Supreme Court of India has laid down Directions regarding duty of Bus Conductors or those who may be in charge of public buses or vehicles.
As per the Supreme Court order when Eve teasing is reported, Bus driver has to take bus to nearest police station.
This directions came in case of Inspector General of Police Versus S. Samuthiram [reported in 2013 [1] SCC 598] date of decision 30.11.2012 (Hon'ble Justice K.S.Radhakrishnan and Hon'ble Justice Dipak Misra)
In para 34.1, Supreme Court has directed/ordered as pointed out below. If the said orders are not being complied with by any State Government, Union Territories, District Collectors, and the District Superintendent of Police, a Citizen can approach Hon'ble High Court or Supreme Court for enforcing the said directions.
"Para 34.4 Where any incident of eve-teasing is committed in a public service vehicle either by the passengers or the persons in change of the vehicle, the crew of such vehicle shall, on a complaint made by the aggrieved person, take such vehicle to the nearest police station and give information to the police. failure to do so should lead to cancellation of the permit to ply."
If violation of above directions of Supreme Court are noticed by a public spirited Citizen and if desires to take a steps, it is advisable that he should first bring the violation to the notice of concerned District Collector and District Superintendent of Police and should give them reasonable time to take necessary steps.
This can be seen from Para 34.8 as under:
"34.8 The State Governments and Union Territories of India would take adequate and effective measures by issuing suitable instructions to the authorities concerned including the District Collector and the District Superintendent of Police so as to take effective and proper measures to curb such incidents of eve-teasing
A complete copy of judgement should be downloaded by a searching on Google or on Supreme Court website supremecourtofindia.nic.in
HARESH RAICHURA
29.03.2013
March 29, 2013
SC: Directions: When Eve teasing is reported, Bus driver has to take bus to nearest police station->
SC Directs all Cities and Towns to set up Help Line numbers to prevent Eve Teasing
Supreme Court has directed that all Cities and Towns shall set up help line numbers to report Eve teasing and has directed that such help line numbers be widely published.
Supreme Court of India has laid down above directions in case of Inspector General of Police Versus S. Samuthiram [reported in 2013 [1] SCC 598] date of decision 30.11.2012 (Hon'ble Justice K.S.Radhakrishnan and Hon'ble Justice Dipak Misra)
If the said orders are not being complied with by any City, Town or State Government, Union Territories, District Collectors, and the District Superintendent of Police, a Citizen can approach Hon'ble High Court or Supreme Court for enforcing the said directions.
In Para "
34.5 The State Governments and Union Territories are directed to establish Women Helpline in various cities and towns, so as to curb eve-teasing within three months.
34.6 Suitable boards cautioning such act of eve-teasing be exhibited in all public places including precincts of educational institutions, bus-stands, railway stations, cinema theatres, parties, beaches, public service vehicles, place of worship, etc.
34.7 Responsibility is also on the passers-by and on noticing such incident, they should also report the same to the nearest police station or to Women Helpline to save the victims from such crimes.
If violation of above directions of Supreme Court are noticed by a public spirited Citizen and if desires to take a steps, it is advisable that he should first bring the violation to the notice of concerned District Collector and District Superintendent of Police and should give them reasonable time to take necessary steps.
This can be seen from Para 34.8 as under:
"34.8 The State Governments and Union Territories of India would take adequate and effective measures by issuing suitable instructions to the authorities concerned including the District Collector and the District Superintendent of Police so as to take effective and proper measures to curb such incidents of eve-teasing
A complete copy of judgement should be downloaded by a searching on Google or on Supreme Court website supremecourtofindia.nic.in
HARESH RAICHURA
29.03.2013
March 28, 2013
Power of President and Governors to Pardon Convicted Criminals- SomeDangers ->
In India, powers to grant pardons or to grant remission of jail sentences are given to President of India and to Governors of States.
There is no clarity or statutory guidelines about how Governor or President is to exercise such powers. Therefore there are dangers of arbitrary exercise of such powers.
There are judgements, that if such pardon is granted or refused to any convict no appeal to courts can be filed because Courts are not given such powers.
But at them same time, there are judgements that if the decisions to pardon are not based all relevant material or are based on extraneous considerations, the High Court and Supreme Court can judicially review such orders can set aside them.
The President and the Governors do not have arbitrary powers to grant pardons or remissions.
Haresh Raichura
28/3/2013
March 27, 2013
Can a 'Surrogate Mother' be forced to deliver child by terms of contract or by order of a court?
If contract is for sale of land, goods, etc, court can order enforcement of terms of such contracts.
But if contract is of 'Personal Service, where contract is to perform personal service, such contract cannot be enforced by order of court, though court can award damages.
Contract of 'Surrogate Mother Service' are yet new in India. It's validity is yet to be tested in courts.
But as per my personal view such 'Contracts of Surrogate Mother Service' are contracts of performing 'Personal Service' and hence court cannot order a surrogate mother to perform as per terms of contract.
Haresh Raichura
27/3/2013
*** After consensual sex, a girl threatens that unless Rs.1 Lakh paid, she'll complain of Rape. How'll case go?
1) Police is bound by new to register FIR ,
2) Then also bound to get boy/man and girl/woman medical examined.
3) Doctor will find evidence of sex.
4) Police will say his job is over. Case will go to court.
5) Man's lawyer will say, she was a prostitute and it was consensual sex. But how will he prove this? From where he will get evidence?
6) Meanwhile, if man is Government servant, he may be suspended for being in jail for more than 24 hours.
7) If, man is a reputed person with family, his and his family and children's social reputation will be destroyed. If boy is in marriageable age, his chances of getting married in good family will be ruined.
8) Lawyers and Judges may try to help him, but how can they if man/boy fails to bring any evidence of consent or any evidence of extortion or any evidence that girl/woman was a prostitution? Courts have decide as per law and as per evidence.
9) In meantime, media will take side of girl/woman, as that is more likely to increase TRP and Viewership.
10) Police may become more corrupt.
11) And, we can do nothing but to watch the operations of laws, destroying fibers of a healthy and progressive society. We live in dark age.
12) I can do nothing but to blog and tweet.
13) May be I am too anxious about misuse of laws. May be I should relax and should try to find humor in the new laws. :(
Haresh Raichura
27/3/13
March 26, 2013
Can liability for damages of an Airline for death of an pet animal, be restricted by fine ..answer is no. Reasons->
Personally, I disagree with such views.
In my view liabilities under statues or under common law cannot be overwritten by printed terms unless it is specifically brought to the notice of passenger and acknowledged by him.
The liability of an Airline for damages for death of pet animal is under Law of Tort and therefore it cannot be restricted or contracted out.
As I said earlier, this is my personal view and is not a legal advice.
Haresh Raichura
26/3/2013
March 25, 2013
Can Supreme Court or High Court order any PRIVATE individual to do something? My answer is no. Reasons->
Supreme Court in India has under Art.32 and High Courts have powers under Art 226 to issue orders (i. e. Writ of Mandamus).
But such writs/orders can be only issued to Govts, Govt bodies or Authorities covered under Art.12 of the Constitution of India.
Such orders cannot be issued to private individuals, or private bodies unless they are aided by Govts or govt bodies with State funds.
If they are violating any laws, SC or HC can direct concerned authorities to take steps in accordance with law.
But they have no powers to issue such writs or orders to private individuals to do or not to do a particular act.
This is my academic and personal view. You must consult and seek advice of an advocate, before applying this information to real situations.
Haresh Raichura
25/3/2013
March 22, 2013
High Court cannot permit filing of new documents after hearing arguments and reserving judgement
Sometimes, this system is misused and counsels file new facts, new evidence, which is unfair to other parties.
Supreme Court Case: Bengal Const v. Gupta Bldg case reported in Judgement Today 2013 (3) SC 192 Supreme Court dated 22.2.2013
High Court should not pass strictures against subordinate judges in judgement
Few months ago, Supreme Court had also observed that much is desired in the way in which High Courts, gives grading to efficiency of judges of courts below.
Case: Awani Kumar v. Allahabad HC. JT 2013(3) SC 32
SC: High Court should not grant bail to "Habitual Offenders"
SC: Life imprisonment means whole life, not 14 or 20 years
The further questions arises are how these powers are to be exercised by State? Does it have arbitrary powers to grant powers?
When a foreigner can adopt a child from India? What are guidelines and laws?
There are guidelines of 2006 and 2011.
The more references can be found from Supreme Court Judgement in case of Stephanie V.State reported in JT 2013 (3) SC 65 dated 8.2.2013
March 19, 2013
*** Why LANDMARK judgement of Supreme Court never see light of the day- Some Reasons
Some years ago, when I was sitting in Supreme Court, former Chief Justice of India, Justice Bharucha lamented, he had given a landmark judgement on unlawful detention by police, four months ago, but neither any law report, nor any newspaper reported!
2. In one case, I had won. The Judgement was reported in all law reports all over India, including in Supreme Court Cases.
Two months thereafter, other side filed review petition, the judgement was reversed. I lost case.
I sent a certified copy of this order to SCC Editors, requested them to publish this also, because earlier Judgement was no longer a good law.
They never replied nor published this reversal judgement. Thus, a wrong law, remains on law book even today.. Wrong law is followed by all courts in India today, because no one published Reversal Judgement.
3) In Justice Katju Court, Judge ignored and refused to follow an earlier Judgement of Supreme Court and laid down a new law affecting all Central Government Servants.
I sent a certified copy of Judgement to a publisher and requested him to amend in next edition of law book and add this law.
He replied and refused to do so, because he thought that Justice Katju's judgement was not agreeable to him.
Sad. A wrong law regarding all Central Govt Servants, continues to be on law books because no one published this new judgement.
4) Why Landmark judgements of Supreme Court are not reported in National News Papers.
My impression is this:
In Supreme Court, they have two press rooms. Press Reporters sit their and get news.
The Criteria of National Newspapers is this. "We publish as News only that which has happened in last 24 hours".
A) Sometimes, after declaring judgement by SC, it gets three days to get signed copy. Sometimes, judges proof read again before signing it.
These judgements are not reported by TV and Newspapers, because they are 3 days old. The instruction to them is to give news only that which has happened in last 24 hours. Public is denied news of a land mark judgement of Supreme Court.
B) Sometimes, news reporters send report of landmark judgement to editor within 24 hours. But suppose if that day some bomb blast has taken place or some big political event has happened, then, that day, there will be no place to publish news of Supreme Court Judgement.
Next day, the news will have become old (beyond 24 hours), therefore, it will not be published by any a national newspapers.
3) In Gujarat High Court, there is unity in Press Reporters. If a lawyer wants to brief newspapers about a public importance judgement of high court, lawyer has to give 10 copies of press note to all.
In Supreme Court press reporters there is no such unity. If you brief one press reporter about a judgement, then other press reporters will not touch this news. Each one wants "Exclusive" news.
I'm my view, ethics demand that news of a landmark or an important judgement, should be published by all newspapers. The attitude that "if it is published by one newspaper, other news paper should not publish" is wrong.
C) Newspapers and TV,are craving for Sensational News. The usefulness of judgement of Supreme Court and guidelines to public, is not their first priority.
Conclusion: Indian public is really in total darkness about most valuable work being done by Supreme Court empowering people against Government.
The standard of Supreme Court Case reporting in India is very very poor.
Haresh Raichura
19/3/2013
March 18, 2013
Copy of PIL in SC: Since East India Company has left, name Bharat should be restored, Guidelines be made for...
1) Is it right time to declare that original name of India was Bharat, before East India Company came to Bharat? Should the country now be known as Bharat?
2) Why CITY name changes proposals, are sent by States to Center even if there is no such provision in Constitution, nor there is any Parliament Law in this regard?
3) Why such City Name Change proposals are pending with Central Government since 10 years or more? Can SC fix some time limit to decide City Name Change Proposals? (In para 13 below, names change proposals of 10 cities are pending.as per details on net)
At request on some friends on twitter, I have placed here a copy of PIL, which was filed and dismissed, as it is not possible for courts to give such directions as prayed.
I think that petition is rightly dismissed as these issues are for political parties to agitate.
The copy of PIL is uploaded here with consent of client Shri Ketankumar. You can contact him if you want to support him to take up these issues with political parties.
Copy of PIL:-
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) No________ OF 2013
(Under Article 32 of the Constitution of India)
IN THE MATTER OF:
Ketankumar Vasudevbhai PatelPetitioner
Versus
Union of India & Anr. Respondents
PAPER BOOK
(FOR INDEX PLEASE SEE INSIDE)
ADVOCATE FOR THE PETITIONER: HARESH RAICHURA
-------------------------------------
I N D E X
Sl.No.
Particulars
Pages
1.
Listing Performa
2.
Synopsis & List of dates
3.
Writ Petition (C) with Affidavit.
4.
ANNEXURE P-1: A true copy of the representation dated 16.11.2012.
------------------------------------
SYNOPSIS & LIST OF DATES
It is most humbly submitted that this petition U/Art. 32 are in the nature of Public Interest Litigation where citizens rights U/Art. 14 and 19 are required to be enforced and where certain actions of Central Government regarding City name change proposals, which are not supported by Law of Parliament, are challenged.
The short list of dates is as under:-
1700
The name Bharat was change to India by British Rule.
1902
There was an Act called imperial Library Act 1902.
1947
India gained freedom.
8.Sep 1948
Imperial Library (change of name) Act 1948 was passed the statements of objects and reasons read.
“ In view of the Constitutional changes in the Country it is appropriate that the World “Imperial” is associated with National Institutions on India. It has, therefore, been decided to change the name of Imperial Library Calcutta. The Bill seeks to ensure that the relevant references to Imperial Library in Act 1902 are construed as reference to the National Library.”
26.Nov.1950
Constitution of India came into force.
2012
From 1950 till today, there are three procedures of name change is in practice.
() For change of name of State, procedure is prescribed in Art. 3 (e) of the Constitution of India.
() For change of name of Union Territory, procedure is prescribing U/Art. 3 (e) of the Act.
() For name of change of City, there is no Law that proposal of name change of a City in a State, is required to be approved by Central Government.
However, there is a practice, being followed prior to Independence 1947 that whenever a name of a City is required to be change, the proposal has to be sent to Central Government and name can be changed only after approval of Central Government.
No timelimt is fixed under which Central Government is required to clear the proposal to change name.
16.11.2012
Petitioner made representation to respondent to clear name change proposals of 11 City’s pending since many years and
also to declare / notify Bharat as official name of India.
The petitioner is however not seeking relief regarding later part of representation. Since it is in domain of parliament.
Feb.2013
Since many proposal remain undecided for 10 years or and since about 10 such proposals change of names of City are pending undecided, since many years, the present petition is filed to seek suitable guidelines / direction (as per para 13 of petition).
Hence this petition.
------------------------
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) No.125 OF 2013
(Under Article 32 of the Constitution of India)
IN THE MATTER OF:
Ketan Kumar Vasudevbhai Patel
R/o 15/A, Mhalal Park
Opp. Smeshwar Park-3
Theltej Ahmedabad - 380054
(Gujarat)Petitioner
Versus
1. Union of India
Through Chief Secretary
Office of Hon’ble Prime Minister of India
South Block, Raisina Hill
New Delhi- 110001.. Respondents.
--------------------------------
WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA.
To
The Hon’ble the Chief Justice of India
And His other Companion Judges of
The Hon’ble Supreme Court of India
The Writ Petition of the petitioner above named
MOST RESPECTFULLY SHEWETH:
1.It is most humbly submitted that petitioner is a citizen of India and is entitled to approach this Hon’ble Court U/Art. 32 of the Constitution of India, by way of this Public Interest Petition.
2.It is most humbly submitted that this petition U/Art. 32 are in the nature of Public Interest Litigation where citizens rights U/Art. 14 and 19 are required to be enforced and where certain actions of Central Government regarding City name change proposals, which are not supported by Law of Parliament are challenged.
3.GUIDELINES OF PIL UNDER WHICH THIS PETITION IS MADE.
It is most humbly submitted that this Hon’ble Court has laid down various guidelines for filing Public Interest Litigation. It is humble view of the petitioner that this petition may fall into following criteria laid down for Public Interest Litigation.
(i) That the person or a group of persons were approaching the court in public interest for redressal of public injury arising fro the breach of public duty or from violation of some provision of the Constitutional law.
(ii) That such person or group of persons is not a busybody of meddlesome interloper and have not approached with mala fide intention of vindicating their personal vengeance or grievance.
(iii) That the process of public interest litigation was not being abused by politicians or other busybodies for political or unrelated objective. Every default on the part of the State or Public Authority being not justifiable in such litigation.
(iv) That the litigation initiated in public interest was such that if not remedied or prevented would weaken the faith of the common man in the institution of the judiciary and the democratic set up of the country.
(v) Public interest litigation may be initiated either upon a petition filed or on the basis of a letter or other information received but upon satisfaction that the information laid before the court was of such a nature which required examination.
(vi) That the person approaching the court has come with clean hands, clear heart and clean objectives.
(vii) That before taking any action in public interest the court must be satisfied that its forum was not being misused by any unscrupulous litigant, politicians, busybody or persons or groups with mala fide objective of either for vindication of their personal grievance or by resorting to blackmailing or considerations extraneous to public interest.
4.LOCUS STANDI OF PETITIONER.
3.1It is humbly submitted that petitioner is not member of any political party and he has no Hidden Motives in filing this petition
3.2The petitioner is not filing this petition for Hidden Motive of seeking any publicity.
3.3Petitioner is citizen of India and he is genuine concerned with the subject matter and since one year he has been looking for Answers in the subject matter.
3.4The petitioner often visits US and his friends abroad are also concerned with the subject matter and they also requesting petitioner to bring the subject issue to the notice of Hon’ble Apex Court.
3.5The petitioner has placed all available material in public domain before Hon’ble Court.
3.6Petitioner is qualified as B.Com petitioner is filing this PIL petition only at his on expenses. He is no funded by any one to file this petition.
3.7The petitioner has no litigation pending in any Court of India which may be even remotely connected to the issue.
5.CONSTITUTIONAL PROVISIONS & DECISIONS REGARDING NAME CHANGE OF STATE AND UNION TERRITORYS IN THIS PETITION.
“Art.3 (e) Parliament may by law- (a) form a new Sate by separation of territory from any State or by uniting two or more States or parts of States by uniting any territory to a part of any State:
(b) Increase the area of any state,
(c) Diminish the area of any state,
(d) Alter the boundaries of any state,
(e) alter the name of any State,
Provided that no Bill for the purpose shall be introduced in either House of Parliament except in the Bill affects the area, boundaries or name of any of the States,…. The Bill has been referred by the President to the Legislature of that State for expressing its views thereon within such period as may be specified in the reference or within such further period as the President may allow and the period so specified or allowed has expired.
Explanation I. In this article, in clauses (a) to (e), “State” includes a Union territory, but in the proviso, “State” does not include a Union Territory.
Explanation II. The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory by uniting a part of any State or Union territory to any other State or Union territory.”
6.PROVISIONS OF LAW REGARDING NAME CHANGE OF CITIES IN VARIOUS STATES.
For name of change of City, there is no Law that proposal of name change of a City in a State, is required to be approved by Central Government. However, there is a practice, being followed prior to Independence 1947 that wherever a name of a City is required to be change, the proposal has to be sent to Central Government and name can be changed only after approval of Central Government. No timelimit is fixed under which Central Government is required to clear the proposal to change name.
ONE EXAMPLE
One such example is about proposal to change name of Ahmedabad to Karnavati. For 10 years no decision was taken by Central Government and therefore finally the State Government was forced to drop the Name Change proposal
7.THERE ARE MANY SUCH OTHER PENDING PROPOSALS FOR CHANGE OF NAME CITIES ARE PENDING SINCE YEAR BECAUSE NO TIMELIMIT IS FIXED BY CENTRAL GOVERNMENT TO APPROVE OR DISAPPROVE SUCH PROPOSALS.
The said names are detailed in para_______ and ______ pending undecided since many years which are citied in paragraph no. 13 proposal in this petition.
8.PREVIOUS DECISION OF HON’BLE THIS COURT BY WHICH THE PETITIONER IS MANLY INSPIRED.
The judgment of this Hon’ble Court in case of (Dr. Subramaniyam Swamy Vs. Dr. Manmohan Singh), where it is held that when no time limit is prescribe decision has to be made within reasonable time and this Hon’ble Court has fixed 3 months time limit to take decision.
Relying on above precedent, the petitioner desires that this Hon’ble Court may in public interest lay down some timelimit for accepting or rejecting name change proposal. In absence of such time limit, it is possible that Ruling Party may take no decision on name change proposal coming from States where Ruling Party is not in power. Therefore, the Central Government may fail to exercise its Federal duties and desires and wills of a particulars State may be unjustly and arbitrary denied. It is humbly submitted that therefore this writ petition should be allowed to the extant of fixing time limit for clearing name change proposals of cities coming from State Government.
9.NAME CHANGE PROPOSAL OF STATES SO FAR CLEARED BY CENTRAL GOVERNMENT U/ART. 3 (E) OF THE CENTRAL GOVERNMENT OF INDIA BETWEEN 1950 TO 2012.
1.Travancore Cochin to Kerala (Change effective from 1 November 1956)
2.Madhya Bharat to Madhya Pradesh (Change effective from 1 November, 1959)
3.Madras State to Tamil Nadu (Change effective from 14 January 1969).
4.Mysore to Kamataka (change effective from 1 November, 1973).
5.Uttaranchal to Uttarakhand (change effective from 1 January, 2007).
6.Assam to Asom (not yet effective)
7.Orissa respelled Odisha (official as of November 2011).
8.West Bengal to Paschim Banga (approved by state legislature during September 2011).
10.NAME CHANGE PROPOSAL OF UNION TERRITORIES SO FAR CLEARED BY CENTRAL GOVERNMENT.
1.Laccadive, Minicoy and Amindivi Islands to Lakshadweep (change effective from 1 November 1973)
2.Pondicherry to Puducherry (change effective from 1 October 2006).
11.NAME CHANGE PROPOSALS OF STATES WHICH ARE NOT CLEARED BY CENTRAL GOVERNMENT AS PER INFORMATION AVAILABLE TO PETITIONER.
1.Kerala to Keralam
12.NAME CHANGE PROPOSAL OF CITIES WHICH ARE CLEARED BY CENTRAL GOVERNMENT AS PER AVAILABLE INFORMATION OF THE PETITIONER.
Andhra Pradesh
1.Elgandal to Karimnagar
2.Indur to Nizamabad
3.Metuku to Medak
4.Paalamuru to Mahoonagar
5.Ellore to Eluru (change effective 1949)
6.Waitair to Vizagapatam
7.Vizagapatam to Vishakapatnam
8.Bezawada to Vijayawada
9.Cuddapah to Kadapa
10.Ongole Dist. To Prakasham
11.Nellore Dist. To Pottisriramulu Nellore
12.Cocanada to Kakinada
13.Masulipatam to (Machilipatanam)
Assam
1.Nowgong to Nagaon
2.Gauhati to Guwahati (change effective 1983)
3. Sibsagar to Sivasagar
Gujarat
1.Baroda to Vadodara (change effective 1974)
2.Cambay to Khambhat
3.Bulsar to Valsad
Himachal Pradesh
1.Simla to Shimla
2.Mandav Nagar to Mandi
Kerala
1.Trivandrum to Thiruvananthapuram (change effective from 1991)
2.Cochin to Kochi (change effective from 1996)
3.Calicut to Kozhikode
4.Quilon to Kollam
5.Trichur to Thrissur
6.Cannanore to Kannur
7.Palghat to Palakkad
8.Alleppey to Alappuzha (change effective from 1990)
9.Alwaye to Aluva
10.Parur to North Paravur
11.Cranganore to Kodungallur
12.Tellicherry to Thalassery
13.Badagara to Vatakara
14.Palai to Pala
15.Verapoly to Varapuzha
16.Cherpalchery to Cherpulasseri
17.Koney to Konni
Madhya Pradesh
1.Ahilyanagari/ Indur to indore
2.Avantika to Ujjain
3.Bhelsa to Vidisha
4.Rassen to Raisen
5.Saugor to Sagar
6.Jubbulpore to Jabalpur
7.Bhopal Bairagarh to Sant Hirda Ram Nagar, Bhopal.
8.Bellasgate to Bheraghat
9.Ojjain to Ujjaini
10.Mandu to Mandavgarh
Maharashtra
1.Bombay to Mumbai
Pondicherry
1.Pondicherry to Puducherry (change effective from 1 October 2006)
2.Yanaon to Yanam (change effective from merger with Indian Union)
Punjab
1.Jullunder to Jalandhar
2.Ropar to Rupnagar
3.Mohali to SAS Nagar
Tamil Nadu
1. Coimbatore to Koyamutthoor (change effective 1972)
2. Tinnevelly to Tirunelveli
3. Tranquebar to Tharangambadi
4. Trichinopoly to Tiruchirapalli (change effective 1971)
5. Madras to Chennai (change effective August 1996)
6. Tanjore to Thanjavur
7. Tuticorin to Thoothukudi
8. Cape Comorin to Kanyakumari
9. Ootacamund to Udagamandalam
10. Conjeevaram to Kanchipuram
11. Conjeevaram to Kanchipuram
12. Virudupatti to Virudhunagar
13. Potonovo to Parangipettai
14. Mayavaram to Mayiladuthurai
Uttar Pradesh
1.Cawnpore to Kanpur (change effective 1948)
2.Benares to Varanasi (change effective 1956)
West Bengal
1.Calcutta to Kolkata (change effective from 1 January 2001)
2.Burdwan to Bardhaman.
13.NAME CHANGE PROPOSAL OF CITIES WHICH ARE PROPOSED BUT ARE PENDING FOR THE APPROVAL OF CENTRAL GOVERNMENT SINCE YEARS.
0.(Ahmedabad to Karnavati (Proposal Dropped as it was not decided for decade).
1.Allahabad to Prayag
2.Aurangabad to Sambhajinagar
3.Bhopal to Bhojpal
4.Delhi to Indraprastha
5.Indore back to Induru
6.Mughalsarai to Deen Dayal Nagar
7.Patna to Pataliputra
8.Mysore to Mysooru
9.Mangalore to Mangaluru
10.Alibag to Shribag
14.NAME CHANGE PROPOSAL WHICH ARE PROBABLY NOT JUSTICEABLE BUT SINCE THIS HON’BLE COURT HAS VAST POWER TO MOULD RELIEF, THE SAME ARE MENTIONED BELOW:-
14.1The Union Government may be directed if Your Lordships think fit that after 65 years of End of Colonial Rule, the English name India should be dropped and name Bharat should be restored.
14.2The name India was known in Old English, and was used in King Alfred’s translation of Orosius. In Middle English the name was, under French influence, replaced by Ynde or Inde, which entered Early Modern English as Indie. The name India then came back to English usage from the 17th century onwards, and may be due to the influence of Latin, or Spanish or Portuguese.
14.3It is desire of the petitioner that the 17th Century name “India” may be dropped by Government because colonial Rule ended 1947 and now “India” should be known as Bharat in English as well as in Indian language.
14.4Bharata is the official Sanskrit name of the country, Bharata Ganarajya, and the name is derived from the ancient Indian texts, the Puranas, which refers to the land the comprises India as Bharata var Sam, and uses this term to distinguish it from other var Sas of or continents. For example, the Vayu Puranas says he who conquers the whole of Bharata – varsa is celebrated as a samrat (Vayu Purana 45, 86).
14.5Until the death of Maharaja Parikshit, the last formidable emperor of the Kuru dynasty, the known world was known as Bharata varsha.
14.6According to the most popular theory the name Bharata is the vrddhi of Bharata, a king mentioned in Rigveda.
14.7The Sanskrit word bharata is a vrddhi derivation of bharata, which was originally an epithet of Agni. The term is a verbal noun of the Sanskrit root bhr. “to bear / to carry”, with a literal meaning of “to be maintained” (of fire). The root bhr is cognate with the English verb to bear and Latin fero. This term also means “one who is engaged in searel for knowledge”.
14.8According to the Puranas, this country is known as Bharatavasha after the king Bharata Chakravarti. This has been mentioned in Vishnu Purana (2,1,31), Vayu Purana, (33,52) Linga Purana (1,47,23) Brahmanda Purana (14,5,62), Agni Purana (107,11-12), Skanda Purana, Khanda (37,57) and Markandaya Purana (50,41) it is clearly stated that this country is known as Bharata Varsha.
14.9Petitioner made representation to respondent to clear name change proposals of 11 City’s pending since many years and also to declare / notify Bharat as official name of India. The petitioner is however not seeking relief regarding later part of representation. Since it is in domain of parliament.
A true copy of the representation dated 16.11.2012 is annexed herewith and marked as Annexure P/1 (page no._________).
15.REPRESENTATION MADE BY PETITIONER.
It is humbly submitted that before filing the present writ petition. The petitioner has made a representation to the office of Hon’ble Prime Minister of India by Speed Post A.D. on 16.11.2012.
16.Petitioner humbly submits that he has not filed any other writ petition in the subject matter before this Hon’ble Court or in any other Court’s of India
17.The petitioner has been made aware that this Hon’ble Court may impose cost if it forms opinion that the petitioner has not approach bonafidely.
18.PRAYER
It is therefore most respectfully prayed that this Hon’ble Court may graciously be pleased to:
a) In exercise of powers U/Art. 32, 14 and 19 of the Constitution of India Your Lordships may be pleased to issue appropriate writ of mandamus (1) to take some decision on CITY Name Change Proposals which are pending since decade / years. (2) And may grant declaratory relief that in absence of a Law made by Parliament, it is not obligatory on part of the States to seek approval of Central Government for Name Change Proposal of CITIES in States. (3) And may give a declaratory relief fixing reasonable time limit for taking decision of such proposals coming from the States in order to maintain harmony in the Federal Structure of Nation.
b) Your Lordships may be please to grant or mould any other relief which Your Lordships may deem fit as per conscious of the Hon’ble Court.
AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.
FILED BY
(HARESH RAICHURA)
ADVOCATE FOR THE PETITIONER
FILED ON:-
March 16, 2013
Legal Tips: For Protecting Against False 498A Cases (This actually prevented a case discussed)
Yesterday, a husband's mother, in neighbourhood, came for advice.
She said that, she and her son and family of 7 persons, including her 90 year old mother-in-law, had gone to village to bring their daughter-in-law.
The daughter in law, told all of them to get out and told that she will send all of them to jail.
They returned to Delhi. They were trembling with fear.
They had heard horror stories of how the whole family of husband can go to jail if wife complains about cruelty under 408a, Domestic Violence Act, Cr PC 125 etc.
They came to me to take advice.
I am not a trial court advocate. I also don't know how can anyone prevent a wife from filing a false complaint against her husband and her 90 year old great grand mother in law.
Even High Court and Supreme Court cannot quash such a complaint as it involves disputed questions of facts to be gone into by trial court.
Suggestion I gave to her:
I know this much.
In such cases, evidence has to be led in court.
I suggested them to collect evidence, preferably documentary or in form of tape recorded or video recorded conversation.
I advised them to write inland-post letters to their relatives about conduct of their daughter in law.
Such letters can be then produced as evidence in court.
Letters will contain postal stamps. The judge will apply mind to these letters.
I suggested them to write inland letters, and describe in letters to close relatives what happened to them when seven family members including to 90 year old great grand mother,when they went to house of daughter in law.
I suggested them to write, how daughter in law threatened them with false cases.
If wife files a false complaint, all these letters can be produced before police and also to the Judge.
This will help judge in deciding what is the truth.
Haresh Raichura
16/3/2013
Post note 2/5/2013: It seems that the neighbour who asked advise, wrote letters to his many relatives. It seems that the dispute has calmed down for the time being.
March 13, 2013
Three Things Most Desired in a Supreme Court Lawyer : Clear Thinking, Clear Thinking and Clear Thinking
Clear thinking involves;
1) Clear thinking about laws governing the case.
2) Clear thinking about relevant facts of case as requires to be proved or disproved as per law
3) Clear thinking about human natures of parties involved in case, judges presiding in court, nature of opposition counsels.
14/3/13
March 12, 2013
HC Judge's View on Judiciary (Worth Reading)
It worth to know what High Court Judges think.
Recently I had talk a prominent Senior Advocate a retired Madhya Pradesh HIgh Court Judge.
According to him, law is an art but it is not a satisfactory art.
It is very very difficult to do justice in accordance with law.
A feeling always remains in heart of a judge that something has remained incomplete.
That is why people go into appeal to one court after another court.
Lawyers have same feeling when case is over that something was yet to be pleaded.
Thus, though law is an art is not a satisfactory art. It is so easy for parties to throw allegations against judges.
But it is very difficult to do justice in accordance with law.
In every case, something good is seen and suddenly some very bad facts come up in evidence.
Each case is a challenge to do justice in accordance with law.
12/3/13
March 9, 2013
Legal IQ puzzle: Does word "Relative of Husband" used in 113A,B include "Brother in Law of Husband- i e Brother of Wife" ?
But suppose in a given case, if wife has committed suicide due to torturous attitude of his own brother, will sec.113A,B apply to brother of wife, who is also a brother in law of husband(RELATIVE OF HUSBAND) as mentioned in 113A,B?
1) Where the words "Relative" or "Relative of Husband" are defined?
2) On what legal reasoning basis it can be said that words "Relative of Husband" do not include his brother in law, sister in law and Mother in law?
Haresh Raichura
9/3/13
For young Lawyers: Address Lady Judges also as "My Lords" or "Your Ladyships" only. Do not address them as "Your Ladyships"
A young lady advocate, hardly of an experience of one year at Bar, was arguing a matter involving a couple of crores of rupees.
One Judge on Bench was a Lady Judge.
She was obviously irritated because the lady advocate was again and again addressing her as "Your Ladyships"
Finally, the Lady Judge asked her, "Don't you know that in General Clauses Act, word "Your Lordships" include lady judges also?"
Haresh Raichura
9/3/13
(Overheard in Court of Hon'ble Justice Ms Gyan Sudha Misra on 8/3/2013)
If you find a Gold Mine, what will you do? Will you tweet about it? What will you do?
Most probably, you will sign out from twitter and will devote full time to Gold digging.
May be you will work for maximum hours, sometimes till late night.
A Senior Advocate once said, "I earn so much that I hardly have anytime to spend money".
Another, leading Senior Advocate said, that in order to reduce work, I increased my fees.
The work, instead of reducing, increased.
The more I increase fee, the more work I get and the less time I have"
Have misplaced our Map of Life? Have we become a money driven civilisation ?
9/3/2013
An inspiring story of a High Court Justice Chandru. Such Judges should be publicly saluted and honoured
An inspiring story of a High Court Justice Chandru. Such Judges should be publicly saluted sp.m.timesofindia.com//articleshow/1…
Half of Child Woman (below 18), taking place in India. Is anyone worried?
I am really worried about this issue.
March 8, 2013
Joke in SC Judge to Junior Advocate : "Get an idea" -
Judge asked, Do you know what this case is about?
"No, Sir, I have no idea", he replied.
"Then Get Some Idea...
As they say in TV advts.
Get some idea and come with some idea"...
Judge said with a smile.
(Moral: SC Judges are also human beings and they also see TV. So get some ideas and give your ideas to judges :)
(In the Court of Hon'ble Justice T.S. Thakur)
8/3/2013
March 7, 2013
Legal Puzzle: For all parents who have property, quarreling sons and unmarried daughters. Must Read
Yesterday, some parents came to me. They had built three storied property from their own income.
They have two married sons, one unmarried daughter.
On ground floor, parents and daughter live. On first floor, younger son lives. On Second floor Elder Son lives.
Now sons are pressing.
Give us the flats in which we are living. Transfer them in our name. We want to sell our part and want go and live away from you.
Parents say, this whole three story building is our own property.
You have no legal rights in our property. We can give it away to any charitable purpose also.
And further, which of you two son is ready to pay for marriage expanses of daughter?
Anyway, we don't want to sell our property until we live. Parents said.
Everyday, quarrels takes place in their house. There is no peace in house.
.........
What legal advice or counsel can I give to these parents?
Legally speaking, in their self acquired property sons have no rights.
But this will not bring peace to their home. Sons are morally right. They are grown up. They have wives and children.
They want to go to a better place. Must they wait till deaths of parents to get their share?
Why papa mummy are refusing to give them their right to which they are entitled after death of papa-mummy? They ask.
How will you solve this problem?
There is a legal solution which can meet needs of all.
First, parents should say to their sons that it is ok. They are right.
This will take off heat the parents.
Then the question will be how to do it. What legal papers can be drawn to protect interest of all ?
What legal documents can protect and assure rights of all family members.
SOLUTION
In my view parents should file a civil suit in court in which sons and daughter should be made party respondents.
Parents should ask court
1) To declare that the property is their self acquired property, built from their hard earned money and neither sons nor daughter have any rights in property.
2) Then, they should ask for an injunction, that neither sons nor daughter should trouble them in Anyway till case is pending
3) Then they should say in suit that even if Sons and Daughters have no right in property, parents are willing to give them undivided share in property, if sons and daughter agree to following conditions. Then they should list their own conditions.
Then Court will ask Sons and Daughter, if they are agreeable to conditions placed by parents?
If they will say no, then court will pass order directing them not to pressurize parents till case is pending in court.
If sons, will still harass parents, then they will be liable to be punished by court in contempt law.
If Sons and daughter and parents reach some, formula acceptable to all, court will pass order accordingly.
This may bring peace in family.
7-3-2013
March 6, 2013
SC: Those who get exparte orders from court and then keep delaying matter for years, can be fined Rs.1 Lakh p:/nb
Supreme Court has not laid down such hard and fast rule. But such is the upshot of judgement by Justice G S Singhvi and Justice S J Upadhyay in case of New India Assurance Co versus Gopali reported in 2012 (12) SCC 384 on 5-7-2012
In fact, today I filed a similar application where other side is enjoying exparte stay against my client since six years. I asked for Rs. 6 Lakh cost in favour of my client.
Haresh Raichura
6/3/2013
March 5, 2013
How a small town lawyer reached Supreme Court- My Story & Our ills of Legal Profession Part 3 of 3
The purpose of writing these three short parts was to indicate to small town junior advocates that even if there is no lawyer in their family, without any support, they can climb from small town court up to Supreme Court.
Even if there is only one lawyer in family, it helps a lot to those who enter field of law.
But without any lawyer in family, without support of anyone in field, it is really very hard to settle in practice of law.
To find a job for a new lawyer in small town, is also a difficult task. In big cities they now get immediate jobs in LLP or other outsourcing firms.
But there is joy of a bird flying on it's own wing for those who join profession of law and start independent practice of law.
1) DISILLUSION FIRST
The road to Supreme Court is not paved with bricks of gold. It is paved with broken dreams of disillusioned young legal talents.
The Bollywood attracts handsome boys and beautiful girls. But all of them do not make it. Most finish as working as 'Extra' on low wages in films. Some even don't get that also.
Same is about practicing law in Supreme Court.
All that glitters is not gold. All you read in newspapers about Supreme Court is not true.
Supreme Court is covered with a curtain of glittering illusions. When you push hard, you can enter through this curtain. And then you are disillusioned.
The practice in High Court and Trial Court is the real practice of law.
Here, you can make bungalows of marbles and can still upkeep your ethics and character.
But, when I was in High Court, I did not listen to anyone.
The wiser advocates in High Court, advised me not to shift to practice in Supreme Court.
They pointed me examples of a number of advocates who had shifted to practice in Supreme Court and who had returned back to High Court in three years.
I ignored them. My eyes were blinded with illusions. I did not listen to them.
And today, you may not listen to me and you may want me to just show you how to get entry in palace of Supreme Court.
Well, you have right to choose your destiny. So far as I am concerned here goes my story.
2) SCOPE OF THIS ARTICLE
After writing part 1 and 2, I paused for few days.
How much can I write without hurting feeling of anyone and without hurting great image of Supreme Court. I have learned a lot here. I worship this institution.
I will write as much as necessary to discourage you from coming to Supreme Court.
I really do not want you to come and start practicing in Supreme Court.
As I will go further in narration, you may understand why I do not want you to come and to start practicing in Supreme Court.
....
I first came to Ghaziabad and started commuting to Supreme Court from there.
My clients in Central Jail, Sabaramati, Ahmedabad were shocked to read my new address.
They immediately, wrote to me that there are lots of crime and I should not live there.
I used to keep a beard at that time.
At boarder of Delhi, police used to stop me, assuming that I may be a terrorist. I used to show them my pass as Supreme Court Advocate. They used to check and let me pass.
This was year 1990.
I removed my beard. This was my first requirement to practice in Supreme Court.
Continued - 5/3/2013
Chapter 3
4) SURVEYING PROSPECT OF SHIFTING TO SUPREME COURT FROM HIGH COURT
1989
Ambition was there since 1982 to shift to Supreme Court. I was very much impressed by judgements of Justice P N Bhagwati, Justice A N Ray. It was dream to practice before such great judges of Supreme Court.
First Case- a non event.
A tenant has lost a case in all Courts below. He gave me Rs.2000/- to try his case in Supreme Court.
I remember only this much. In Supreme Court Compound there is Post Office. Someone there pick pocketed and took away Rs.2000/- paid by client.
Second Case is more memorable. It was based on Lebowitz, an American lawyer's style. It boost up my confidence.
A poor man in Ahmedabad had lost in High Court. For two years, he kept showing his case papers to about 50 advocates in Ahmedabad. All said nothing can be done in his case.
Someone gave him my name. I saw a point in his case. We came to Delhi to argue his case.
Here, I tried principle of Lebowitz, a lawyer of US. I had read his book.
He was a District Court trial lawyer. Once he had to appear before federal Supreme court of US.
He was told that in Supreme Court, you cannot show evidence. You have to argue only law.
It was his case that in Jury List, only white people's were listed. Black people were not listed. Therefore discrimination.
He lost in all courts below and Courts found that Black people were also listed in Jury Duty list and there was no Discrimination.
In Supreme Court, before 9 judge bench, he offered to show jury list to judges. Though it was against rules, judges allowed him to show list. And one by one, nine judges glanced at list.
In list, only white people were listed. At end a line was drawn. Then above the line and below last name of white jury, in small space, name of a black person was inserted to make it look that black men were listed in each list.
The manipulation in lists was clearly visible. In 5 minute, he won case.
I used same method in case of this poor man. When case come up, judges said, 'you have lost in all case. There is nothing in your case'.
I said, Yes. But my client's heart is still burning. So I have come to show your lordship a photograph. I hold out in my hand a 1945 photograph. It was not part of evidence in court below.
Judges said, how can we see photographs in Supreme Court? Then they asked, What is in photograph?
This opened argument. Case went for two hours. I partly won case and returned to Ahmedabad. I decided that I can shift to Supreme Court. ( Somewhere else in this blog, I have written about this case as 'Are our Supreme Court Judges better than British Judges?)
The question was still about taking consent of wife before shifting to Supreme Court. She insisted on seeing things for herself. We came to Delhi. We studied various risks. Then she agreed.
I took advise of friends. Then I heard that some senior advocate had shifted to Supreme Court a month ago, and a private farewell party was was given to him by top lawyers of HC.
I conveyed to President of Bar, that I want to give Ice Cream Party at my expanses to all the about 2000 members of Bar since I am shifting to Supreme Court.
Ice cream came. Everyone who got free ice cream asked, "Why this free ice cream?" Someone told them that Mr. And Mrs. Raichura are shifting to Supreme Court.
When Ice cream was sent to chambers of HC judges, one judge raised a question, can we eat ice cream offered by a lawyer?
Other judge pacified him, it is only an ice cream and we are not going to give him any discretionary order in return. Secondly he is leaving High Court, so no harm in eating ice cream.
The point is, in one day, it was known to whole Bar that, I was shifting to Supreme Court and they can refer me briefs if they choose.
Continued 6/3/2013
Nature of Legal Puzzles: 1) Kidnapping with view to murder 2) Kidnapping without intention to murder 3) Kidnapping for Ransom 4) etc etc. There may be 15 categories of kidnapping with different punishments. Lawyers try to fit facts in proper category. Each Case- an IQ challenge
Will write in detail later
March 4, 2013
Matters referred to larger Benches in Supreme Court
This may be mainly of interest to lawyers who may be practicing in Supreme Court.
1) Laita Rani Case: Whether police is bound to register as FIR every complaint?
2) Whether CBI bound to register FIR if information submitted to it, after preliminary inquiry, discloses a cognizable offense?
3) Whether Supreme Court has power under Art 142 to direct that it will recover awarded amount from owner and not form claimant( if paid already to him)?
4) Whether accused can be forced to give voice sample, and whether it constitutes violation of his right under Art 20(3)?
5) In matter of Compassionate Appointment, which policy is applicable, policy at time death of employee or policy operative when deciding application for compassion Appointment? Two Benches have given different judgements.
Continued -
Can a person be forced to give his "Voice Sample"? Does it not violate his fundamental rights?
Art. 20 says that an accused person has right to remain silent and he cannot be forced to give evidence which may be used against him in criminal trial.
Can an accused person be forced to give "Voice Sample" ? Does this violate his fundamental rights?
Two judge bench of Supreme Court, has deferred on this issue and has referred the question to larger Bench on 7.12.2012 in case of Ritesh Vs UP in criminal appeal No.2003 of 2012
Haresh Raichura
4/3/2013
March 3, 2013
Legal Aspects of "Banning Cow Slaughter" - Explained in layman language
I am not very informed in this subject. Whatever I know is based on casual observations.
LEGAL ASPECTS OF BANNING COW SLAUGHTER AT NATIONAL LEVEL
1) Some people run business of running slaughter houses. They claim that law to ban cow slaughter can infringe upon their fundamental rights guaranteed regarding doing business of one's choice.
2) Some people say that in their Hindu religion, cow is worshipped like a mother. Therefore permitting cow slaughter is violative of their fundamental right of practicing religion of their own choice.
3) Thus the legal dispute is about seeking a balance between two conflicting fundamental rights.
Both sections are complaining violation of their fundamental rights.
The burden is on States and Center and Supreme Court to balance these rights and to pass proper laws.
There is concept of Reasonable Restrictions. All fundamental rights are subject to reasonable restrictions.
So there is a legal power in States and Center and Supreme Court to ban cow slaughter by putting reasonable restrictions.
Even without any law in this area, if cow slaughter is hurting religious sentiment of any religious group, they can consult local court lawyer about filing a complaint under Sec.200 to magistrate for offense of hurting religious sentiment.
Magistrate can then call report from police.
Haresh Raichura
3/3/2013
Link for laws on subject
http://www.dahd.nic.in/dahd/reports/report-of-the-national-commission-on-cattle/chapter-ii-executive-summary/annex-ii-8.aspx
How by One Single Judgement Supreme Court of India can WAKE UP all of us- A practical Suggestion
I am sure that Supreme Court will not agree with suggestion I am about to make. It will find 'Reasonable Faults' in my suggestion..
But here is my suggestion.
1) Law says that in areas where there are no laws, Supreme Court can pass temporary laws, which will remain in force till law is passed by legislative body.
2) Right to clean Environment is fundamental right under Art. 21. Therefore, to enforce this right, Supreme Court can pass any order.
3) In some PIL, Supreme Court should lay down law that
"To spit in public street or place is offense punishable with fine of Rs. 200/- and if person is not willing to pay fine, he can be detained in police custody for 30 minutes"
4) It can further authorize, police authorities to appoint commission agents to enforce this law.
Every Commission Agent will be entitled to 30% Commission from fine collected. Rest of fine will go to State treasury.
5) Now visualize the Effect of Such judgement.
I think all of us will avoid spitting in public street. In fact, if we have to spit, we will look here and there to see that no one is watching us.
Haresh Raichura
3/3/2013
March 1, 2013
Suppose you are a lawyer and you are asked to draft a PIL to regulate butcher places? How can you go about it?
1) First search google.
2) Ask yourself, is there any law, rules, regulations, resolutions etc for regulating conditions of butcher houses?
3) Then ask yourself, who has power to make regulations? Central Government or State Government?
Here you may see some light.
In Constitution, In Art. 243W, you may find that it is provided that State can give powers to municipality to make regulations about matters in 12th Schedule.
In 12th Schedule, the subject of butcher house regulation is mentioned.
4) Fine... Now try to find out what rules/ circulars or resolutions are already made by Municipality or State Govt. Ask some friend in service, to guide you.
5) If you cannot find anything, well, use RTI.
Ask Chief officer, of Municipality if they have any rules, etc regarding butcher places.
Send similar inquiries to Directorate of All Municipalities in States, on this issue.
Send Similar inquiry to State Govt if they have any rules.
Also ask State whether it has delegated any power to Municipality under Art.243 W , Schedule 12, regarding this subject.
6) After two months, give all the letters, replies etc to lawyer. He may advice you whether HC or SC should be approached to enforce right under Art. 14,19(g),21 etc...
Haresh Raichura
1/3/2013
In UP, even if there is no provision for anticipatory bail, a party can approach HC with 226 petition to seek protection in event of arrest.
This I heard, during conversation in a case in Supreme Court.
Counsel was arguing that since There is no provision for anticipatory
Bail in UP, his client has filed 482 petition in HC, which is rejected by HC.
Counsel said that he only wants protection that his client may be granted bail in event of arrest by police, since there is no provision of anticipatory bail in UP.
One Judge said, in that case, even if there is no provision of Anticipatory Bail in Cr PC in UP, even than HC can grant relief in a petition under Art. 226 in the nature of anticipatory bail.
Haresh Raichura
1/3/2013
What will u do if Banker says that some of currency not deposited by u are fake and he will have to call police?
To keep fake currency notes or to try to circulate them are serious offenses punishable with life Imprisonment.
But suppose you get bundles of cash payment from a customer. You send some one to deposit them in Bank.
There banker finds that some of the currency notes are fake and he tells you that he will have to call police.
Then what will you say?
Initially, some such cases happened and police cases were registered.
But I think thereafter, some circulars were issued to Banks regarding what to do in such isolated cases.
Bank need not call police. It can destroy fake currency notes with consent of customer.
Matter ends there.
But if customer opposes destruction of fake notes or if quantity of fake note is high, the police may have to be informed.
I have seen a case were a customer put some notes in a cover and cover was dropped in ATM Box. When Bank contacted customer and told him that some of his notes were fake, he denied. So police case was registered against him for depositing fake notes in ATM machine.
Customer can use same method. If fake currency notes comes out from machine, he should contact Bank and ask bank's consent for destroying it and giving him fresh true notes.
If Bank denies that, then police case against Bank, Bank Manager can be filed for attempt circulate fake notes through ATM machines.
The police will have to investigate. But you should have some kind of proof to show that these fake notes were part of money you had obtained from ATM and you complained at earliest.
How small people get embroiled in such legal troubles
Mostly because of ignorance and little ego.
Suppose, you paid some money to X.
Next day this man comes back and says that one of note you gave was fake. When he went to deposit it in Bank, bank has destroyed it. Now he is asking same amount from you.
You are surprised and shocked. You say you never gave any fake note.
And anyway he should have checked before accepting amount from you... You get into denial mode. This escalates dispute.
This leaves a bitter taste in mouth of that person. He files a police case and trouble gets enlarged into a case and trial.
On the other hand if practical approach was made to solve the grievances, the matter could have been over with little loss.
Haresh Raichura
1/3/2013