Vitiated proceedings by High court of delhi
Guest
(Querist) 23 December 2010
This query is : Resolved
Here is an order of D.B. of High Court , in petitions filed against orders of CAT:-
1. Arguments heard.
2. Reserved for judgment.
3. Relevant record pertaining to the contractual employment of the
petitioners as also the proceedings before a Sexual Harassment Committee on the
complaint of Dr. xxx has been handed over to us which has been retained.
Documents were submitted by counsel opposite/respondents by hand.
No copy of these documents was served to the petitioners nor these were a part of pleading before Tribunal.No opportunity was granted to petitioners to counter these documents nor there was any prior permission obtained by respondents for placing these documents on record.
The judgment was solely founded over these documents and a to z grounds urged by petitioners were pretermitted by court and both the petitions were dismissed.
Later on, none of abovementioned documents was found in the concerned file on inspection, also these were not filed through registry and these were handed over to judge at hearing, without any supporting affidavit.
Also, certified copy of these documents has not been supplied by high court after applying for it.
The documents are certainly forged and we have proof to it.
Now i request to all respected members to kindly look at the whole matter for the sake of Indian Constitution & law and tell what type of proceeding is this?
Kindly suggest a way to get petitioners' right back from the high court, exposing the fraud committed by respondents.
why judges accepted these documents while the judgment was being reserved ?
We want to bring all irregularities and omissions on record before appraoching to supreme court, are we right?
s.subramanian
(Expert) 23 December 2010
Strictly,the courts are not supposed to receive any new documents in any case sfter the matter is finally heard and reserved for orders.If any of the parties come forth with such additional evidence or documents,the matter has to be reopened with due notice to the other party,who is entitled in law to go thorugh those documents and submit his/her views on them. If those have been shut away from the other party,it is a case of serious illegality of procedure and the whole process will get vitiated.
Guest
(Querist) 23 December 2010
Dear friends,
Ultimately the petitions were dismissed relying solely upon these documents submitted by hand to the court and all of the grounds urged by petitioner were ignored and pretermitted by court
Now what is the short cut?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 December 2010
HC is the original court and it has inherant powers. You have probably misunderstood the procedure or did not present it properly.
Just because any order is not in your favor so it can not be biased. No not at all.
If you have facts , evidence go in appeal /revision.
Devajyoti Barman
(Expert) 23 December 2010
Yes the unfavourable order may not necessarily mean biasness of the court.
Guest
(Querist) 24 December 2010
I m afraid to say that how people are behaving at this site,
Cant anybody see the views given by Sh. S.Subramanium ji and Sh. Tripathi Ji and the illegality raised vide my query ?
Is it really permissible for courts to pass such type of orders and proceedings?
Rather than giving any legal idea people are commenting over the psychological aspects of querist .
I would like to ask Mr. Shashi to justify/make me understand the legality of the proceedure adopted by court as mentioned in the query.
As a general advice people here should mention their proper qualification and passing institution in their profiles.
Pls pls dont demoralise/humiliate a querist.
Arun Kumar Bhagat
(Expert) 24 December 2010
By spitting at the moon, no good is going to happen. Challenge the order in appellate order and if you are so sure about the injustice meted out to you inform the same to the higher authority including CJI, President, Leader of opposition and request them to take action so that the concerned justice is impeached. Candle light procession in some cases have worked.
Guest
(Querist) 24 December 2010
Dear Bhagat ji, pls tell, how to inform CJI, in a petition form or a direct complaint?
Guest
(Querist) 25 December 2010
Harivansh ji, Bhagat ji is telling to march with a candle before president's house!
Till people dont suffer themselves, they cant feel the gravity of pain sufferred by others.
Even not a little bit of insufflation without money from anywhere, what about true legal advice!!!!!!
Arun Kumar Bhagat
(Expert) 25 December 2010
It is the KARMA which invites sufferings and pains. Spider makes web which ultimately kills it. Instead of spitting venom at Indian Justice System or upon Judges, you hire legal brain and present your case in Supreme Court. Justice Rangnath Mishra CJI, had treated a Post Card intimation as PIL and passed orders giving relief to the aggrieved persons. A post card petition should not contain defamatory words otherwise the CJI may send the contemnor directly to Tihar Jail. Have faith in Indian Judiciary and Lawyers. who are integral part of the system.
Guest
(Querist) 25 December 2010
Sometimes it is other's KARMA, for which innocent people suffer like SUNAMI, EARTHQUAKE.
Terrorists kill people publically for their mirth and we people say that it's their KARMAS, who are being killed and give VIP treatments to those terrorists.
Brain is never legal or illegal and cant be hired till somebody really wants to help another.
A most legal brain cheated me and compelled to read the law books and Constitution.
I have full faith in Indian Judiciary and Constitution and Hon'ble Supreme Court of India.
Tihar jail is meant for the people who snatched our right, livelihood and legal brains who cheated us.No defamation can be imposed by anybody, who has no fame.
M V Gupta
(Expert) 25 December 2010
I feel Rashmiji should challenge the order passed by the HC without losing time. I feel no one should go beyond the legal aspects of a query posed in this forum. Let every one participating in this forum avoid extra legal comments and stick to answering the issue purely from legal point of view.
