then shown in charts.

These charts will expose inefficiency of Electricity companies. The records to be shared and placed on website.

This may reduce uninformed electricity cut offs.


5) FIFTH EXAMOLE

To Clean Rivers.

Many people living on river bank may like a Mobile application to upload video of people throwing garbage in rivers.

Dedicated websites for this purpose can create a momentum in people at river banks.

6) SIXTH EXAMPLE

Almost all Anti-corruption branches have email addresses.

A mobile application to locate nearest anti-corruption branch office can help people in making emails and complaints.

7) SEVENTH EXAMPLE

A mobile application to collect and forward complaints against judiciary to the website of High Court (Should be set up after obtaining permission of Court)

8) EIGTH EXAMPLE

A mobile application giving News Feed about private people taking actions against corruption.


The Corruption is Market for Software Engineers. There are profits to be made.

The People also need to be empowered with mobile technology to fight against corruption wherever they see it.


Haresh Raichura
12th June, 2012

June 11, 2012

Wake Up India! Every Citizen has right to run Sting Operation on any corrupt public servant with permission of Police Dept.

Yes. This is about your right to run sting operation on any corrupt public servant or government servant. Use your rights if you want your next generation to live in a Corruption Free India.

Discuss this idea with a group of your friends. Circulate This Idea to more people to discuss workability.

An Earlier Story

I read this story many years ago in Reader's Digest.

A newly joined lawyer saw that there was lot of corruption in District Court. Judges were corrupt. Public Prosecutors were corrupt. Lawyers were taking money from otherside for losing cases of their own client.

His blood boiled.

He went to Police Chief and asked permission to run sting operations on corrupts.

The police gave him permission for one month on One condition:

1) Everyday evening, he will file a report in office as to who was given bribe, how much and tape or video recording.

This was a safe guard to see that that the "Sting Operator Do not Himself Become a Blackmailer".


For One Month

This young lawyer kept running sting operation on Judges, Court Clerks, Public Prosecutors, Lawyers. Every evening he deposited details in police office.

Then the scandal was broke. Police registered cases against about 30 Judges, Lawyers, Public Prosecutors, court clerks etc. They were suspended, dismissed, prosecuted and jailed.

Actions from High Court followed.

EXPECT AND BE READY TO FACE A SERIOUS BACKLASH

This lawyer did a good service and exposed corruption in District Court. But thereafter, it was not possible for him to practise in court. Everyone shuned him.

He shifted to practice in another city.

WHAT YOU CAN DO?

If you want to run a Sting Operation, at your own cost and at your own risk, go to Police Chief and ask permission under Sec.149 and 154 of Criminal Procedure Code. He may grant you permission with conditions.

He may ignore your application. He may refuse.

If permission is not granted Then next step is to write a joint letter to (1) Chief Justice of India, (Letter Petitions), (2) Chief Justice of Nearest High Court (LetterPetitions)

Title your letter as : Application under Art.226 to direct Police to grant permission to Run Sting Operation.

If You get no response from High Court or Supreme Court, then consult a lawyer and file regular writ petition in High Court. Do not forget to mention earlier letter which you posted and you applications to Police.

High Court will take the call.

The suggestion above is new. Law needs to be examined and settled. Someone has to take First Step.

Haresh Raichura
11June, 2012

June 7, 2012

Wake Up India ! After No-Sanction-Needed SC Judgement, an Advocate filesPRIVATE COMPLAINT against PSI for Corruption


The Supreme Court Judgement in Case of Dr. Subramanian Swamy versus Dr. Man Mohan Singh and others came, on 31st January, 2012


It said two things:


1) Any Citizen can file a Private Complaint against any Public Servant for charges of corruption in nearest Court.


2) No sanction needed when court registers it as a Complaint Case and Directs its Investigation of Corruption Charges by Higher Officers.


On 15/5/2012. A brave advocate in Jamnagar in Gujarat, name AMIT PARMAR in Jamnagar, went to court with a Complaint of Massive Corruption by a Police Inspector. He produced 200 pages of documentary evidence.


Judge hesitated in accepting the Complaint.


Judge asked, "How can you file a complaint? He never asked any bribe from you. How can I accept your Compliant? What right you have to file this complaint?


The advocate said something like this, "Look at recent Supreme Court Judgement in Case of Dr. Subramanian Swamy Versus Dr. Man Mohan Singh"


The Judge agreed.


He admitted complaint and ordered INVESTIGATION Report under Sec.202 from ANTI CORRUPTION BRANCH and also directed that INVESTIGATION be done under direct supervision of Top Director of ANTI CORRUPTION BRANCH.


Well, India has won.


Supreme Court has won. Justice Ganguly and Justice Singhavi have won. The people of India have won. Dr. Subramanian Swamy has won. You have won. You have to now begin. 


Amit Parmar, advocate who filed this complaint for benefit of people, is on FACEBOOK.


Haresh Raichura

7th June,2012

Legal Remedies: When someone blocks common area or street of your colony

Some times builders do it. Some times some headstrong neighbor encroaches on some common portion of colony.

A suit to remove encroachment by any Four members of colony. An application to bring this suit as Representative Suit also has to be filed.

Police complaint about encroachment can be filed. But usually police does not take any action and close dispute as civil dispute.

While filing suit, some kind of interim stay application or application to direct builder or encroacher to deposit some amount should be considered.

This is the Key to win suit.

Because the builder or ecroacher will think that suit may take five or many years. But no.

This interim application will start binding him in such a way that he may decide to give up.

This is the key to win long battles.

Haresh Raichura
7th June,2012

Blind Family Laws: Your Daughter-in-law names you in her Dying Declaration to take revenge on you. What are your chances in Court to prove innocence? Nil

Brides are burnt at houses of in laws.

And they also commit suicides.

Now Imagine This:

As you see your daughter in law burning, you rush and try to save her. Your hands get burnt in process. You take her to hospital. The parents of bride are angry. They reach hospital. The bride is still speaking. Her parents talk with her. Her parents also talks with police.

She gives a dying declaration that she is being tortured since last one year. Her mother in law and Father in law were beating her and torturing her.

Today, you, her Father in Law, poured kerosene on her and Mother in-law took out a matchstick from a match box and put her on fire.

Since the incident happen in house, no one saw what actually happened.

When the Judge will read his dying declaration, he too will be very very angry on you.

Now.. What are your chances to prove your innocence in Court? Nil. Both the Father in Law and Mother in law will go in Jail for Life imprisonment.


Thousands of poor are daily convicted in this way by Courts and the Convictions are confirmed by Supreme Court.

No one will listen about what you have to say. Even police will not try to investigate whether it was a case of Suicide or Bride Burning. (Naturally. He is taken care of by angry relatives of bride).

Here, I am stopping from writing further. Just stop and think.

I am not telling you why Courts will not listen you.
I am not telling you why your lawyers will fail however hard they may try.

I will write some other day. Today I write this to only to say that Thousands of Poor family members are sent to life imprisonment. 

Sometimes whole the family present in house are named in Dying Declaration and all are sent to jail. I have cases collecting dust in my office. 

I if I write further, I will have to file a Charge-sheet against Judges, their principles and their Compass of Justice.  

Imagine that Judiciary is big ship. The Judges are driving the ship with aid of a 16th Century Compass. If this very Compass is showing wrong direction, how will they reach India, that is Bharat? 

Please ask every judge in this country to take out his Compass and check whether it is showing right directions.

Haresh Raichura
7th June, 2012

June 6, 2012

Legal Remedies: If a Department Store refuses to give bills for purchases made.

A twitter friend asked what to do if Department Store Refuses to give bill for items purchased.

Law is an art. Different advocates can give different advice on same legal question.

What is practicable and workable in each case has to be advised.


FOUR OPTIONS: 


(1) Simple Complaints (2) Suit (3) Representative Suit by 4 Person (4) Consumer Case

First, written notice should be given to Department store and bill should be asked to be given in 15 days for purchases made. It should be mentioned that if Bill is not received, legal action as may be advised will be taken.

Second: You must have some eye-witness who saw that you purchased goods from store, you asked for bill and employee of Store Refused to give bill.

Three: Also record conversation on mobile tape recorder. You can also make video or photo to support your case. This is important, because the Department Store may say that its employee has never seen you in his life, and you never purchased anything from store.

Four: It will have persuasive value if you mention in notice that you have some videotape or recorded evidence to prove your purchase.

Five: Most probably, department store will send you bill.

Six: if not then?

Try anything like:

1) Complaining to District Collector, Sales Tax Commissioner or Food Inspector or any relevant authority.

2) If notice is given by 4 persons, it is good. You can file Civil Suit in Public Representative Capacity and seek declaration that " You are entitled to Bill for items purchased and ask for damages and legal expanses"

Local advocate will advice you. Court fee may be less than Rs.100/- but lawyers fee expanses can go above 10k.

3) Suit and notice by 1 person is also maintainable.

4) Transfer of ownership of moveable properties, sale of goods Act, etc apply. Bill is necessary for you to assure you that you are not given stolen goods and to ensure your rights under Consumer Act.

5) Instead of filing Suit in Court, your advocate may also advise you to file complaint in Consumer Court. Even you yourself can file consumer complaint.

6) Go as per advice from your advocate.

Haresh Raichura
6th June.2012

Technology TIP: On iPhone there is application called EvidenceCam. It takes photo and Date, Time, Geo Location etc gets printed in photo. Ready to Use Evidence. Check out. It requires IOS 5 version. I have yet not checked this.

June 4, 2012

Legal Remedies: Preventive Steps When You fear physical injuries from Specific Enemies

You may be a public spirited fighter- Whistle-Blower. Or for some reasons you may be apprehending physical injury to yourself or to your family members from some specific persons.

It is prudent not to be in such situation in the first place.

But, if due to some reasons, you have enmity which cannot be resolved, then you have no option but take preventive steps.

You may need to understand Sec.150,151 and 164(5) of Code of Criminal Procedure.


Consult your own advocate before using following advice:

A) If you apprehend physical injury, address a letter to (1)Chief Justice of India, (2) Chief Justice of applicable High Court (3) District Superintendent of Police.

In subject write:  Application for protection of life under Art.21 of The Constitution of India, read with Sec.150, 151 of Code of Criminal Procedure.

Then, give name of suspected  persons who may inflict injury to you and their addresses. Add whatever you want to add.

Sign it and post it.

(For Your Knowledge: Under Art.21, HC and SC are expected to do something to you protect your life by giving orders to authorities. 
Under Sec.150, a police officer is bound to pass complaint to superior officer and inferior officer to take action. 
Under Sec.151, police can arrest any person who may be likely to cause harm to you or your family.)

B) If you fear that you may be killed to prevent you from giving evidence at a trial


Then, you can approach a Judicial Magistrate with application to record your evidence, even if trial has not begun under Sec.164(5). (Investigation must be pending)

Once, your evidence is recorded by Magistrate, your fear may go away.

C) PRACTICALITY:


Suggestion (A) has been tried by me in past for some clients many years ago. It worked.

I have no idea, how it way work in these days of corruption when criminals may be acting in consultations with police

Suggestion (B) has never been tried by me. No occasion arose. A Trial Court advocate may be knowing better than me.

Haresh Raichura
4th June,2012

Legal Remedies: You can also send food sample to Central Food Laboratory with nominal testing fee

If you suspect that some adulterated food is being sold at certain store, you have mainly THREE remedies.

1. Send a written Complaint to Food Inspector for the area


His name and area has to be notified in gazetted notification. He works under Manciple Corporation or such local authority. On Internet, you may be able to get details.

2. You can ask nearby Central Food Laboratory about quantity of item required to be sent by parcel (Usually 150 or 300 grams) and fees to be sent for analysis.


You are entitled to send sample for food analysis if Area Food Inspector is not doing his duty. A list of Central Food Laboratory is available on Internet. 

(In 1980 when in Gujarat, I had send a sample of spices of 150 grams and Rs.50 to Bhuj Central Laboratory in Gujarat. An analysis report was received in a month. I am not aware about present fees.)

If Food Laboratory tells you that sample is adulterated, you can again write to Food Inspector with report. 

In fact, laboratory may also send a copy of report to your area food inspector for taking further samples.

3. You can also privately prosecute any store-keeper for selling adulterated food. You have as much power as those of Food Inspector, to take samples and prosecute sellers.


But then, you have to follow all rules of taking sample, which a food inspector is bound to follow. Though Law gives such powers, this is not advisable unless assisted by lawyer. 


Haresh Raichura
4th June,2012