The following recent judgment of Justice Dhingra of Delhi HC exposes how lawyers make flimsy excuses to delay cases and put both litigants and witnesses to hardship. But the larger question is that if the lawyers are doing it, then why are not the judges putting exemplary costs to discourage such behaviour, as done in this case by having petitioner pay the respondent Rs 25,000. The important parts are made bold in judgment below: -------------------------------------------------------------------------------------------- http://lobis.nic.in/dhc/SND/judgement/10-03-2010/SND09032010CMM4962009.pdf CM (M) No. 496/2009 Smt. Rampyari & Ors.v. Ms. Kamlesh * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve: 2nd February, 2010 Date of Order: 9th March, 2010 CM (M) … [Read more...] about Delhi High Court exposes how lawyers do ‘business’ in India
Special Leave Petition can be rejected if based on false statements
Following SC judgment says that appeal to supreme court known as special leave petition (SLP) under Article 136 of the Indian constitution can be rejected if the statements made by appellant are found to be false. Also article 136 does not grant a right to any party to appeal. Article 136 of constitution is given below: 136. (1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law … [Read more...] about Special Leave Petition can be rejected if based on false statements
Foreign courts’ jurisdiction cannot be denied in family cases
From recent news below, it is clear that in case of marriage and residence of a couple abroad, when jurisdiction of foreign country’s courts apply in matter of family law; it is incorrect on part of an Indian court to try out a family law matter. http://www.indianexpress.com/news/lower-courts-cant-judge-child-custody-battle-for-nris-rules-high-court/588981/2 But following marital discord, Shweta came to Delhi in June 2008 with their child and decided against returning to her “abusive” husband. In Delhi, she filed a custody petition before a city court to get the child’s custody. Sunil, on the other hand, filed a child custody petition in the Superior Court of California in August 2008. A confounding situation arose when the Californian court passed an interim order, granting … [Read more...] about Foreign courts’ jurisdiction cannot be denied in family cases
NCW harassing women, is that news to me?
NCW is known to harass women, I mean not the young women of reproductive age but everyone else who is related to a man as sister, mother etc. But this allegation of harassment has come not from those women but from ex-NCW member Nirmala Venkatesh. http://indiatoday.intoday.in/site/Story/85761/India/Ex-NCW+member+says+chairperson+Vyas+harassed+her.htm New Delhi, February 26, 2010 Women are being harassed by the National Commission of Women itself, former member Nirmala Venkatesh alleged on Thursday. She held chairperson Girija Vyas responsible. Pointing to the recent resignation of Neeva Konwar from the commission, Venkatesh said she too was a victim. Venkatesh alleged that Vyas and member secretary S. Chatterjee "conspired and suppressed" inquiry reports submitted by her and … [Read more...] about NCW harassing women, is that news to me?
NRIs may be able to pay foreign currency for RTI
According to a proposal, NRIs in future will be able to submit RTI application by paying equivalent amount in foreign currency to Indian embassy. Read the news below: http://www.ndtv.com/news/india/now_online_right_to_information_applications_for_nris.php According to the proposal mooted by the ministry, an NRI will now be able to deposit Rs 10 as RTI fee in the equivalent local currency at the Indian Mission abroad and send their application through email to the concerned public information officer informing about deposit of fee. … [Read more...] about NRIs may be able to pay foreign currency for RTI
NCW trying to become more powerful and more pathetic
Now NCW wants to be able to prosecute men, even in criminal complaints! This could be a long dreamt wish come true for diehard men-hating Indian feminists. Unfortunately for them, there will be definitely some people in government with brains who will not allow a quasi-women rights body to assume powers of criminal justice system. http://www.hindustantimes.com/Women-s-rights-panel-likely-to-get-more-teeth/H1-Article1-508919.aspx A bigger and stronger National Commission for Women to ensure implementation of women-related laws and investigation of complaints is in the offing. As of now, the women rights watchdog has powers of a civil court but cannot investigate complaints or prosecute accused and initiate action against those who refuse to follow NCW orders, thereby rendering it … [Read more...] about NCW trying to become more powerful and more pathetic