SC Judgment of Constitutional Bech in 136 of the Constitutio

Sh. Assumi Sir,

I am well aware of bar of Art. 20 (1) COI in DV Act that is what is going to be examined

by Hon'ble SC.

You are right Article 20 of the Constitution of India reads as under:-

”Article 20: Protection in respect of conviction for offences - (1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.”

The Act in question came into force on the appointed day i.e. 26 – 10 – 2006 as per Notification No. S. O. 1776 [E] dated 17 – 10 – 2006. It is thus apparent that on the date of the Act coming into force no offence as alleged in several of present day DV Complaints have not been committed. If retrospective sense is given to DV Act which is not so as no where it is mentioned and a Hon'ble Judge is not requirted to interpret a Legislative wisdom mixing his own words into it and if it is so then I will also add here that legislature choice of words in a Act / Code is very minimal and they donot waste their words and when legislative interest is not to waste any word and after enaction how come these several HC's interpreting in their own ? 

Look at the chiotic situation emerging with such interpretation Law so to please section of feminists all those Divorce cases which are over will be opened up even all those maintenance cases which are closed are opened up.

Another argument is what is DV Act classification criminal or civil ?  if given retrospective effect then under Crl. Law it is double jeoprady and uncer Civil Law it becomes matter of res-judicta so one side Courts say overload of work now they should love this special overload thanks to pleasing sections of feminists and interpreting legislative enacted law as per their pleasure.

A common man is better in such situation as he knows from intution / gut feeling what is justice that he deserves and does not be requiring Courts of Law for Justice.........welcome to self enacted world of khaps then.....

Rgds. 

MR ASSUMI SAID -

QUOTE   I would like to know whether that matter has been taken up by the Constitutional Bench of the Supreme Court, if yes, I request that the said Observation of the Supreme Court be kindly post it to me. Thanking you all in advance with a very sincere request.  UNQUOTE

FURTHER MR ASSUMI SAID

QUOTE         I am refering to that very paragraphs 27 and 28 of the said Judgment as to whether the Supreme Court Constitutional Bench has undertaken the task for laying down some broad  guidelines in 136.    UNQUOTE.

THE ORDER IS AS BELLOW:

QUOTE   27. Since the matter involves interpretation of Article 136 of the Constitution, we feel that it should be decided by a Constitution Bench in view of Article 145(3) of the Constitution.

Let the papers of this case be laid before Hon'ble the Chief

Justice of India for constitution of an appropriate Bench, to

decide which kinds of cases should be entertained under Article 136, and/or for laying down some broad guidelines in this connection.

28. The Constitution Bench may also consider appointing some senior Advocates of this Court as Amicus Curiae to assist in the matter so that it can be settled after considering the views of all the concerned parties.   UNQUOTE.

ART 145. (3) The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under article 143 shall be five: Provided that, where the Court hearing an appeal under any of the provisions of this Chapter other than article 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion.

THEREFORE THE SAID PETITION U/A 136, COI, REFFERED BY THE TWO JUDGE BENCH TO THE CONSTITUTION BENCH U/A 145 (3) FOR DECIDING THE GUIDELINES FOR WHICH KINDS OF CASES SHOULD BE ENTERTAINED UNDER ARTICLE 136, C.O.I.

HERE IT IS A GOOD SCOPE TO DISCUSS THE MATTER, IE, WHICH TYPE OF CASES SHOULD COME UNDER THE SCOPE OF ART 136, COI.

THE COURTS OF INDIA ITSELF RESPONSIBLE FOR OVERLAD; BURDEN; CHAOS ETC.

I AM ATTACHED WITH THE COURT SINCE 1994 TO TILL TODAY. I FEEL THAT IF THE SYSTEM - WHICH IS AGE OLD - DO NOT CHANGE, SUCH TYPES OF THINGS TO BE CONTINUING.

THE CAUSE SHOWN IN THE JUDGEMENT IS UNFAIR.

MORE CASES ACCEPTED BY THE COURT (HERE ONLY SLP IS IN CONSEDERATION) THEREFORE IT IS OVERLOADED IS NOT A GOOD CAUSE.

A VERY LITTLE PERCENTAGE OF SLP PETITIONS ARE ADMITTED. PERHAPS THIS WILL NARROW DOWN THE SCOPE MORE.

MIND IT, - IT IS ADMISSION, NOT SUCCESS.

THEN WHERE  IS USE OF KEEPING SUCH PROVISIONS? JUST FOR SHOW?

MIND IT ART 136 IS CONSTITUTIONAL PROVISION.

MR.  MR.PVT_PROFESSIONAL,  YOU ARE REQUESTED NOT TO PUT UNWANTED ADVICE.

YOU MAY NEED NO TEXT, BUT SOMEONE MAY NEED IT. FOR DEEPER STUDY, TEXT AND BARE LAW REQUIRED TO READ SEVERAL TIMES.

Anup ji, this is the forum for all, if you misuse by posting such a lengthy post will  create a lot of tech/adm problems/burden to the site. Hence the suggestion to post in ATTACHMENT    coloums.....       by Mr.PP.

Take all suggestions in Positive way, kill the EGOS. 

The real problem is through the discreationary power exercised by the HC Judges in Writs which reaches the SC under 136. As pointed out by the two Learned Judges it is high time for the apex Court to lay down clearly as to what type of cases should be taken up by the SC under 136 and also some broad guide lines should be specified for the exercise of power under 226 and 227 by the HC. as discreationary power of the HC is some what like Vice Chancellor's foot as pointed out by Lord Denning.

Read as chancellor's foot

MR REDDY,

IS THERE ANY WEB LIBRARY WHERE I CAN SEE THE JUDGEMENTS.

I AM NOT EGOIST.

GO TO MANY OF THE POSTINGS WHICH ARE NOT RELATED WITH THE THREAD QUESTION AS WELL AS SUFFICIENTLY LONG.

PEOPLE COLLECTING IT FROM SOMEWHERE AND POST IT .

WEB SITE FULL OF IT.

Mr. Arup,

Please don't take it personal. You are not the first one to do this. I have seen few of them copy paste the judgment text and when you do that the forum becomes very unusable as one is forced to download and navigate thru the judgment text. If you strongly believe that there may be folks interested in a copy of your judgment then the best way to do that in a forum is by way of link. The next option is to upload it as attachment. If you copy paste huge text then that text is downloaded unnecessarily everytime a user visits this thread. Doing this way (copy paste) is generally considered abuse of the forum...

Hope it makes sense and also it wasn't an advice but a wish and a bit of frustration from a regular user of this forum (me).

Thanks