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(Guest)

Dismiss and Penalize Lower Court Judges

Why not dismiss and penalize judges of lower court whose judgement are frequently inverted by higher court ?

Apparently they are corrupt ones ?

What are your suggestions ?



Learning

 14 Replies

kishor (law officer)     12 August 2010

yes definetly lower judege should be punishment and penatly  because there judegmet are affected and corrputed that creat so many problem for higher autourity about solution on the matter and clinet also suffered pain and harrest ment for that purpose need to stirct rule that kind of situvation need penaliz and punishment judges .

Kamal Shah (self employed)     12 August 2010

Only remedy is throw sandals on their head. Now the High Court has clearly said No contempt of courts by lower courts.

It's a very stupid procedure of going through lower courts .Waste of time. money and energy.

Most of the lower court judges and the PP's in High court are rascals.

Bhartiya No. 1 (Nationalist)     12 August 2010

Why only lower court judges, First see with what circumstances and conditions they work. They live in very poor condition even without electricity, water and security and for these things they depends on executives. They do not get the facilities which higher court judges enjoy. Even some district court judges get threats from the accused. Lower or trial courts are most important courts, if someone has crossed this barrier with perfection then nowhere he will lose. Lower courts judges are doing fine, they do not have discretionary power and their judgments can be predicted, but one cannot predict the judgments of higher courts. I am not supposed to say this but am saying that higher court justices are behaving in irresponsible manner, deep thinking over the situation has lost somewhere, u just go thru the thread

Forum Home > > Criminal Law > Rape - Sometimes YES, Somestimes NO : SC, HC

Bhartiya No. 1 (Nationalist)     12 August 2010

Just see the two observation of our HON. SC and then think over.

Supreme Court expresses anguish over continuing dowry deaths.

New Delhi: The Supreme Court on Monday strongly condemned dowry deaths and bride burning, calling for death sentence for those found guilty.

It said that unless punishment was made tougher, those crimes would not stop. The tough stand of the Supreme Court came while hearing a case.

Meanwhile, police are investigating a possible dowry killing of a 25-year-old housewife, initially thought to have committed suicide; till her 4 year old son said his father killed her.

The Supreme Court highlights the persistent menace of dowry and suggests that no mercy be shown to the accused

“You have burnt to death a woman by pouring kerosene. How can you do such a barbaric act? It is an uncivilized act. You should be hanged for the crime,” said Justice Markandey Katju sitting with Justice Deepak Verma as a vacation Bench, on hearing an application filed by Prem Kumar Gulati who burnt his brother’s wife in collusion with his brother and mother, in Haryana.  

Gulati had been given a life sentence by the Punjab and Haryana High Court and was seeking relief in the Supreme Court. Justice Katju told the applicant’s counsel Jasbir Singh Malik, who said it was a case of suicide: “They all say that. Every time they burn a bride, they say it was a suicide. On the one hand they regard women as a devi, on the other hand they burn them alive. This is against the norms of civilised society. It’s barbaric. We will not grant you any relief. You can try your luck before another Bench.” The Bench postponed the hearing to a later date. 

The deceased, Rajani, in her dying declaration, accused her husband Mahender Kumar Gulati, his elder brother and their mother of constantly harassing her and then setting her ablaze after pouring kerosene over her at their house in Bhiwani district. The accused was given a life sentence by the trials court; it was later confirmed by the high court. The appeal was directed against that judgment. It also sought bail. 

 

Source: The Hindu, June 2, 2009
            The Telegraph, June 2, 2009

DOWRY DEATH NEW RULING INDIA

By FREEWORKING

The Honorable SUPREME COURT of INDIA has given new ruling. In dowry death under section 304 B IPC, when a bench of justice S.B.SINHA and Mukandakam Sharma passed that, if a woman dies one year or more after harrassment by husband or her in-laws aiming dowry,it can't be treated as creulty of dowry.

"Some harassment which had taken place one year prior to the death without something more, in our opinion, could not have been considered to be a cruelty which had been inflicted soon before the death of the deceased. It does not satisfy the proximity test," a bench of S B Sinha and Mukandakam Sharma ruled.

Present case was Suresh Kumar singh under (304B) for causing the death of his wife ASHA, who dies for burn injuries.The family members of asha has alleged that they were demanding gold jewellery proir to one year of death of asha, and ALLAHABAD HIGH COURT gave him life imprisionment. But apex court found that the death of asha was after a year or more demanding the dowry and ruled out the DOWRY DEATH case to suresh.

Bhartiya No. 1 (Nationalist)     12 August 2010

Lower court judges will have to obey the judgment s of higher judiciary, which becomes their latest rulings. Off course they get penalized and sometimes face dismissal for their wrong judgments. Also they do not have power to review and withdraw their own judgments, whereas higher judiciary has.

They deliver judgments in very tough situation, in conventional ways. So, it is not they only to blame.

All the above postings carry my personal views and are not intended to offend anyone,  apology is incorporated with the postings.

N.K.Assumi (Advocate)     13 August 2010

Dear Jayaswal Sir, if some lower court judges openly asked for a % in a case, what kind of action can be taken against such judges?

Bhartiya No. 1 (Nationalist)     13 August 2010

In that condition write/complain it to Hon, HC of that area. U may lay trap also, and complain at Vigilance. How can a lower court judge ask % from a lawyer or an advocate, this shows that BAR of ur area is passive.


(Guest)

Dear Tushar

I am not a lawyer but have formed an opinion over 55 years of existence in this most unfortunate country of ours. Why i am resenting - i have my reason before some so called patriotic NRI asked me leave this unfortunate country. I have listened to that sort of arguments while serving in the Army as well . It is kind the condition - you are with Bush or you are not an American.

My reply is totally tangent to to your question . Why ? The disease is widespread and needed to be amputed. Look at the case where erstwhile chief justice diluted the crimonal case against the Bhopal Gas accused. We are talking about curative petiton and not talking about tearing that judge apart - harsh words ?!! yeah i am not repentive the least . I am rather waiting for the day when some judges will be hanged from the nearest lamp post for uttering judgements against clean exchange of money or post retirement placement or a human right commission post.

I am of the view that time is ripe for real empowerment of hapless hopeless landless worthless spineless powerless half clothed half starved crores of unfortunate indians living without safe drinking water , eletricity etc etc . I give damn to right to education , right to info as unless empowered those people will always be deprieved those rights which will remain in paper. Take the case of that girl child who committed suicide when asked to clean toilets in place of her mother to stay at that bl**dy elite school. That is the kind of people we are . None is butchered or hanged from the nearest lamppost. None led a procession with designer candle lights provided by the corrupt to the core business magnets .

We need to empower our women , not the page 3 heavily lipsticked type. They get the power by birth. They are the princes by default. I am talking about those hapless women folk who are always discounted.

Both those categories if empowered our country will come shining and be in a position to lead the world in all respects. And to achieve this we need first to empower them . Empower them to dispense justice to the so called kings/queens/nawabs/chhote nawabs / Shahenshas/ Badshas and badmas.

It is highly possible . Lets change judiciary to Jury system . Let reserve 50 % for the women selected pseudorandomly by the computer with UID in place . None will be excused , All above 18 will qualify.Can be fine tuned later .This will empower the poorest of poor mainly from SC/ST and MBCs. Country will witness pronouncements where hapless dalit deprieved weakest section delivering death sentences to raja/maharajs , Nawabs/Chote nawabs. I will wait for the day .

Will it come soon ? 


(Guest)

Dear Tushar, it was the most unfortunate day when the Administrative Services cadre was established after freedom from Britishers whereas all the rules, regulations, laws etc. are drafted by these Bureaucrats themeselves as a result they have drafted all the powers and facilities to public servants without accountability and responsibility.  If the political leaders are politicians these bureaucrats are well trained and united diplomats.  Even PM of the nation can do nothing without consent of the bureaucrats.  We are GULAAM of bureaucrats who enjoy our money and rule on us.  I am waithing the day when our htese servants will become servants in real means and the people of India will becomes their master.  I want people of India as the ruler of he nation should have rights to punish our servants.  I recommend hunter count punishment for the corrupt public servants like one hunter for one rupee's miahandling and 100 hunters for corruption of 100 rupees.  Every citizen who is begging in this nation because these diplomat bureaucrats are looting the public money.  I say that the politicians are victims of being thrown in corrupt practices by the systematic conspiracy made in the system by the bureaucrats. 

N.K.Assumi (Advocate)     13 August 2010

Dear Shri.Ram, in a recent Judgment the Supreme Court made it claer in its judgment that the Administrative in India is sleeping and that it has lost the confidence that it will wake up, I have posted the Judgment in the forum. Somthing is surely very wrong in our political systems. If Supreme Court itself lost confidence on the Executives the "Administration" how will we as a nation hope to Progress. Not the question of progress and prosperity but people are even doubting the existence of God on this planet.

Arup (UNEMPLOYED)     16 August 2010

Assumi ji,

the question is who will bell the cat?

and how?

in my case it happens and it goes upto supreme court, slp.

Arup (UNEMPLOYED)     16 August 2010

Assumi ji pl post it.


(Guest)

Arup ji, you will suceed and on than "3 days & 2 nights free package in Goa for you from me" but only for you family is not allowed to briing along with since family is provided there with package. 

RAJ KISHORE VAISH (TEACHER CITIZEN OF INDIA)     09 October 2010

Dear Sir ,

            Finally  We are going to get the " Judicial Standards and accountability Act 2010" But How?


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