May 31, 2014

Can complaint of criminal contempt of court be filed without permission of Advocate General?

Bal Thakarey Versus Harish Pimpulkhute case reported in AIR 2005 SC 396 says no.

But later case Amicus Curiae v. Prashant Bhushan says yes if the facts of case has wide implications on administration of justice. (2010) 7 SCC 592. 

Difference between these two cases is discussed in case of B N S  v. Advant decided by Supreme Court on 14.3.2011 

Haresh Raichura
31/5/2014

May 29, 2014

Delhi High Court Case : Even in case of bonafide requirement of landlord, time for 1 year to vacate can be given to tenant

Case is decided by Delhi High Court on 5.3.2014, titled GuruCharan Singh v. Praful ManMohan Singh deals with this aspect in last para of judgement. 

Sometimes, tenant can be living there since many years, and premises may be commercial. Here, tenant may need some one year time to relocate his business elsewhere.

May 28, 2014

Violence on Wife - the husband brutally sliced off tip of nose of wife : Year 1972. India

Domastic violence on women is still there in India. Laws are unable to civilize Male's Angry Ego.

I remember an incident of 1972. 

There was noise at the house at the corner of my street in a small town. An angry husband had just sliced of tip of nose of his wife.

They were poorest of poor. 

No one complained to police.

Wife was given treatment at government hospital. 

No plastic surgery was available at that time in that small town.

After a month, I saw the woman. She had put on some kind of mould made of wheat flour on her nose, to fill up the space on nose due to cutting off of tip of nose by husband. 

I saw her many times. 

She had to put on this type of mould whenever she came out of her house.

Today, I do many cases on behalf of husbands also. I find them hyper-aggressive and a little violent and a little stubborn. The very reference of wife sets up them on fire. 

I think this is more a problem of culture, civilisation and education. 

The laws to curb domestic violence have come. 

But nothing can undone injury inflicted on a woman. Sometimes they have to cary scars of injury through our their lives.

Haresh Raichura
29/5/2014