Action from cji
VIJAY
(Querist) 10 May 2017
This query is : Resolved
Hi Experts,
I would like to know what happens when anyone sends a letter to the Hon'ble CJI seeking justice?
Suppose a case in the SC was decided on emotional grounds and no merits/de-merits or reasons are mentioned in the order, can one send a letter to CJI to review the judgement.
Does the CJI even look at the letter and give any consideration to the contents especially when the letter is from common man and not a VIP or a celebrity?
R.K Nanda
(Expert) 10 May 2017
better file review petition in SC against its order instead of sending letters to CJI.
VIJAY
(Querist) 10 May 2017
Sir,
Thanks for the reply.
I'm told and also checked online that a review petition will go to the same judges during lunch break.
What is the point of filing a review petition?
R.K Nanda
(Expert) 11 May 2017
use the legal remedy available in the form of review petition.
Rajendra K Goyal
(Expert) 11 May 2017
Agree with the expert R.K. Nanda.
How are you concerned / related with the query?
Kumar Doab
(Expert) 11 May 2017
Agreeing with Mr.R.K. Nanda.
Pursue the legal remedy that is available.
Dr J C Vashista
(Expert) 12 May 2017
@ Vijay,
No court passes an order on emotional basis but decides on its merits and applicability of law on the subject, therefore, it is your misconception.
You are right, a review petition is being circulated to same bench which has passed the order/judgment, if available; but not during lunch break.
The review petition against an order passed by the Court is entertained only when there is some error appearant but not mechanically in the ordinary course of business.
Discuss with your lawyer if it is your own case as petitioner/appellant and you are a practicing lawyer, otherwise consult some senior lawyer in Supreme Court.
VIJAY
(Querist) 12 May 2017
@ Dr. J C Vashista,
Sir, for your response, But there are areas which are decided based on emotional factors and not on merits.
In my case it was a CR. Transfer petition against my wife who has already filed 498a against us at our place.
She filed DV and other cases at her place in TN. She did not file her response and took time for over a year and finally the LADY JUDGE (from TN) didn't even hear our side and just dismissed saying it was inconvenient for her to come to our place where there was already a 498a filed by the respondent. What kind of logic or merit is this?
The judge felt that my entire family travelling to her place for those cases was convenient.
What can we call this ? This is a classic example of attitude of SC or the LADY judges against men. Total disregard for justice to be done in the case and more towards saving the woman for forcing men for a settlement.
The sarcastic laugh that the respondent has after these kind of orders is very insulting and as if this country's judiciary is over whelming biased in favour of women.
VIJAY
(Querist) 12 May 2017
Now I have to take my entire family that includes ladies to her place where she can demand the huge amount that she wants.
Dr J C Vashista
(Expert) 13 May 2017
@ Vijay,
There is no requirement of attendance of all family members in the proceeding, your lawyer may move and obtain permanent exemption application (Section 205 Cr PC) before the trial court, which is formal.
In a case u/s 498A IPC, which heavily tilts in favour of complainant, it is next to possible in law to transfer where the complainant is "not residing" or "not interested"; which is not based upon emotions as stated by you but intention of parliamentarians dictate through legislation and courts are bound to interpret it accordingly.
Kumar Doab
(Expert) 13 May 2017
Agreeing with DR. J.C.Vashista, consult a very able senior counsel of unshakable repute and integrity.
