Art 239AA:(4) Proviso: THREE circumstances when LG of Delhi can act against wishes of Ministers

Probably there are three circumstances provided in this Article where LG can act against or independent of opinions of Ministers of Delhi.

1) About specific matters within discretionary powers of Governor

2) Matters on which he differs with Ministers of Delhi.... Here he will ask opinion of President, and while awaiting opinion, he can decision against wishes of ministers if there is emergency.

3) Regarding 3rd Circumstance, "Silence of Constitution provision" applies. What to do if Ministers just keep sitting on file, neither agree nor disagree..... Here also LG has power to take decision assuming either implied consent of ministers or assuming implied disagreement of ministers. In both cases he has power to take decision independent of advice of ministers.

This is of course my personal view. Please check Article 239AA (4) Proviso, itself for authentic view. I have not come across a precedent on this issue.

Haresh Raichura
16th May 2015

Do you know why Jury system was abolished in India? Is there case for reintroducing jury system? #Judiciary

Till 1960, there was jury system in India. Prominent and educated citizens were called in court to perform jury duty.

Members of Jury used to decide by vote, whether a man is guilty or not guilty. If they say "guilty", then, the Judge used to prescribe sentence. The power of judge was limited to guiding judiciary and for prescribing sentence.

This practice is good and valid even today in many countries of world. In this way, people participate in justice system.

All worked well in India upto 1960.

Then one day a tragedy happened in Mumbai.

A navy officer suddenly came home unexpectedly. He saw his wife in hands of her lover. He pulled out his revolver and shot down both of them.

In court all eye witnesses said that the navy officer had killed his wife and her lover. Clear case of double murder.

In spite of all these witnesses, Jury gave unanimous decision that the Naval officer was "not guilty."

Judge became furious.

He dismissed jury and convicted Naval officer.

Thereafter, entire Jury system was abolished from India.

Now, we hear so much about corruption in lower courts. Perhaps time is ripe to re introducing jury system in India.

Haresh Raichura
11/5/15


Copyright : Haresh Raichura 2014. All Rights reserved.

SC: Dishonour of post dated Cheque given for Advance, is no crime under Sec.138 of Negotiable Instrument Act.

SC: Dishonour of post dated Cheque given for Advance, is no crime under Sec.138 of Negotiable Instrument Act.

For a criminal offence under Sec.138, some debt must be existing. If post dated cheque is given as advance, no crime under Sec.138 of Negotiable Instrument Act.

For detailed discussion please case of Indus V Magnum 2014(12) SCC 539

Haresh Raichura
11/5/2015


Copyright : Haresh Raichura 2014. All Rights reserved.

SC: If a woman enters into illicit relations with a married man, she can be sued for damages by married man's wife and children

This is called Law of Torts.

If a woman enters into illicit relation with a married man, she is in fact trying to alienate him from his wife and children.

This is an act of Tort. The wife and children of married man can sue this woman for damages in civil court.

Supreme Court has clarified this in case of I versus V K V reported in 2013 (15) SCC 755 Justice K S P Radhakrishnan and Justice P C Ghose

Haresh Raichura
11/5/2015

Copyright : Haresh Raichura 2014. All Rights reserved.

Drunk Rash & Negligent driving. When punishable under 304-A Culpability- 3 Degrees of Criminal Negligence.

Drunk Rash & Negligent driving.

When punishable under 304-A

Culpability- 3 Degrees of Criminal Negligence.

Causing death by rash and negligent act is punishable under 304A.

Degree of Criminal negligence depends on 3 factors.

1) act should be such as to endanger human life.

2) it actually endangered human life and caused grievous hurt or injury likely to cause death.

3) It actually caused death.

Then case falls under 304A

For more discussion on law, please see Upphar Cinema Case. Reported in Sushil Ansal V/s State. 2014 (6) SCC 173

Haresh Raichura
8/7/1015


Copyright : Haresh Raichura 2014. All Rights reserved.

Muslim wife. Asks for maintainance under Sec. 125. Husband retaliates and gives divorce. Wife still entitled to maintenance

Muslim wife. Asks for maintainance under Sec. 125.

Husband retaliates and gives divorce.

Wife still entitled to maintenance.

Her application for maintenance under Sec.125 will not be dismissed on husband giving her divorce.

Please see detailed discussion in Supreme Court judgement in case of Shamim Bano reported in 2014(12) SCC 636

Haresh Raichura
8/7/15

Copyright : Haresh Raichura 2014. All Rights reserved.

High Court guidelines for protection of children in playschools, kindergarten schools, prep primary schools

High Court guidelines for protection of children in playschools, kindergarten schools, prep primary schools

Small children should not be burden with books and other study materials. Their tender minds should not be burdened.

Detail guidelines are given by justice Sikri In case titled Social Jurist versus Govt of Delhi.

Here is full text of judgement

Haresh Raichura
7/7/15

Accident Claimant asked: High Court heard appeal since 2 years. Not delivering judgement. What to do? Ans:

An Accident Claimant asked: High Court has heard his appeal since two years. But still Not delivering judgement.

What can be done?

After hearing a case, High Court is expected to deliver judgement in about 2 months.

But if it does not deliver judgement in 2 months, then what can be done ?

Supreme Court has dealt with this issue and has given various directions.

The case is Anil Kumar Versus State of Bihar reported in 2001 delivered by Justice K T Thomas and Justice R. P. Shethi



Copyright : Haresh Raichura 2014. All Rights reserved.

Two Lama discuss 'How Judges Rate Lawyers & Theory of Entangled Quantum Leap'

Two Lama discuss 'How Judges Rate Lawyers & Theory of Entangled Quantum Leap'

(An imaginary piece inspired from a recent speech of a SC Judge to AOR Association)

(1)

Many Years Ago
In southern India
In a tall High Court,
Before a two judge bench,
A tall senior advocate arguing,

First he argued vehemently
And then he argued ferociously
And then he collapsed on ground

His heart had burst
As it could no more face
Force of his arguments

Ambulance came
Carried him to hospital

In evening that day
Two judges went to see him
In ICU unit of a prestigious hospital

As they were returning from hospital,
Younger Judge asked Elder Judge,
"How do you rate this lawyer?"

"He is a good lawyer, but not a good human being."
Elder Judge replied

(2)

In the mountains of Himalaya

Younger Lama asked Elder Lama
"How do Judges rate lawyers?"

"The judges rate lawyers by using physic's theory of Entangled Quantum Leap" replied Elder Lama

"What is this Entangled theory?" Asked Younger Lama

"Several elements are moving at different speed and space as per their nature. Then suddenly at an unexpected point, in an explainable way, a new element surfaces from nowhere. This is called Entangled Quantum Leap theory" replied Elder Lama

"And how do Judges use this theory to rate lawyers appearing before them?" Asked Younger Lama

"Judges observe behaviours and characters of lawyers and store these data in different areas of their brain.

Then when one judge discusses this lawyer with another judge, data from brain of one judge interacts with data in brain of another judge.

Reflection and deflection of data takes place.

A new rating of Lawyer takes place at an unexpected place in an unexplainable way.

And thus Entangled Quantum Leap Rating of lawyer takes place."

Elder Lama explained the process

Haresh Raichura
1/4/2015

Copyright : Haresh Raichura 2014. All Rights reserved.