Numerous cases of injustice are reported

N.K.Assumi (Advocate) 15 December 2009

Because this is India. The greatness of India has been depicted yesterday by sathya Prakash, but what is missing in his write up is that, the greatness of India also include numerous magnificient principles of law never and never to be executed and practice in reality.

(Guest)

Where there is a will there is a way.

Judicairy doesn't want to take any headache for considering large number of cases as suemotto. Judges are getting good salaries from Government why they want to keep unnecessary headache. Let people suffer that is none of their business. People have to change and fight for justice i.e social revolution. Then only our judiciary will change.

1 Like

Bhartiya No. 1 (Nationalist) 15 December 2009

Judiciary is only taking headache for considering cases, which is having media value as sue motto.

(Guest)

This is because several judgments are going unnoticed/unreported. There is no evaluation system of quality of judgments. There is a popular saying "Judgments are delivered and not Justice", which is best suited saying in the present day scenario. Today's judges are sitting on the dais with half-baked knowledge even about the basic procedures and their scope of authority. The High Court judges in many cases have over-stepped their authority while passing interim orders particularly in writ jurisdiction, without worrying about the final orders (whether the writs are maintainable or not). Injustice is sometimes is also caused deliberately due to the appearance of a Senior of a Sitting Judge or a Junior of a Sitting Judge or his past colleague. The Court proceedings may be video-graphed if irregularities/bias are alleged (at the cost of the parties requesting for it). When the proceedings of Assembly and the Parliament are telecast nowadays, why not the Courts proceedings?

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girishankar (manager) 21 December 2009

Mr. Rao,

Wht U hav said is absolutely right. The ultimate suferrers are the people who could not spend

money whtever the lawyers/other big ppl expect. and the real cases or ppls are dieing. whether its in higher

court or Supreme court. This is called Manu Dharma our country.Whos there to Question it or if they Question

it whts hppnd is hppnd .B''cous they entitled to strike for even for a T.A. wht will hppn to a common man.

girishankar (manager) 21 December 2009

Mr. Rao,

Wht U hav said is absolutely right. The ultimate suferrers are the common people who could not spend

money whtever the lawyers/other big ppl expect. and the real cases or ppls are dieing. whether its in higher

court or Supreme court. This is called Manu Dharma of our Nation/country.Whos there to Question it or if they Question

it whts hppnd is hppnd to the sufferers and thier fmly's.B''cous Judiciary peoples they are in a position to nial us they verymuch {we hav given them full power to Nail us as long as they want} entitled to strike for even for a T.A. wht will hppn to a common man even if he suffers for Khana.

girishankar (manager) 21 December 2009

Mr Rao,

This not only happening in writ its playing a big role in civil cases where Properties are involved.

They will asses our propery before we imagine and start construction a commercial/res.flat and get advance before the cases are over.

Literaly many families are in road...... There is no Authority to Question them

B'Cous they are the Supreme Power.......

Gundlapallis (Advocate) 21 December 2009

This question at this hour ! where CJI himself adviced advocates try not to bring litigations to courts. Mr. Mohan Das we (the Judiciary) are functioning with one only hand and one leg each extended from opposite sides of a body ! Wait... lets hope the other hand and other leg too grow so that we can takeup suomotto cases as you wish !!.

On the other hand we are in race to exceed the limits of 'population bearing capacity of the Earth'. When we are progressing for much more naturally disasterous ends.... suo mottos by courts are silly issues. We must learn to live as grass to comfort the feet of our politicians who walk on us for their prosperity.

Democracy is for politicians not for people in the present India. Our standards will not change until we control population and get the whole population educated and educated population challenging the Govts., on issues like these. Cry of mere one or two educated... cannot outreach the ones at top of the power pyramid. Their ears have no room since they are ever busily filled with 'bhajans' of their followers in thousands and lakhs. And finally Judiciary is not an Income generating industry for them to think much about.

Daksh (Student) 02 January 2010

Dear All,

I do not understand the reason of posting this thread - what Mr.Mohandas Karamchand Gandhi want to know and achieve by this.

Regards

Daksh

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA) 03 January 2010

Injustice is sometimes is also caused deliberately due to the appearance of a Senior of a Sitting Judge or a Junior of a Sitting Judge or his past colleague. as stated by gurunarayana rao which is practically experienced by few lawyers. There are many judges even today who do not seen the personality of a lawyer, but only deliver the judgements on merits and based upon the records and Annexures put forth before them. Now it is not the thread where this issue to be discussed. But the question is Suo-motto, We have gone throughmany cases in the past where in environmental related cases where suo-motto action was taken by the judicial officials. Is is possible to take su-motto decisions in all the cases,where there are thousands of pending cases still not yet decided. Just we have to understand the difficulties, and the other side of the coin.

girishankar (manager) 04 January 2010

Dear Sir Mr.Sunderaj

As U hav said if a injustice is sometimes happens delibrately ?

What hppns to the True /Merit Cases ?

And affected peoples like us will be buried along with our family ?

B'cous we are incappable of Questioning we let to die and others let live happly ?

Pl Mr. Rao if ur really worried abt Justice not as usal ppl's do something

girishankar (manager) 04 January 2010

Dear Sirs,

My father died on Jan 1996 . My mother died on 1992. From 1980 I am a only earning member in family as my father got retiered from is business. My father ,my wife,and my childrens were living in our house which one is self earned of my father. I got 2 elder sister and two younger sister who are well settled. They all got married before 1986. My father suddenly fell sick and got admitted in a Hospital intermedeatly.So I asked them to stay with me for a help till my father gets fine. My father wanted to write will with the help of our family friends which was well known to all my sisters and brother in-laws. So He wrote a will in the hospital stating that the Money deposited in various banks and deposits, and lots of shares in various companies will go to my sisters and the only Dwelling House we were living in favour of the only son thats me. Then he stated that he had illegal affair with a lady when my mother was there and that lady passed away before my mother. she had three Childrens and for them also my father did all sorts of needfull. The will was unregistered one.

Before I finish my fathers last rigths Suddenly my sisters and there Husbands started blackmailing me and sent a lawyer Notice stating that I hav deprieved them by fabricating a forged will and went for a partition Suit .

I consulted my lawyer and filed the will for Probate and it was Converted into TOS.

The will was Prepared by our fmly friend one Advocate Notary Public

and she was also been examined.

From side my fathers 50 years old frnd and others including me as witnesses deposed in court that the will was written by father .

Suddenly they brougth a petition that my fathers concubine son was also is need of a Partition who never appeared in Court. and it was also noted by counsel in court records.

After depositions of witnesses the Trial was wantedly draged by them up to 2001.

The Single Judge one fine day he resrved the Judgement with out mentioning the date. After a year When Honarable Judge one week before his retierment Pronounced Judgement. Stating that The will has minor discrepcencies so I am allowing the partion of 1/8th shares. I went for a Apeal for the bench on 2001.

In the Bench the Trail started and it Prolonged up to 2006.

The honarable bench Judge reserved the Judgement ,After 8months one month before his retirement he pronounced the judgement stating that the Single Judge mistakenly taken that the Concubine son was a second wife of my father there could not be given any share. He didn’t consider my plea of appeal the Will or the Deposition given by the witness and even Sec 23 of Hindu Succession Act{special provision for a Dwelling House} came in to force on 2004 Amendment that is Ommision of sec 23 is applicable even for pending Cases so there is 1/5 of Partion is applicable.by 2007

Again I went for SLP in Supreme Court on 2007. After two years i:e on 2009 before the retierment of the Judge the same Judgement given by lower Court was repeated with out going thru my Pleadings. Stating that they got equal rights 1/5 share as per 2005 law {Doctrine of eclipce} even though the Suit was filed on 1996 Pending case is also applicable and they can go for new partion Suit. Totally they did not consider whats there in the will.

Mean time Now my sisters Approched the HC and got Order on previous case which was filed on 2007 to appoint a Advocate commisioner to part the House in metes and Bounds.

Please any one guide me wht further Step to be taken by me to Prove the will and safe gaurd my only House.

Whts Retrospective act pl explain me If U ppl can.

If ther is any Judgements or law related to my matter pl send the same ASAP. Please Save me and my family .......

I want to Know abt this two Articles which I got from Net

The Supreme Court has held that amendment application in civil cases should not be entertained, if such pleas are filed with an ulterior motive to delay the proceedings.

A bench headed by Justice Dalveer Bhandari in its judgement noted, ‘in our considered view Order 6, Rule 17 is one of the important provisions of the CPC but we have no hesitation in observing that this is one of the most misused provisions of the code for dragging the proceedings indefinitely, particularly in Indian courts which are otherwise overburdened with pending cases.

‘All Civil courts have a long list of cases, therefore, compelled to grant long dates, which causes delay in disposal of the cases.’ The apex court, while dismissing the appeal of Revajeetu Builders and Developers against the Karnataka High Court judgement dated September 16, 2006, also imposed a cost of Rs 1 lakh for filing an amendment application to overreach the orders of the Supreme Court.

The appellant had filed a suit for recovery of Rs 52,97,111 with an interest of 18 per cent per annum.

The sale deed, dated September 30, 1987 executed by Narainaswamy and Sons, was held to be invalid and inoperative by the Supreme Court on a PIL filed by one S Vasudeva.

The appellants, who had earlier admitted respondents as owners of the land, later filed an application for amendment seeking to declare the respondents as trespassers.

RES JUDICATA & ESTOPPEL

Res judicata or Res iudicata, a Latinword for "a matter [already] judged", is, in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal. The term is also used to refer to the doctrine meant to bar (or preclude) re-litigation of such cases between the same parties, which is different between the two legal systems. In this latter usage, the term is synonymous with "preclusion." Once a final judgment has been handed down in a lawsuit, subsequent judges who are confronted with a suit that is identical to or substantially the same as the earlier one will apply the res judicata doctrine to preserve the effect of the first judgment. This is to prevent injustice to the parties of a case supposedly finished, but perhaps mostly to avoid unnecessary waste of resources in the court system.

Res judicata does not merely prevent future judgments from contradicting earlier ones, but also prevents them from multiplying judgments, so a prevailing plaintiff could not recover damages from the defendant twice for the same injury.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA) 04 January 2010

Generally the judgements are based upon the Evidence and cross examination and documents produced in the trial court. We have to analyse weather the evidence based on the will was done according to the Law. That during the cross- examination if any admissions were given or if will is not proved, then the court would be helpless.

One incidence I remember where a district judge has openely stated ( The case I will cite later after refering my dairy) That I know that the he is the accused,but still I acquite him for lack of evidence.