LEGAL NEWS 06.10.2010

SC seeks Chief Secretaries response on rackets in States/UTs

IBNLive.com

“We feel that the beneficiary of the judgement may be hand in glove with
the officials in the government department who deal with files and files
are …

<http://ibnlive.in.com/generalnewsfeed/news/sc-seeks-chief-secretaries-response-on-rackets-in-statesuts/380643.html>

 

 

 

 

 

Accused get jail for murder attempt

Times of India

BIJAPUR: In a fast track judgement, the court has sentenced two persons
accused of murder attempt to three years imprisonment and a fine of Rs 500
each. …

<http://timesofindia.indiatimes.com/city/hubli/Accused-get-jail-for-murder-attempt/articleshow/6693539.cms>

 

 

 

 

 

There is no prima facie case’

Financial Express
SC has quashed the Calcutta HC judgement that refused central sales tax
exemption to Indure Ltd, which had imported MS Pipes for NTPC’s Farakka
super …

<http://www.financialexpress.com/news/–There-is-no-prima-facie-case–/693026/>

 

 

 

 

Priyadarshini Mattoo case: Supreme Court commutes death sentence to life

NDTV.com

New Delhi: In the Priyadarshini Mattoo case, the Supreme Court has commuted
the death sentence to life for Santosh Singh, the man accused of murdering
the …

<http://www.ndtv.com/article/india/priyadarshini-mattoo-case-supreme-court-commutes-death-sentence-to-life-57340?trendingnow>

 

 

 

 

Trial courts cautioned on domestic violence cases

Sify

New Delhi, Oct 5 (IANS) Under the domestic violence law, a trial court
cannot issue orders against those relatives of a married woman who have not
been in a …

<http://sify.com/news/trial-courts-cautioned-on-domestic-violence-cases-news-national-kkft4fjfged.html>

 

 

 

Salem‘s trial for murder: Apex court clears way for verdict

Sify

While the apex court was seized of the matter it directed the TADA court to
proceed with the trial but restrained it from pronouncing the verdict till
it …

<http://sify.com/news/salem-s-trial-for-murder-apex-court-clears-way-for-verdict-news-national-kkfu4dgieae.html>

 

 

 

 

 

Govt Directed to Reconsider Pension for WW II Veterans

Outlook

The country’s World War II veterans have something to cheer about in their
twilight years with the Armed Forces Tribunal quashing a Defence Ministry
order …

<http://news.outlookindia.com/item.aspx?695999>

 

 

 

 

CENTRAL GOVERNMENT EMPLOYEES NEWS: Tribunal quashes court martial

By 007 news

The Armed Forces Tribunal has quashed the orders of a former Army chief and
the dismissal of a soldier, who was tried twice by a Summary Court Martial
(SCM) for an offence. Signalman Sunil Kumar was dismissed by an SCM first
in March …

<http://employeesnews.blogspot.com/2010/10/tribunal-quashes-court-martial-in-case.html>

 

 

 

 

Now, Katta Jr faces cheque bounce case in HC

Times of India

Bangalore: Katta Jagadish, son of IT-BT minister Katta Subramanya Naidu,
has more trouble on hand — a criminal appeal relating to a cheque bounce
case is …

<http://timesofindia.indiatimes.com/city/bangalore/Now-Katta-Jr-faces-cheque-bounce-case-in-HC/articleshow/6694408.cms>

 

 

 

 

Hailing cabs ordeal even for HC judges

Times of India

Taxi drivers who were hoping for a sympathetic ear from the Bombay HC on
Tuesday were instead given an earful as the judges expressed their
displeasure over …

<http://timesofindia.indiatimes.com/city/mumbai/Hailing-cabs-ordeal-even-for-HC-judges/articleshow/6695718.cms>

 

 

 

 
MCD gets HC nod to remove ads from Metro sites

Times of India

The nod from HC came after DMRC told the court that it had no objection to
removal of commercial ads. Earlier, HC had stayed MCD’s move to remove the

<http://timesofindia.indiatimes.com/city/delhi/MCD-gets-HC-nod-to-remove-ads-from-Metro-sites/articleshow/6695582.cms>

 

 

 

 

HC throws out KIADB officer’s plea

Times of India

BANGALORE: The Karnataka High Court on Tuesday dismissed a criminal
petition filed by Chikkabettaiah, a former Special Land Acquisition Officer
with the …

<http://timesofindia.indiatimes.com/city/bangalore/HC-throws-out-KIADB-officers-plea/articleshow/6694410.cms>

 

 

 

 

HC backs curbs on TN school fees

Times of India

CHENNAI: Private schools in Tamil Nadu cannot collect fee in excess of what
was fixed by a government-appointed committee in the current academic year,

<http://timesofindia.indiatimes.com/city/chennai/HC-backs-curbs-on-TN-school-fees/articleshow/6695164.cms>

 

 

Gulberg: HC asks Zakia to depose after Oct 22

Indian Express

The HC passed an order in this regard while acting on a petition demanding
appointment of a Court Commission to record Zakia’s statement. …

<http://www.indianexpress.com/news/Gulberg–HC-asks-Zakia-to-depose-after-Oct-22/693219/>

 

 

 

Plea to HC against land acquisition

Times of India

KOLKATA: Exactly a couple of years after Tata Motors decided to move out of
Singur, a section of landlosers from West Midnapore have filed a petition
in the …

<http://timesofindia.indiatimes.com/city/kolkata-/Plea-to-HC-against-land-acquisition/articleshow/6694905.cms>

 

 

 

HC asks Registrar General to issue circular against misuse of National Emblem

Indian Express

A Division Bench headed by the Chief Justice Jaynarayan Patel directed the
Registrar General of the Calcutta High Court to issue a circular to stop
the …

<http://www.indianexpress.com/news/HC-asks-Registrar-General-to-issue-circular-against-misuse-of-National-Emblem/693284/>

 

 

 

HC relief for MBBS student

Times of India

MUMBAI: The Bombay High court has come to the aid of a first year MBBS
student from Nair hospital who had been declared as having failed in the
examinations …

<http://timesofindia.indiatimes.com/city/mumbai/HC-relief-for-MBBS-student/articleshow/6695395.cms>

 

 

 

 

HC rejects bail plea of 3 accused

Times of India

HC has also dismissed the bail of her son, who is brother-in-law of the
deceased and a co-accused in the FIR. Dismissing their bail application,

<http://timesofindia.indiatimes.com/city/chandigarh/HC-rejects-bail-plea-of-3-accused/articleshow/6694575.cms>

 

 

Following HC observation, govt asks officers to ensure strong defence in courts

Indian Express

In view of the recent observation of the Punjab and Haryana High Court that
land acquisition cases are not being properly handled in subordinate courts
by …

<http://www.indianexpress.com/news/Following-HC-observation–govt-asks-officers-to-ensure-strong-defence-in-courts/693121/>

 

 

 

HC declares SEC’s rejection of AIMS rights, bonus offer illegal

Financial Express Bangladesh

The High Court (HC) has declared illegal the securities regulator’s
decision to reject the rights and bonus offers of AIMS First Mutual Fund.

<http://www.thefinancialexpress-bd.com/more.php?news_id=113888&date=2010-10-06>

 

 

 

 

Award for Keshu challenged in HC

Express Buzz

KOCHI: The Kerala High Court on Tuesday directed the Director of Film
Festivals, 57th National Film Awards, to produce the minutes of the
regional jury …

<http://expressbuzz.com/cities/kochi/award-for-keshu-challenged-in-hc/212713.html>

 

 

 

HC rejects Cadila plea for exclusive use of ‘sugar free’ tag

Economic Times

NEW DELHI: The Delhi High Court has turned down the plea of drug firm
Cadila healthcare seeking to restrain Diat Foods from using the ‘sugar
free’ tag for …

<http://economictimes.indiatimes.com/news/news-by-industry/healthcare/biotech/healthcare/HC-rejects-Cadila-plea-for-exclusive-use-of-sugar-free-tag/articleshow/6691358.cms>

 

 

 

Government submits affidavit in HC on Puri temple security

Economic Times

CUTTACK (Orissa): The Orissa government has told the High Court that the
report of a judicial probe into the stampede at Puri Jagannath Temple
during the …

<http://economictimes.indiatimes.com/news/politics/nation/Government-submits-affidavit-in-HC-on-Puri-temple-security/articleshow/6689976.cms>

 

 

 

HC orders fresh autopsy on official’s

Times of India

MADURAI: The Madurai bench of the Madras high court on Monday ordered the
police to exhume the body of civil supplies officer who died in Tuticorin
last …

<http://timesofindia.indiatimes.com/city/chennai/HC-orders-fresh-autopsy-on-officials/articleshow/6686453.cms>

 

 

 

Ensure students don’t block seats in private med colleges: HC to state

Hindustan Times

The Bombay High Court, on Tuesday, asked the state government what it
proposed to do to ensure seats in private medical colleges were not blocked
in the …

<http://www.hindustantimes.com/Ensure-students-don-t-block-seats-in-private-med-colleges-HC-to-state/Article1-608940.aspx>

 

 

 

HC directs cops to protect advocate commissioners

Deccan Chronicle

Oct. 5: The Madras high court has directed the DGP to instruct all police
officers to provide sufficient protection to the advocate commissioners
whenever …

<http://www.deccanchronicle.com/chennai/hc-directs-cops-protect-advocate-commissioners-182>

 

 

 

HC demands report on docs busy in private practice

Times of India

LUCKNOW: The Lucknow bench of Allahabad high court comprising Justice
Pradeep Kant and Justice Ritu Raj Awasthi has directed state government to
inquire and …

<http://timesofindia.indiatimes.com/city/lucknow/HC-demands-report-on-docs-busy-in-private-practice/articleshow/6694587.cms>

 

 

 

Activist judges can thwart corrupt cops: HC

Hindustan Times

“The HC considers that a judicial officer apart from being a Judge is
also a human being and citizen of this country. While discharging
functions, a Judge …

<http://www.hindustantimes.com/Activist-judges-can-thwart-corrupt-cops-HC/Article1-608915.aspx>

 

 

 

HC surprised at state’s deadline for riot relief probe

Times of India

AHMEDABAD: The Gujarat High Court was surprised at the time limit set by
the state government to conduct a departmental inquiry against employees
allegedly …

<http://timesofindia.indiatimes.com/city/ahmedabad/HC-surprised-at-states-deadline-for-riot-relief-probe/articleshow/6686272.cms>

 

 

 

Natwar plea for papers is a delaying tactic: Supreme Court

The Hindu

Mr. Singh and Jagat had filed the special leave petitions (SLP) against a
Delhi High Court judgment rejecting their plea. Writing the judgment,
Justice …

<http://www.thehindu.com/news/article815106.ece>

 

 

 

 

Hearing in Ayodhya demolition case deferred

Times of India

The matter could not be taken up by the Special CBI court as the
notification for nomination of the judge is yet to be issued by the
Allahabad high court, …

<http://timesofindia.indiatimes.com/city/lucknow/Hearing-in-Ayodhya-demolition-case-deferred/articleshow/6694603.cms>

 

 

 

 

Why shouldn’t ‘woh’ get alimony?

Mumbai Mirror

Practising High Court and divorce lawyer Taubon Irani argues, “Such laws
might encourage a lot of wrongs. It will actually lead to more litigations.

<http://www.mumbaimirror.com/article/2/2010100620101006020238967404edb87/Why-shouldn%E2%80%99t-%E2%80%98woh%E2%80%99-get-alimony.html>

 

 

 

 

KPT, civic bodies responsible for cleaning Ganga after immersion: High Court

Indian Express

The Calcutta High Court on Tuesday directed that the guideline framed by
the West Bengal Pollution Control Board(WBPCB) will have to be followed for

<http://www.indianexpress.com/news/KPT–civic-bodies-responsible-for-cleaning-Ganga-after-immersion–High-Court/693282/>

 

 

 

 
High Court seeks info on lawyers with taint

Times of India

LUCKNOW: In a move that is likely to rein-in rowdy lawyers, a double bench
of the Allahabad high court (Lucknow Bench) on Monday issued directives to
the …

<http://timesofindia.indiatimes.com/city/lucknow/High-Court-seeks-info-on-lawyers-with-taint/articleshow/6694598.cms>

 

 

 

 

Draft bill for judges scrutiny okayed

Deccan Herald

In the apex court, the committee will consist of a retired CJI and two SC
judges and at the high courts, it will consist of a retired CJ and two high
court …

<http://www.deccanherald.com/content/102286/draft-bill-judges-scrutiny-okayed.html>

 

 

 

 

Sealink connectors don”t have environmental clearance: PIL

IBNLive.com

PTI | 01:10 PM,Oct 05,2010 Mumbai, Oct 5 (PTI) A PIL has been filed in the
Bombay High Court alleging that the over-land part of the Bandra-Worli
sea-link …

<http://ibnlive.in.com/generalnewsfeed/news/sealink-connectors-dont-have-environmental-clearance-pil/379297.html>

 

 

 

Bangalore‘s garbage management to be outsourced

Times of India

The villagers of Bingipura have filed a PIL against BBMP to prevent the
garbage dumping yard coming into their vicinity. Bingipura is one of the
villages …

<http://timesofindia.indiatimes.com/city/bangalore/Bangalores-garbage-management-to-be-outsourced/articleshow/6694338.cms>

 

 

 

Commuters, motormen fight over fan at Churchgate

Hindustan Times

The high court has directed the state government to file a reply to a PIL
challenging the construction of a ‘running home for motormen’ by the
Western …

<http://www.hindustantimes.com/Commuters-motormen-fight-over-fan-at-Churchgate/Article1-608926.aspx>

 

 

No sterilised hand gloves for Central railway porters yet

Daily News & Analysis

Activist Samir Zaveri had filed a second PIL in the matter. Dr Sarosh Mehta
had filed a writ petition in 2001 saying that the death toll in rail
accidents …

<http://www.dnaindia.com/mumbai/report_no-sterilised-hand-gloves-for-central-railway-porters-yet_1448282>

 

 

 

Hearing on Nagaland job reservation policy

Assam Tribune

KOHIMA, Oct 5 – The Chakhesang Public Organisation (CPO) has filed a
Public Interest Litigation (PIL) in the Gauhati High Court against the
State …

<http://www.assamtribune.com/scripts/detailsnew.asp?id=oct0610/oth07>

 

 

 

Thane top cop defends home minister’s OSD

Hindustan Times

Yadav had filed affidavit in reply to a PIL filed by Bharatiya Janata Party
(BJP) spokesperson Madhav Bhandari, alleging that Mhase and few other
government …

<http://www.hindustantimes.com/Thane-top-cop-defends-home-minister-s-OSD/Article1-608929.aspx>

 

 

 

 

Dummy writers’ case: Kapadia, doc get bail

Times of India

Moreover, a PIL was filed by a Congressman, Manish Doshi, demanding a
thorough probe in the case. On basis of this litigation, the high court
directed a …

<http://timesofindia.indiatimes.com/city/ahmedabad/Dummy-writers-case-Kapadia-doc-get-bail/articleshow/6686269.cms>

 

 

 

 

Farmers, Mundra SEZ reach amicable settlement

Times of India

They had filed a PIL in the Gujarat High Court claiming that the government
cannot hand over the gaucher land to the company without their consent. …

<http://timesofindia.indiatimes.com/city/ahmedabad/Farmers-Mundra-SEZ-reach-amicable-settlement/articleshow/6686260.cms>

 

 

 

 

Stiff fines in new excise Act

Times of India

The most important change that the Act brings in is that the fine for
consumption of liquor in public places will go up to Rs 5000 from the
present Rs 200. …

<http://timesofindia.indiatimes.com/city/gurgaon/Stiff-fines-in-new-excise-Act/articleshow/6694554.cms>

 

 

 

 

 

Jaipur girl seeks Rs 25 lakh for lost eye

NDTV.com

Choudhary, who lost the ability to see from her left eye after being
reportedly beaten by her class teacher, has filed a writ petition in the
Rajasthan high …

<http://www.ndtv.com/article/cities/jaipur-girl-seeks-rs-25-lakh-for-lost-eye-57236>

 

 

 

 

HC directs National Film Award Committee to produce minutes

IBNLive.com

Justice Antony Dominic directed the committee to produce the minutes in the
court while hearing a writ petition by M Abdul Majeed and Dhirubhai Chavan,

<http://ibnlive.in.com/generalnewsfeed/news/hc-directs-national-film-award-committee-to-produce-minutes/380481.html>

 

 

 

 

Govt may move SC over RoC chief’s appointment

Business Standard

“The ministry has got legal opinion that it should file a writ in the
Supreme Court against the interim order,” a ministry official said. …

<http://www.business-standard.com/india/news/govt-may-move-sc-over-roc-chief%5Cs-appointment/410386/>

 

 

 

 

SC/ST panel notices to Pathan, Parasher

Times of India

NAGPUR: The SC/ST Commission of Maharashtra has issued notices to former
Nagpur University vice-chancellor SN Pathan and pro-VC GS Parasher on a
plea by …

<http://timesofindia.indiatimes.com/city/nagpur/SC/ST-panel-notices-to-Pathan-Parasher/articleshow/6696233.cms>

 

 

 

 

B’luru BPO staffer’s murder: Cab driver convicted

MyNews.in

… Guddali convicted Shiva Kumar of all the three charges under Section
366 (kidnap), Section 376 (rape) and Section 302 (murder) of the Indian
Penal Code. …

<http://www.mynews.in/News/bluru_bpo_staffers_murder_cab_driver_convicted_N97168.html>

 

 

 

 

NHRC gives new panel four months to identify ‘mass-cremated bodies’

Chandigarh Newsline

The National Human Rights Commission (NHRC) has given four months to the new committee formed to make one final effort to identify the remaining

 

 

 

NHRC asks govt to file report on Deganga violence

Kolkata Newsline

The National Human Right Commission (NHRC) asked the Bengal government to file a report on the

violence that took place on September 7, at Deganga within a

CHILD TRAFFICKING AND CHILD ABUSE HAS TO COME TO AN END.: Supreme …

By Fakru Ahmed Bashu

“The Centre is releasing funds as per the suggestions of NHRC to state governments and union territories for carrying out a survey but no state has carried out the survey,” a bench comprising chief justice SH Kapadia and justices KS

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3 Responses

  1. “Justice is just a matter of not breaking the laws in your city. You’ll make the most of justice for yourself if you respect the laws in the presence of witnesses, but just do what comes naturally (by nature or physics) when alone, with no witnesses present. Because the laws are extra additions, but nature is necessary; the laws come from convention, not from natural growth, whereas the requirements of nature come from natural growth, not from convention. If those who made the conventions do not notice a person breaking the law, then he is free from disgrace and penalty, but not if they do notice him. But if, contrary to possibility, you violate any of the things innate by nature, the evil is no less if no one notices you and no greater if all observe. For you do not suffer harm as a result of opinion, but as a result of truth.
    “Now, if some advantage came from the laws for those who submitted to these conditions and some disadvantage to those who do not submit but resist, obedience to the laws would not be unhelpful. But as things are, it is obvious that the justice that stems from law is not sufficient to rescue those who submit. In the first place, it permits the one who suffers to suffer and the wrongdoer to do wrong, and justice was not at the time of the wrongdoing able to prevent either the sufferer from suffering or the wrongdoer from doing wrong. And when the case is brought to trial, there is no special advantage for the one who has suffered over the wrongdoer. For he must persuade the jury that he suffered and that he is able to exact the penalty. And it is open to the wrongdoer to deny it….”
    The great American Henry David Thoreau in his great essay Civil Disobience went further and stated that one should break laws even if there are witnesses. He argued that you have a moral obligation to break laws even if you suffer the consquences. Out founding fathers took a much more radical view that one should violently overthrow the government if one disagrees with its laws. Thomas Jefferson proposed recurring revolutions as the only mechanism of liberty. The greatest enemy of the rule of law are governments that make a multiplicity of laws.

  2. ACCOUNTABILITY OF THE LAWYERS AND CONTEMPT PROCEEDINGS

    “I am unjust, but I can strive for justice,
    My life’s unkind, but I can vote for kindness.
    I, the un-loving, say life should be lovely,
    I, that am blind, cry against my blindness”.
    We, the lawyers are still like cavemen with our back turn to light watching the shadow of the wall. There is an iron cage, not having any ventilation and people are living in the state of suffocation, virtually on the verge of their death point. There is a complete apathy of the custodian of the power towards their welfare and in our country “We, the people” who are regarded to be the sovereign of the nation are living a life full of abrogation and subjugation.
    I seldom consider that whether it is worthwhile to shout a voice and thereby invite some lighter sleeper to suffer the agony of the death and this purpose achieved through my writing may serve some purpose. Since the daylight shallow the darkness, I have written articles to take the intellectual from apathetically approach towards rectification of prevailing maladies as to wake up. The politicians have imposed mindless socialism, which held in thrall the peoples endeavour and enterprise resulting in transfer of potential from the honest benevolent to the dishonest opportunist.
    We are now slave of destructive elements and foreign ambitions. Politicians act in nefarious designs with impunity. Political parties motivated with vested interests are dancing to usurp power through any means, fair or foul even at the cost of sacrificing the Nation’s existence to personal interest. Party systems have pushed to advance its own schemes upon the ruin of the rest. Our politicians are Mafia dons next to the invaders. Robbers have generally plundered the rich who are seldom subjected to legislation always plunder the common citizens and protect those Mafia dons under the phraseology of “law making sovereign power” having the connotation “procedure establish under law to be cherished instead of due process”.
    There is always an excuse for tyranny and mal-administration, which has degenerated the national character. The power given needs a safeguard from such arbitrary power and unfair exercise. In present set up freedom has become an abuse and liberty as licence. Therefore the moral damage is more terrible. An oppressive system is more to be feared than a Tiger.
    Deep needs to express thought;
    Profoundly sickening to compel;
    Remain silent at expression;
    Limitation of freedom of thought;
    Is attack on social rights;
    As spiritual force is stronger;
    Than any material force;
    As thought leash to average conscience;
    By the necessities of fatal policy;
    Time is free-fold present,: as we experience it, the past, as the present memory and future, as a present expectation .The expectations can not be the same and as anticipation. It is different from a wish, a desire or a hope nor can it amount to claim or demand on ground of a right. A pious hope even leading to a moral obligation can not amount to a legitimate expectation in the strict sense. The protection of such legitimate expectation does not require the fulfillment of the expectation where an over riding public interests require otherwise. Thus even if substantive production of such expectation is contemplated that does not grant and absolute right to a particular person. the protection is limited to the extent of judicial review. To strike down the expectation of an individual adrift to the pragmatism. Thus millions of people belonging to the deprived and venerable section of the humanity were looking to the courts for improving their life conditions and making back human rights meaningful for them.
    The Hon’ble Supreme Court acted as an instrument of status quo-upholding the traditions of Anglo-Saxon jurisprudence and resisting radical innovations in the use of the judicial power to promote social justice under the republican constitution till early 1970 with some Hon’ble expectations, but in the light of a social economic philosophy alien to our freedom movement and aspiration of the liberated people, the Apex Court has started a giving importance to the rule of Law with “tryst with destiny”. The outstanding judicial activism in the quest for social justice came by the enormous contribution of Hon’ble Supreme Court in the recent years. The use of new found judicial power in the service of “WE THE PEOPLE OF INDIA” who has often being represented in the judicial forum have always been at the receiving end of mal-administration and exploitation.
    There is a most vital question, which is require to be dealt with by the lawyers that since there is nothing in the legislation against an officer passing an illegal and absurd order with malafide intention in due discharge of his duty, contrary to the purposes, for which the duty is so enshrined to him and for distant extraneous consideration. What Remains with the party affected by such a reprehensible conduct, except to approach the Hon’ble court, which is only assigned with power to rectify the error of law. This has provided the burden upon the courts to conduct the administrative functioning in absence of legal acumen –ship with the officials discharging official function of Quasi-Judicial Nature.
    Thus the participation of lawyers are required in legislative functioning as well in the Executive side by given them the representation in parliament and legislative assemblies as well as law officers in every departments. There is only one individual Fundamental Right in chapter III of our constitution with some collective fundamental Rights, i.e. Article 19 and Articles 25 in our constitution of India. Unfortunately we have completely forgotten the restriction impose for entertaining the Writs under Sub Articles 2 to 6 of Article 19 in our constitution while filing and entertaining the writ petition. However, notwithstanding , when the Judiciary at the Apex level found that the Government has now failed to discharge the duty castled upon it, then the other articles couched in negative language were required to be interpreted in the positive dimensions.
    This is the reason of excessive burden upon the lawyers and ultimately upon the Hon’ble Courts. It has always being considered with due respects that the lawyers are playing the role of the mothers by provided their valuable assistance in administration of the Justice to the Society and for this Purposes, Hon’ble Judges of High courts and Supreme Court are called as Hon’ble Justices and not by the name of the Judges, like that of the Subordinate Courts in the hierarchy of Judicial institution. If we have the strict enforcement of the power given in our constitution, there will be hardly some cases, which we may deem to be strictly amenable within the jurisdiction conferred under article 226 of the constitution of India.
    It will be instructive to sun up this discourse with the observation of Hon’ble Chief Justice Bhagwati in Sukh Das. “It is common knowledge that 70 percent of the people living in rural areas are illiterate and even more than that percentage of the people are not aware of the rights conferred upon them by law. Even literate people do not know what are their rights and entitlements under the law. It is this absence of legal awareness which is responsible for the deception, exploitation and deprivation of rights and benefits from which the poor suffer in this land. Their legal needs always stand to become crisis-oriented because their ignorance prevents them from anticipating legal troubles and approaching a lawyer for consultation and advice in time and their poverty magnifies the impact of the legal trouble and difficulties when they come. More over, because of their ignorance and illiteracy, they cannot become self-reliant; they cannot even help themselves. The law ceases to be their protector because they do not know that they are entitled to the protection of the law and they can avail of the legal service programme for putting an end to their exploitation and winning their rights. The result is that poverty becomes with them a condition of total helplessness. This miserable condition in which the poor find themselves can be added to situations” (1986) 2 SCC 401).
    Accountability of a lawyer has been fixed in three dimensions picture. There has been the accountability of the lawyer toward the litigants, as the professional ethics. Simultaneously, there is also a accountability towards the court to maintain the esteem of justice by providing a valuable assistance, while the Hon’ble courts are busy in delivering of the judgement. The foremost and the most important duty and liability of the lawyer is towards providing the legal rights to the public at large, which is seldom discharged by them. Amongst these three liabilities, the former duty is associated in the daily activities for which there have been the provisions under the Advocate’s Act and the Evidence Act.
    Except by creating legal awareness amongst the poor, which is the foremost requirement; that is why it has always been recognised as one of
    the principal items of the programme of the legal aid movement in the country to promote legal literacy. It would in these circumstances make a mockery of legal aid it were to be left to a poor, ignorant and illiterate accused to ask for free legal service. This is the reason why the Hon’ble Court has ruled in Khatri II case that the Magistrate nor the sessions judge before whom an accused appears must be held to be under an obligations to inform the accuses that if he is unable to engage the services of a lawyer on account of poverty or indigence, he is entitled to obtain free legal services at the cost of the state.
    The Hon’ble Court also gave a general direction to every State in the Country to make provision for grant of free legal services to an accused who is unable to engage to a lawyer on account of reasons such as poverty, indigence or incommunicado situations (1986 2 SCC 401).
    In the judges Transfer Case, Hon’ble justice Bhagwati declared that law in the following terms: where a legal wrong or a legal injury in caused to a person of violation of any constitutional or legal right… and such person or determinate class of persons is by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the court for relief, any member of the public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case of breach of any fundamental right of such person or determinate class of persons, in the Supreme Court under Article 32 seeking judicial redress for the legal wrong or injury caused to such person or determinate class of persons. (1981) Supp. SCC 87).
    The Hon’ble courts are also supposed to call the Advocates for their assistance with due respect in discharge of duty pertaining to the responsibility of the lawyers by calling for their proper assistance. Simultaneously a question arises that how far having their reciprocal obligations upon the party, who has imposed the liability and responsibility assigned to the lawyers, is discharging these accountabilities. Thus, it is the foremost requirement, that the Advocate should have been respected with the equal respect, which the courts may realise to be given to them for proper maintenance of the esteem for administration of justice. This is a dedicate balance, which is necessarily to carry forward like the cart by having propounding balance upon both side of wheel to be dealt with. Unfortunately, there is a gradual decline in the standard to maintain the aforesaid yard stick being controlled and maintained from all the three sides in our Judicial System
    The main reasons for the aforesaid decline is the burden of the litigation, where the expectations of the litigants are having their natural desire to get the prompt justice. The delay in disposal of the cases on account of the cumulative pressure exerted from all the corner upon the functioning of the court for dealing with the variety of the litigation by inadequate strength of the Hon’ble Court is one of the most prominent cause for disrupting the noble profession of the lawyer. The Hon’ble Supreme Court on number of the occasion has highlighted the necessity for maintaining the cordial relationship between the bar and bench. The legal ethics associated with the obligations being discharged in this regard has also to be respected and safeguarded by the active co-operation of the lawyers. The intentions to interfere with administration of justice and the aspersions with disparaging remarks on the functioning of the courts, has now been considered sufficient for committing the contempt of the court.
    Let us examine the delicate issue on the question of the accountability of the lawyer and the initiations of the contempt proceedings and the power there of conferred upon the Hon’ble courts and the subordinate courts . The advocacy is not a craft, nor it is a trade or business but it is a calling for fighting against the injustice committed upon the individual who is coming for being rescued under the administration of the justice by propounding the cause through the lawyer for getting the proper remedial treatment but if on account of the compulsions of the surrounding circumstances, the matter is not heard finally then the accountability even for non disposal of the cases by the Hon’ble court is shifted upon the shoulders of the lawyer.
    Thus the lawyer in present situation is acting like the shock absorber between the litigant and the Hon’ble court and mental agony to the lawyer is quite proportionate than that of the burden upon the Hon’ble courts to deliver the prompt justice. Thus there is seldom a misbalance visualized for maintaining the cordial equilibrium which is supposed to be carried out by harmonious functioning for moving forward the cart of the justice. This aspect of the picture has now being over-looked by the Lawyers and at some instances by the Hon’ble courts, while exercising the power of contempt against the lawyer. The accountability of the lawyer is there but unfortunately there is no accountability fixed in respect of the functioning of the Hon’ble court by our Constitution. The speaking of truth is also contempt. If it is meant for disparaging the sanctity of the court. Thus it has even to discuss with introspection and cautions.
    All the members of the court are considered as wounded, where justice is found wounded with inequity, and judges do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminal are not punished.
    A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice, is the greatest sinner.
    Justice destroyed destroys its destroyer; and justice preserved, preserves its preserver. Hence, never destroy justice, lest being destroyed, it should destroy thee.
    In this world justice or righteousness alone is man’s friend that goes with him after death. All other things or companions part on the destruction of the body and he is detached from all company. But the company of justice is never cut off.
    When injustice is done in the government court out of partiality, it is divided into four parts of which one is shared by the criminal or doer of injustice, the second by the witness, the third by the judges, and the fourth by the president king of an unjust court.
    In my childhood, my teacher taught it to me in the classroom that “What ever you do; Do with your might; that is the way to be healthy, wealthy, and wise”. Subsequently, there after my father told me just few months before his death when I completed my 18 years of age that “Thou thy path be dark as sky; There is a star, thy path to guide, So trust in god and do the right “.
    By the gradual process of up and downs in my life, I could have been able to learn through my experiences that what we may be able to get through the grace of god are not the scattered love, nor the success and wealth but the knowledge. Thus I have started worshipping the almighty with the following prayer. O, gods to thee I pray increase my knowledge day by day. It is only now after attending the respectful command amongst the members of the Bar and Bench that I have started thinking that all these notions in my life are based on the correct foundations.
    This is my firm determination that what ever I may be able to achieve in my life that will be dependent on the out come of my efforts on these guidelines and none else. Notwithstanding, there are the fluctuations in the formation of these notions, which provides me a sense of mental agony, frustration and disappointments in life. There is the profound bleeding at my heart on the psychologically region which seldom gives me an effect of chafing of the wound before it can be healed. This is the painful reminder of the lost empire, which was built on solid foundation. It is gradually obliterating.
    The plights of such advocates are remarkable in respect to their struggle, for which have nobody to support them. These advocates are put to the disadvantageous position in their struggle for existence. They are not having the shelter to protect their head nor any guardian to guide them. There is no sympathy with these advocates, who have settled from outsides. Since, the adversities are the touchstone of brave mind, they keep on doing the struggle and by the passage of time, they may enjoy a respectable position at Bar. The crucial conditions are still having their predominating conditions in the legal profession. This is on account of their non- adaptability in the profession by such fundamentalist elements, which provide the top priorities to the conservative approach instead of liberal out look towards them.
    There is the negligent proportionate of representations to such lawyers having no background to support them from their forefathers in the elevation prospects as the members of the Bench. The names are recommended on the advises of the senior judges. Thus the predominating factors in the orthodox Indian society are seen on floor of choice. The unfortunate newcomer from the outside, who have the better experiences towards the problems of life, are put to the disadvantageous situation in the matter of their selection. This is the hard reality of the day after the changes in the selection procedure by the judgement of the Apex court. This is the cause of the resentment of the large members of Bar Association.

    Justice is a virtue, which transcends all barriers in the way of administration of justice. This is the acknowledged position of law that no party can be forced to suffer for the inaction or omission on the part of law enforcement agencies and whosoever he may be strong. Every decision will be passed according to the procedure established by law. Thus the law has to bend before justice. No court can restore the broken heart of the justice and he should provide such protection, which is necessary for them like dutiful parents. The decision may not be repugnant to the normal concept and the basic unit of the society may not be allowed to be influenced by immorality. Thus the ultimate responsibility is by enunciating the foundation of a system on which administration of justice may get the public confidence in our judicial system.
    The just and social duty is cast upon the legal profession. This is possible by the conduct and action of the people associated with legal profession by obliterating the inequalities as uneducated and exploited mass of the people may get a helping hand. What is legally due is to serve the duty and it is not worthwhile for an Advocate to become the spokesman of the litigant irrespective of the fact whether his cause is meant for sponsoring the justice to the society at large. The conduct anticipated in this manner is befitting from his status by upholding the high and honorable profession. There are the high expectations from, and advocate, which is fair, reasonable and according to law.
    There is the gradual decay of the above noted standard and the participation in the legal process, which should have been conducted completely flawlessly, and foolproof, they are picking out the lapses by expressing unsavory criticism. The consistency is now been considered as no virtue and the obligation of judicial conscience, which was meant to correct the error is manifesting like uncontrolled epidemic. This is the reason why the legal profession is not been accepted as a noble profession. The proceedings are dependent upon the remedies available under the law.
    Every act of statutory body which must have been exercised by keeping the purpose and objective meant for enshrine the statutory power with the authority should have been exercised by keeping the object of such power which is meant by the statute and not with other extraneous consideration, otherwise the fraud will be perpetuated and the faith and belief shall not be subjected to any judicial scrutiny. Thus an accountability is must whenever as wrong is corrected. Some time in such matter of adjudicating without any valid cause, the court unwittingly becomes party to the miscarriage of justice. The judiciary is an ultimate interpreter of the constitution, which is assigned with a duty of the delicate task ensuring that the action of the authorities vested with the statutory power may not breach or transgress its limit.
    It is distressing that an unscrupulous litigant in order to circumvent the due administration of justice of the court seldom found by adopting a dubious recourse of ingenious methods. These includes the filing of fraudulent litigation to defeat the right of the other person and such tendency deserves to be curbed out by passing the appropriate orders to provide a check upon such unhealthy practice and also by issuing necessary directions including imposition of exemplary cost. This is required for strengthening the belief of the common man in the institution of the judiciary. Creation of such faith may result in reaching the excellence in the profession.
    The credibility of the judicial institution is founded upon the faith of the common man in its proper functioning. The faith would be eroded and the confidence destroyed if the officials deployed with statutory duties may start acting subjectively and not objectively. Society expects honesty and integrity and thus the official must be taught to act fairly, unbiased and impartially. The purpose of the court is to see that the society does not loose confidence and as such the court itself may not consider themselves that they are above the law. In appropriate cases even the court may find to pull down the shutters of adjudicator jurisdiction before a party if his conduct is not subjected to be entertained against the so called grievances which is not genuine.
    The exercise of judicial discretion is founded on the well recognized principles established by law . The menace of frivolous litigation may not be permitted to be hidden under the rigmarole of legal technicalities. The realities of
    the life have to be kept in mind while appreciating the evidence. The court is not oblige to make efforts to protect the guilty of polluting society and man kind. Thus in exercise of the constitutional power of the High court, the endeavor should have not been given for impairing the cause of justice by the court itself. The legal profession of an advocate is certainly having certain professional obligation, which are distinguishing from the business commitments. Thus if the court may not participate in the activities of providing justice at large, it is not permissible to get the injustice permitted by it by entertaining the frivolous litigation and to make them burden some to a common people.
    Trafficking in doubtful claims, one of the least attractive phase of litigation in this country, which find no encouragement in such a system, while the right of the creditors are post code with a jealously not less scrupulous than that which we find in the system with which we are more familiar. The order of lawyers are conservative by instinct and there are not a few who believe not only in the necessity but in the absolute sacredness of every technical rule, however unreasonable, and who see nothing but peril in innovations, however beneficial. The lawyers are always having perplexed with fear of change. He knoweth not the law who knoweth not the reason there of, therefore, it is not advisable to live in cloistered seclusion, detached from the world and all its pursuits. If you are ever tempted to join in the fierce hunt after the vulgar prizes of the world, remember that after all. That accretes and frets his hour upon the stage, and then is heard no more.
    “There is a land in the present age,
    Where the people live in graves
    Liberty, freedom all unknown,
    Service and be slaves.
    The people are living in free past glory of their own,
    As an outright, beggars would had sung,
    Well once upon a time. I was a king
    When such of the attitude of the people
    How can they get the freedom,
    Least to talk of liberty.
    Yet a certain day may come
    When the people will hum
    In the orchard of freedom
    Taste the juice of liberty”.
    (Not hearsay, not gossip, not publicity, but action.)
    Legal justice, with a humane mission, must update itself to legitimize progressive urges, discern the reality of social changes and design its delivery system, so as to obviate the dominance of the Proletariat by the Proprietariat and accelerate people’s access to effective, litigate justice. The contemporary command of social justice, which is also the socio-economic demand of the common people, is that the prevalent forensic astigmatism shall be corrected by sloughing off archaic, arcane authoritarian procedures which often spawn the paradox of a wealth of abuses and a poverty of access vis-à-vis institutions of legal justice.
    It has been rightly observed that civilisation beings in order, grows with liberty and ultimately dies in chaos. As such civil liberty are always safe as long as his or her exercise do not bother anyone. No state can justify the existence of administration of justice, if it fails to perform the maintenance of right within a political community by means of physical force of the state. Our present Administration system and judicial institution are nothing to do with the steady spontaneous growth of deteriorated state of our society, which is considered for vacillation of purpose and exhibited in those experiments.
    The conflicts of opinion and rivalry of interest influence them. There is no steady advance towards higher condition of progress. If it require by reason is power of law which is incapable to keep society in awe and as such it is not possible for an individual to live in society. Legal justice can only be represented through collective wisdom which is to be preferred to the wisdom of any individual. Legal justice has failed to serve the purpose of society because it is becoming more complicated and right as well as conservative as a result it gives more importance to form than to substance.
    Life is a sylock, always it demands, the entire world worship to ascending sun. A successful man is always for bidder of individual success. Ultimately we have to choose between the reason and sentiments. We have to stake our life to win the life for our self. A small movement may best serve as an instrument to serve its own way. The strong is strongest when alone. The impossible is often untried. We should not forget to Tennessee’s charge of light brigade.

    Rectification of an order thus stems from the fundamental principles that justice is above all. It is exercised to remove the error and not for disturbing finality. Neither the rules of procedure nor technicalities of law can stand in its way. The order of the court should not be prejudicial to anyone. Rule of stare decisis is adhered for consistency but it is not as inflexible in administrative law as in public law. Even the law bends before justice. Entire concept of writ jurisdiction exercised by the higher courts is founded on equity and fairness. If the court finds that the order was passed under a mistake and it would not have exercised the jurisdiction. The erroneous assumption that in fact did not exist and its perpetration shall result in miscarriage of justice then it cannot on any principle be precluded from rectifying the error. Mistake is accepted as valid to recall an order.
    The foundation of the judiciary is the trust and the confidence of the people in its ability to deliver fearless and impartial justice and as such no action can be permitted which may shake the very foundation itself. The rule of law is the foundation of a democratic society. The judiciary is the guardian of the rule of law and if the judiciary is to perform its duties and functions effectively and remain true to the spirit with which it is sacredly entrusted, the dignity and authority of the courts has to be respected and protected at all costs.
    Justice is supreme and justice ought to be beneficial for the society so that the society is placed in a better-off situation. Law courts exist for the society and ought to rise up to the occasion to do the needful in the matter, and as such ought to act in a manner so as to sub serve the basic requirement of the society. It is a requirement of the society and the law must respond to its need. Judicial discretion cannot be guided by expediency.
    Courts are not free from statutory fetters. Justice is to be rendered in accordance with law. Judges are not entitled to exercise discretion wearing the robes of judicial discretion and pass orders based solely on their personal predilections and peculiar dispositions. Judicial discretion wherever it is required to be exercised has to be in accordance with law and set legal principles. Judicial function cannot and should not be permitted to be stonewalled by browbeating or bullying methodology, whether it is by litigants or by counsel. Judicial process must run its even course unbridled by any boycott call of the Bar, or tactics of filibuster adopted by any member thereof.
    Justice means justice between both the parties. The interests of justice equally demand that the guilty should be punished and that technicalities and irregularities that do not occasion failure of justice are not allowed defeating the ends of justice. Principles of natural justice are but the means to achieve the ends of justice. They can not be perverted to achieve the very opposite end. That would be a counter-productive exercise. Law is a living organism and its utility depends on its vitality and ability to serve as sustaining pillar of society. Contours of law in an evolving society must constantly keep changing as civilization and culture advances. The customs and mores must undergo change with the march of time. Justice to the individual is one of the highest interests of the democratic State. Judiciary can not protect the interests of the common man unless it would redefine the protections of the constitution and the common law. If law is to adapt itself to the needs of the changing society, it must be flexible and adaptable. Law is a social engineering and an instrument of social change evolved by a gradual and continuous process.
    History and customs, utility and the accepted standards of right conduct are the dorms which singly or is combination shall be the progress of law. Law is the manifestation of principles of justice, equity and good conscience. Rule of law should establish a uniform pattern for harmonious existence in a society where every individual would exercise his rights to his best advantage to achieve excellence, subject to protective discrimination. The best advantage of one person could be the worst disadvantage to another.
    Law steps in-on to iron out such creases and ensures equality of protection to individuals as well as group liberties. Man’s status is a creature of substantive as well as procedural law to which legal incidents would attach. Justice, equality and fraternity are trinity for social and economic equality. Law is the foundation on which the potential of the society stands. Law is an instrument for social change as also defender for social change. The power of judicial review of the executive and legislative action must be kept within the bounds of constitutional scheme. There may not be any occasion to entertain misgivings about the role of judiciary in outstripping its limit by unwarranted judicial activism being very often talked of in these days.
    The democratic set-up to which the policy is so deeply committed cannot function properly unless each of the three organs appreciate the need for mutual respect and supremacy in their respective fields. When the misuse is within tolerable limits, no uproar is heard, no media publication is seen. But when the magnitude of misuse assumes a menacing proportion, outburst of various types becomes noticeable and then a scam surfaces. A lawyer owes a duty to be fair to his client, but also to the court as well as to the opposite party in the conduct of the case. Administration of justice is a stream, which has to be kept pure and clean. It has to be kept unpolluted. Administration of justice is not something, which concerns the Bench only. It concerns the Bar as well. The Bar is the principal ground for recruiting Judges. No one should be able to raise a finger about the conduct of a lawyer. While conducting the case he functions as an officer of the court.
    The legal profession is a solemn and serious occupation. It is a noble calling and all those who belong to it are its honorable members. Although the entry to the profession can be had by acquiring merely the qualification of technical competence, the honour as a professional has to be maintained by its members by their exemplary conduct both in and outside the court. The legal profession is different from other profession in that what the lawyers do, affects not only an individual, but the administration of justice which is the foundation of the civilized society. Both as a leading member of the intelligentsia of the society and as a responsible citizen, the lawyer has to conduct himself as a model for others both in his professional and in his private and public life. The society has a right to expect of him such ideal behavior”….If the profession is to survive, the judicial system has to be vitalized. No service will be too small in making the system efficient, effective and credible”.
    It is fundamental that if rule of law is to have any meaning and content, the authority of the court or a statutory authority and the confidence of the public in them should not be allowed to be shaken, diluted or undermined. The courts of justice and all tribunals exercising judicial functions from the highest to the lowest are by their Constitution entrusted with functions directly connected with the administration of justice. It is that expectation and confidence of all those, who have or are likely to have business in that court or tribunal, which should be maintained so that the court/tribunal perform all their functions on a higher level of rectitude without fear or favour, affection or ill-will.
    The Judges are participants in the living stream of national life, steering the law between the dangers of rigidity on the one and formlessness on the other hand in the seamless web of life. The great tides and currents which engulf the rest of the men do not turn aside in their course and pass the judges idly by law should sub serve social purpose. Judge must be a jurist endowed with the legislator’s wisdom, historian’s search for truth, prophet’s vision, capacity to
    respond to the needs of the present, resilience to cope with the demands of the future and to decide objectively disengaging himself/herself from every personal influence or predilections. Therefore, the judges should adopt purposive interpretation of the dynamic concepts of the constitution and the Act with its interpretative armory to articulate the felt necessities of the time.
    The judge must also bear in mind that social legislation is not a document for fastidious dialects but a means of ordering the life of the people. To construe law one must enter into its spirit, its setting and history. Law should be capable of expanding freedom of the people and the legal order can, weighed with utmost equal care, be made to provide the underpinning of the highly inequitable social order. The power of judicial review must, therefore, be exercised with insight into social values to supplement the changing social needs.
    The Judge can not retain his earlier passive judicial role, when he administers the law under the Constitution to give effect to the constitutional ideals. The extraordinary complexity of modern litigation requires him not merely to declare the rights to citizens but also to mould the relief warranted under given
    facts and circumstances and often command the executive and other agencies to enforce and give effect to the order, writ or direction or prohibit them to do unconstitutional acts. In this ongoing complex of adjudicator process, the role of the judge is not merely to interpret the law but also to lay new norms of law and to mould the law to suit the changing social and economic scenario to make the ideals enshrined in the Constitution meaningful and a reality. The society demands active judicial roles, which formerly were considered exceptional but now a routine. The Judge must act independently, if he is to perform the functions as expected of him and he must feel secure that such action of his will not lead to his own downfall”.
    Written by
    YOGESH KUMAR SAXENA
    ADVOCATE HIGH COURT
    Ex.-Vice- President Advocate’s Association, High Court Allahabad
    Vice President Of All India Lawyer’s Union U. P. Unit At High Court Allahabad
    CHAMBER NO.139, HIGH COURT,
    ALLAHABAD
    R/O-H.I.G.203, PREETAM NAGAR,
    ALLAHABAD PHONE- 0532 2637720/2436451, 9415284843, 9792131584

  3. Jurisdiction of court is like that of constructor of a building which has either perfection or many defects. The final word of posterity is dependent upon the skill and calibre of builder who may heartily desire to build up it like expert builders with architectonic virtues to amend or/and add some material both by method and uniformity and if the structure itself does not found ventilation for the want of windows and lake of sufficient light or other deficiency in the architecture, whatsoever, then to demolish the existing structure, only than we may blessed the amending hand as if the trumpet idea gives an uncertain sound who shall prepare himself to the battle? The jurisdiction of the court is founded on the basis of three factors; one to enforce the uniform applicability of law, irrespective of the fact, who is before it by the litigant. Second is pertaining to maintain uniformity in imparting the justice, as the law may not be swept away by mere ideological, sentimental and psychological retardation in interpreting the statutory provision. Thirdly, in order to get the equity and justice pertaining to the factual matrix closer to the rigmarole of the technicalities of the law and to take justice at the doorstep of law. Likewise justice should speak by tongue, word easy to understood, otherwise how a common man will understand and know what is spoken, if the justice shall be spoken into the air? There should not be such short sentences as we may forget the use of verbs which may reconcile the idea into action. There is an inbound difficult situation faced by the lawyers on account of the competition and the restrictions imposed debarring him to perform any business may further need for stagnation of the earning of a lawyer. This may result in the financial crisis affecting the family members and as such the litigants are commonly deceived by these problem ridden lawyers in generating false hopes. The Government has yet not generated a policy of providing legal assistance to the litigant. The medical facility and facilities for transportations are provided to the citizens from the hospital and the bus stand respectively, by the Government , but the litigant craving for the indulgence of the justice from the court of law is seldom getting the means to travel up to the door of the court. A system has to be evolved to provide cheaper legal opinion and simplifier system of the pleading to get the relief.In the last 62 years, the judiciary has only provided the tedious exercise to the litigant. The case filed before the court of law slowly travel on the basis of its pleading and framing of the issues for adjudication by the trial court. The appellate jurisdiction cannot even substitute the correct findings by replacement of the wrong approach as the discretion exercised by the trial court cannot be substituted by another discretionary orders as the jurisdiction of the appellate court is to reverse the finding and to sent the case back by remanding the matter to the trial court again till a perverse approach may not be adopted by the trial court, It has been seen that the appellate court is rapidly indulging into the illegal approach by substituting his own discretion and thereby arriving to conclusion. Why the trial court is not accountable in case of the pronouncement of the wrong judgement? Why the appellate court may not seek the opinion of the High Court and Supreme Court on the substantial question of law by sending through referendum and the ultimate judgement is pronounced by the appellate court. The functioning of the trial court may also be simplified by indulging in the dispute from the realistic attitude, instead of believing and relying upon the false testimony and manufactured evidence. More the procedure of the court of law may become simplifier and Speediest with expediency regarding the disposal of the case and the decision imparted is within a very short period, the confidence of the people may be reposed in the judiciary. There is no need to have the experiment conducted upon the cause of the litigation for the betterment of the law, but to impart the justice within few days and the finality is attributed upon it. In the matter of a suit of specific performance, declaration of the title and the property right with perpetual injection, if it is ultimate found that the party filling the suit has no substance for claiming their right, a heavy compensation in the form of damages may be imposed upon him. Similarly the concept of the plea bargaining with that of the effective role of the investigation agencies may be given to find out the substance of accusations and the innocence may be proved in the criminal trail by shifting the burden upon the accused. In case of false allegation labelled against the innocent citizen, the similar punishment and the sentence of the conviction be imposed upon the informant/companion. The victim may be compensated by the appropriate compensation through the state government. The aggressor must be identified for the punishment not the individual providing resistance.

    “The play is done : the curtain drops slow falling to the prompter’s bell. A moment yet the actor stops and looks around, to say farewell. The approving audience gives him cheer. He bows to them and says his say. Yet down his cheek there falls a tear from him. This is the ending of his days.” Time is three dimensional picture; having a past memory and future expectation with the present identification. Every expectation is not anticipation, nor may they generate good sense among citizens. Thus, the aspirations of an individual may result in attracting the inhibition of a desire for betterment of the relief sought from the court of Justice but in case of disappointment, it may lead to the frustration and anger generated by a citizen over the functioning of the judiciary. In this manner, the command of the sovereignty vested within the ambit of the court of law is least respected. People have started believing in demonstrating their horoscopes to the pundits before entering inside the court of law. They are frustrated with the extended dates and their financial constraint to pay the expenses are mostly the cause for studying horoscopes, reading palm and numerological effect by the name to choose their date for indulging their lawyers in the process of argument. A peculiar situation has been emerged into the process that the legal profession is considered to be the process of the gamble and the proxy and the broker. The legal profession, which was reputed as the noble profession for imparting the justice to the people engaging them has become a business and rather a trademark with unpredicted outcome. There has been the street fast inflation and monstrous hiking in the purchase of the articles of the daily use and the escalation in the value of the property and as such the hike in the fees of an advocate is the further problem generated amongst the litigants.

    Fragrances are more hypnotic , music more inspiring , food tastes better and the sense of touch is more intense. This is all because of human Aura, which is extending an outlining the head and body through spiritual cult in the form of twinkle blue, pale or gold and glitters through etheric world. The physical vision is usually peripheral with the third eye located as pineal gland. This is known as holo, which passes through legend, but gradually earthlings have lost the ability to see the Aura, the etheric or a holo except the few person, who have retain the gift in their present incarnation. This is of vital importance to the individual’s health, happiness and spiritual involvement. The esortic wisdom begins with the understanding of real existence. You can be able to see the etheric or human Aura and then your subconscious will pack up the message for uplifting you to the higher self by using the crowded elevator. This overlapping and mixing of etheric self with crowded elevator creates tension and uneasiness except few extravagant personality. Every person in the world need a space. There are electromagnetic charged atmosphere, which may be washed out by taking a bath through shower. As those magnetic pits which may be picked up from others be washed off. Some of the animals have better sense of understanding the effect of Aura, etheric and spiritual carving of individual through there perceptions.
    Adversaries are the touchstone of brave mind. The spiritual way of living may only be adopted by taking the course of its learning which the individual may incline, when he will proceed further to learn in this regard. Since the necessity is the mother of invention as such without having any need for learning, one may not advance through this process, except in adverse circumstances. It is rightly being said that the bearer of the shoe knows as to where it pinches to such individual. Let us start with physiology of human body which has the respiratory organ for breathing of the air. It provides the survival of the cells of the brain and the rest of the body is provided the air for nutrition and energy. The deep breathing indulges the individual through passing off the channel from the nostrils and comes in the contact the thin layer over brain where the fluid is filled up and is connected with spinal cord at its base. The “Kundanlini” in the individual contains the fluid which is sucked through suction force to the cells of the brain. In this process the potential to one’s perceptions in respect of his retention power inside the brain may directly be attributed to the individuals memory. This gives a personality cult of an individual to make the further advancement in life. In absence of such atmosphere, one may feel despotic isolation and thereby the stagnation to the process of evaluation may ultimately ruin the future prospective for progress. In getting this sacrosanct proceedings as the protection of the rightful claim be justified through the remedial measurement, ostensibly by adopting the processual implications involved in the court. Thus, the pronouncement of the verdict from inside the court of law is not merely on the perceptual logical interpretations of the statute but also for adopting the procedural law. Thus, the participation of the lawyer in summarizing the foundation of the claim and to cope up the aforesaid factual dispute for redressed of the grievances against the oppression is required to be done with a demonstrational justification. Seldom in this process of factual adjudication, is the substance of the justice being imparted transgressed into the misnomer? In this manner, the litigant’s interest which is considered as paramount is not given to them. This phenomenon, that justice should not only be done but appear to have been done, may lead the deceptiveness of the argument and the pleading in the process of litigation is ending in the naught by crucifying the element of the truth.

    The mind is the master of senses and the breathe is the master of mind. The mind cannot be restrained without restraining the breathe. Mental activities keeps pace and respiration. Thus the consultation is regarded to be the best source for all sort of management of human affairs. This may be in numerable form of philosophy. The philosophy of argument and the philosophy of the rule which capture the intellect in there nets and led it away from the true knowledge. The physical control is merely a preparation for mental control. When the mind is calm down, It is indeed the process of becoming one with reality begin. Only few dies of suffocation but rest of the death are caused as such person has not been breathing enough from years. Let us examine the existence of these principles which are necessary for the protection of the society in which the judicial discipline is the source of inspiration for protecting the fellow existence. The Hindu mythology also based on the principle of separation of power. There are the different duties and role assigned to the omnipotent powers in the universe. Lord Brahama is considered to be the creator of animal existence and other human being in this world while the Lord Vishnu is considered to be considered to be the protector of the living creator while Lord Shiva is maintaining an equilibrium by imposing the appropriate punishment as to maintain the esteem of administration of justice. There is not even an absolute power vested with the God itself according to our Hindu mythology. Thus the concept of legislation, executive and judicial power is embodied with separation of power.
    The religious virtues are marked with ten characteristics viz. patience, forgiveness, self denial, honesty, purity, mastery over senses, sensibility, knowledge, veracity, and cheerfulness. The individual has not given an absolute power and likewise the universe protects the existence of other fellow being to be ruined by the stronger as the lion and other carnivores animals may not destroy every healthy and vigorous animals. Thus the individual having the absolute power of government may not be allowed to rule the nation. The ruling body of the people may not be vested with the absolute power nor the person embodied with such power should be allowed to delegate it to some other person otherwise the fate of the nation will be identical to the fate what we have visualised by giving the power of management to the British East India Company who had subsequently captured the full command over the nation. The mutiny became the turning point for justifying the rule by the British domination, as the nation was subsequently came under the control and sovereignty of the British Empire.
    The country must be free from enemies and for this purpose law and order situation must be effective in vanquishing the enemies and resisting their onslaught. For this purpose, the enforcement agency be admirable and efficient for becoming victorious through benevolent rules and regulation. The law of punishment is the dispenser of justice. The theory of retributive justice must be implemented to wake the people who are fast sleeping. It is difficult to wake them by shouting a voice as those who are having the intoxication by power, wealth and privilege may not rise to the occasion for the advancement of the country. This is important as the virtue of religion which is meant to preserve the justice and not to destroy it. The abortion of justice provokes the resentment of the people. Thus it is important that at least a person who is sitting on the seat of legislating the law and to deliver judgement may not be voluptuaries, malicious and if he has such disqualification, then the person occupying such position should be punished by retributive justice.
    The justice is a very awful and majestic, It cannot be upheld by ignorance and non righteous person as the person who is not learned, untrained and block headed is never able to enforce the law with justice. Thus a wise man is only able to enforce the law in the strict sense. The decision of such judicial member may not be transgressed by any one. There were ten evils always recognised from ancient time which are arising from the love of pleasure; i.e 1) Hunting, 2) Killing of innocent animals, 3) Gambling, 4) Sleeping by day time, 5) Listening to love talks and scandals, 6) Excess with women, 7) Use of intoxicant, 8) Singing in club, 9) Playing musical instrument in night clubs, 10) Useless strolling. These vices are now been accepted in the society as the necessary evil. Nothing can eradicate the prevailing maladies except by strict enforcement of the discipline which is not given the due priority in our country.
    The government should watch if the justice is upheld in inflicting of punishment and no unjust punishment is inflicted. The treasury and the executive work must be in the hand of such responsible person who should be held responsible for the lapses and given deterrent punishment, in case they are found to provide the loss to the public exchequer. It is as fare if one hundred entrenched garrison soldier can resist the attack of ten thousand enemies, why not a patriot to this nation may be able to get the correct prospective of our system. Thus it is not only the punishment for reformation or censure is imposed but in the deserving case, the person deserving punishment may be provided with the exemplary punishment as no other person could dare to commit such wrong with the people. In case of violence, theft , adultery defamation, insult and assault, since these offences are usually being committed in secrecy, the onus is shifted on the accused person to prove his innocence.
    The culture and heredity plays a vital role in governing the nation. There should not be the denouncing to the existing values by invasion of encroachment over the existing set up. The attitude of the people is important and a governing factor to built up a society otherwise the inglorious incidents shall take over the existence of the society. The capitalism approach of life with atrocities committed by the superior over the down trodden is required to be dealt with sever punishment as there is no protection to the poor class of citizen.
    There is always a struggle for existence and it is understood that the survival of the fittest is the ultimate notion. Thus it is considered that a criminal coming in the public and getting ruthless shooting in discriminatory and mercilessly killing the innocent inhabitants in the society is seldom punished by the court of justice. He is evading his arrest and in case if he is being arrested, he may be bailed out easily and even in case of conviction, he shall rarely be confined in the four corner of the jail premises. This is the law of our nation.
    Let us examine the aspect of putting a poor farmer inside the lockup for the reason that due to the natural calamity and ecological misbalance, he could not ripe the harvest in the season and therefore was unable to repay the loan which he had taken for the improvement of the land. It is well known that the state government is the absolute owner of the entire agriculture land and the farmer has got only the cultivators right and if something is done for the improvement of such land, how the poor farmer can be kept in confinement. There is only one reason that in the country of “Daridranaryan“, the poor person is subjected to suffer the atrocities of the superior person but the rich people are above the law. One should not tolerate the injustice committed by the wrong doer over the innocent person as it is generally understood that the robbers usually rob the rich person while the government robs the poor people and leave the rich people beyond the clutches of law enforcement machinery.
    There is another aspect of the picture that a bread earner, who is knocked by a fast moving vehicle, may get some compensation from the insurance company or from the owner of the vehicle under vicarious liability but if the person is stabbed inside his abdomen by the assailant, there is no compensation given to the victim. In case of death out of onslaught by some criminal, there is neither the punishment for the crime nor the compensation to the family of the victim citizen. How the government can claim to be the representative of the people ? What is the justification of saying that it is “We, the people” who are said to be the government ? Can a country may survive in such a type of anomalies and undisciplined atmosphere ?
    “All the members of the court are considered as wounded, where justice is found wounded with inequity, and judges do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminals are not punished.”
    “A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice is the greatest sinner.”
    “ All the persons in that court are dead, as it were, and none of them is alive, where justice is killed by inequity and truth by falsehood in presence of its courtiers.”
    “ Justice destroyed, destroys, its destroyer; and justice preserved, preserves its preserver. Hence never destroy justice, lest being destroyed, it should destroy the destroyer of justice.”
    “ The learned regard him to be base caste who violates justice which gives all wealth and showers all blessings. Therefore no man should ever destroy justice.”
    “ In this world justice or righteousness alone is man’s friend that goes with him after death. All other things or companions part on the destruction of the body and he is detached from all company. But company of justice is never cut off.”
    Thus when injustice is done in the government and the Hon’ble Court due to inadvertent do not dart injustice and may attribute some partiality with underrepresented poor citizen and protect the criminal or doer of injustice, there may not be such deserving respect and it may circumvent the law with all inequity. Such a situation is alarming in the nation as the law which is regarded to make the citizen free from all side of encroachment, has itself is making the people enslave. Let a situation be derived by breaking the chain which is providing restriction to fight against the injustice. Although it is an iron curtain, but still one cannot blot all such hopes, as the hopes belong to a future. A single day light may shallow the darkness from our country.

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