RAJ KISHORE VAISH
01 October 2011 at 20:15
Pl. make a discussion , whether damage suit can't be filed due to the corruption of President of India , Supreme Court of India, High Court of India The Govt.after exhausting all remedies including the Notice U/s 80 of C.P.C. A Judgment is being attached here with. It is to be noted here that a Suit for damages was instituted before the Civil Judge ( Senior Division) Sitapur for amount Rs. 11042 Lacs with an application Under Order 33 (2)C.P.C., which was rejected u/r 5 a & d without providing to correct my application in view of amendment of High Court Allahabad present just below the Rule . Appeal was filed being an appeal able order before the Hon'ble High Court with the ground that the application can not be rejected either u/r 5(a) or (d) of Order 33 of C.P.C., had been too rejected observing serious and frivolous allegation against the defendants observing Criminal Contempt but could not issue notice .Whether it not my right to recover the damages ? Full and final order may be get from the Allahabad High court website , Lucknow Bench.
Member (Account Deleted)
01 October 2011 at 17:57
In a answer to a starred question in the LOKSABHA Mr Anthoni, Hon'ble Defence Minister has said :
That Unit Run Canteens ( URCs) are run by the armed forces with non-public funds and hence not being audited either by Defence Audit Auth or by the CAG.
CAG in its recent observation during audit of Canteen Stores Departments has questioned the decision of the Defence Ministry and insisting its audit.
My question is what is the definition of PUBLIC FUNDS, non-public funds , Private funds as well as Regimental Funds in specific relation to :
Funds alloted to armed forces from the CFI directly.
Profits generated from sales of CSD stores through URCs run by regular military units as well as Non-Military est?
Rebates/ Pagri /revenues received from civil contractors who are allowed to run their commercial activities on the defence held govt premises/ Accomodations?
Revenues / profits accrued from sale of non-CSD goods through shops and enterprises, nurseries and gardening, by tilling farm lands etc etc?
Can all those mentioned above for which all officers of the armed forces are custodians as well as accountable could be outside the purview of the RTI Act 2005?
Anonymous
30 September 2011 at 23:32
Dear Sir,
A college Governing Council(deemed Univ.) based on a report of educationist,installs CCTV cameras in campus,class rooms,& connect to internet, to have "academic exllence & discipline.". A girl student was scolded by her parents, for chatting with boys & she is depressed.. Students' forum Association wants to file writ in HC, seeking Writ Mandamus to direct Govrning council of college to remove.
Can it be possible & on what grounds students forum be successful? Can writ stand & under what article they can take shelter or college can restrict privacy of students?
Experts,Please guide. I will be thankful.
gowtham
30 September 2011 at 17:04
according new trai rules the number of sms messages are limited to 100 per day, is it not violation of fundemental rules , its not a resonable restriction ,experts throw some light!!
Member (Account Deleted)
27 September 2011 at 23:17
Can a Defence A1 land be used to construct a religious structure funded by Private party / from donations by devotees?
To be more specific- In one of the Army Unit a vacant land was seen being utilised for a new structure adjacent to the unit Religious Regimental Institution.
Against my RTI application I was intimated that the structure is merely a modification to that nearby religious Institution , hence required no sanction approval of its plan , expenditures are being met from donations , constructions are not being done by any construction company etc etc.
What are the rule position?
Smart Developer
26 September 2011 at 13:19
Its very unfortunate to know the people who are reponsible to protect and safeguard the interest of people are not even willing to help or listen. People are of the belief police is to serve and protect the people from any misdeed and if this is the way they behave then the common man would have to take laws in their own hand.
My vehicle No GJCN-xxx met with an accident on last sunday at Piplod, Surat, 18th September 2011, and the person who was responsible had agreed to pay once i gave her an estimate. On Tuesday i gave her estimate through my security guard to which, she asked the owner to come, so i personally visited her house as she was staying next to my building. When I reached her home she was not there and her husband was so furious when he came to know and started blaming me, he said you file in the court. She came as her husband called her and accepted her blame but her husband was not agreeing on anything. Finally I told her that i will call her next day.
When I called she said half I need to pay and other other she would pay for which i said it was very unwise to say. I asked her I would not have allowed her to go that day and took her to police. She instantly hung up my phone and switched off her mobile.
I then approached Umra police station, and duty person gave me several reasons we will also do the negotiation and see if problem gets resolved and all. We are not getting anything to do this etc etc. But they were ready to file the case, as this was the first time for me to visit police station, I told them I will come again if I wish to file a complaint and left.
I asked my wife to speak if this can be sorted, so my wife also called her up and she was rude with her as well and again hung phone.
In the noon I approached Umra police station with the hope that they can of some help, I was shocked to see the response of the police men who are there to help, rather they said THEY CANT REGISTER THE COMPLAINT OR DO ANYTHING as its been a week old thing.
How do we do the panchnama?
What is the proof that accident happened and bills you showed is correct? you can show 50000 Rs bill etc
Why dont you resolve it yourself, why do we need our help?
Its not our job to get the money from others pocket.
I told them they dont have to do that, but atleast they can raise a complaint, to which neither of them agreed. I asked them if this is the correct practise to which all of them said YES.
One of them later asked me you come in the night shift and meet the person who you had met in the morning if he can file the case.
I am writing this email to you in the hope that some action would be taken.
SURESH GODBOLE
23 September 2011 at 20:33
Dear Experts ,
I want to ask your opinion on this :-
(i) Is probe into 2G Scam conducted by CBI and ordered by the Govt is above Law .
The Lawmaking and whatever the Parliamentarians do in Parliament may be above Supereme Court jurisdiction but conducting of inquiry based on Criminal procedure by CBI or the Govt , in no way , can be construed as beyond the scrutiny of Courts.
The day it happens , the Govt will become DESPOTS.
(ii) Second , if a citizen of India would have said the same thing before Honble the Supereme Court (crossing of Laxman Rekha) while defending his case while arguing " NO NECESSITY OF FURTHER INVESTIGATION" , a Contempt notice would have been immediately issued on him .
Why the Govt of India is being given a FREE RUN ON THIS SUBJECT .
Can I as CITIZEN OF INDIA FILE A CONTEMPT AGAINST THE GOVT FOR EXPRESSING SUCH OPINION BEFORE THE COURT AS I AM ALSO A PARTY WHO HAS BEEN ROBBED OF AT LEAST A PORTION OF 1.76 LAKH Crores while distributing the liscences.
Pl express your opinion .
With regards ,
SURESH GODBOLE , 0-9929596546, JAIPUR
Swami Sadashiva Brahmendra Sar
23 September 2011 at 19:20
Is Parliament bound to accept the views of concerned States in a case of reorganization or change in the territories or States?
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Is our judiciary really corrupt ?
IS OUR JUDICIARY REALLY CORRUPT ?
Here are some shocking news items that appeared in news papers recently, regarding our “ independent and impartial judiciary “ as enunciated by our constitution !
Lakhs paid for a favourable verdict: Rauf
Express News Service , The New Indian Express
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KOCHI: In yet another controversy in the ice cream parlour case, it has come to light that K A Rauf, co-brother of Industry Minister P K Kunhalikutty, deposed that Justice K Thankappan and Justice K Narayana Kurup were
together paid an amount of `30 lakh for issuing orders favouring Kunhalikutty in the case.
According to the deposition, the then Advocate General M K Damodaran was paid `32.5 lakh for filing an affidavit in favour of the accused. Rauf had stated that Justice Thankappan and Judge Sathyan read out verdicts prepared by those connected with the accused.
Justice Thankappan was paid `25 lakh for getting four orders in favour of the accused, Advocate General M K Damodaran was given `32.5 lakh and Justice Narayana Kurup was given `5 lakh through his son-in-law, Rauf said in his deposition. He had also stated
that Kunhalikutty had scuttled the Kothamangalam sex case.
“Justice Kurup, who had dismissed a plea for CBI probe into the ice cream case, was given `5 lakh for a favourable judgment,” Rauf said adding that the money was given through Sunny, son-in-law of Justice Kurup. Sunny was contacted through former ADGP K C Peter. �
�In his deposition, Rauf said that Kunhalikutty was willing to give anything for blocking a CBI inquiry.
�When the case came up in the Supreme Court,the State as well as the police were asked to file affidavits. At that time, the then Advocate General M K Damodaran was contacted, Rauf said adding that he along with Kunhalikkutty had met Damodaran at least 10 to 30 times.
Though Damodaran wanted Kunhalikutty to close a loan liability of `69 lakhs for Malabar Aqua Farm Ltd in which his wife had a share, a settlement was reached by giving him `32.5 lakh. �
�Later, when the case was filed in the JFCM court, K V Joseph was appointed prosecutor and the order to incorporate his name in the panel was obtained from the department. The case came up before Judge Sudheer, who had mentioned the name of Kunhalikkutty at seven places, Rauf deposed.
�Additional Advocate General Beeran was contacted to shift the case from Judge Sudheer. When the appeals for shifting the case came up before Justice Thankappan, the draft order for Thankappan was prepared by Advocate Anil Thomas, Special Government Pleader to Advocate General. Later, the case was shifted to Sathyan, Principal Sub-judge. Judge Satyan was also paid `20 lakh for the judgment in their favour, he deposed.
Prosecutor Anoop Kishan was given a questionnaire to be asked to the witnesses. “All the witnesses were taught on the basis of the questionnaire in the house of Majeed at Chalappuram,” Rauf said. When the girls were scared of deposing, Kunhalikkutty accompanied him to meet the girls and
assured that everything had been arranged through the judge, Rauf’s deposition said.
Of the total, `36 lakh given to five girls, `11 lakh was given to Rejina, who had mentioned Kunhalikutty’s name in the affidavit. Immediately after the trial at
Kozhikode court, she was admitted to Vivek Mental Hospital. Rejula, who had also named Kunhalikutty, was given `3,15,000.
Rauf deposed that he along with Kunhalikutty went to Potta to meet� Fr Panakkal regarding the Kothamangalam case. After a closed door meeting with
Fr Panakkal, Kunhalikkutty asked him to pay `1 lakh and that everything had been settled.� Rauf alleged that even members of NHRC were bribed.
1. Former Law Minister and Senior Advocate Shanti Bhushan , appearing before a Special Bench comprising of Justices Altamas Kabir, Cyriac Joseph and Dattu alleged that 8 of the former 16 Chief Justices of India were “definitely corrupt”. Shanti Bhushan accused 8 former Chief Justices of India of "corruption", and dared the Court to send him to jail for committing "contempt of court".
2. The Ex-chief Justice of India (CJI), KN Singh, must be applauded for his candid admission that Indian judiciary is not free from corruption.
3. The recent saga of Karnataka’s Chief Justice, PB Dinakaran’s selection to the Supreme Court has brought ignominy to the Indian judicial system whether or not he eventually gets a seat in the highest court of the land. Serious charges were raised against Justice Dinakaran that he has amassed excessive assets during his tenure as a judge in the lower courts. Obviously, these allegations insinuate that Justice Dinakaran has abused his position as a judge to accumulate disproportionate amount of wealth. It is important to remember that the clamor against selection of justice Dinakaran to the Apex Court was raised not only by the bar association in Bangalore but also by eminent jurists like Ram Jethmalani and Shanti Bhushan.
4. 77 % believe judiciary is corrupt: survey
A Transparency International report released on Thursday says that 77 per cent of respondents in a survey in India believe the judiciary is corrupt. According to the Global Corruption Report 2007, the perception of corruption is higher in India and Pakistan than in Hong Kong, Malaysia,
Singapore and Thailand. In Pakistan, 55 per cent of the respondents said the judiciary was corrupt.
“The degree of delays and corruption has led to cynicism about the justice system. People seek short cuts through bri-bery and favours, leading to further unlawful behaviour. A prime example is the unauthorized buildings in Indian cities. Construction and safety laws are flouted in connivance with persons in authority,” the report says.
http://www.hindustantimes.com/News-Feed/newdelhi/77-believe-judiciary-is-corrupt-survey/Article1-225145.aspx
5. Is corrupt judiciary the new reality of modern India?
Corruption has seeped deep into the Indian Judiciary. To say that judiciary is not corrupt is to negate the very truth. Judges come from the same society and are prone to greed, threats, fear and favour like any other human being. There are glaring instances of the judicial officers being involved in corruption cases. Recently a large amount of cash was wrongly delivered at the doorstep of a sitting judge of Punjab and Haryana High Court at Chandigarh though meant to be delivered to a different judge. A CBI inquiry was instituted and the CBI found incriminating evidence to link a certain judge to have been involved in the case. However, the CBI sought to withdraw the case on the ground that the CBI was not given the mandatory permission by the Government of India and the CJI, required to prosecute a sitting High Court judge. Another glaring example of the corruption in the judiciary is the provident fund scandal in Ghaziabad court. In this case 21 judicial officers ranging from the ADJ to sitting judges of the High Court and a sitting judge of the Supreme Court of India is involved. In this case too, the CBI was made to kneel and crawl before the Supreme Court seeking permission to interrogate the accused judges. The CBI was asked to submit the list of questions likely/proposed to be asked from the honorable judges.