Get the Best Legal advice and know the latest legal developments in India : Legal Consult

Hi Friends,

Thank you all for patronising and appreciating my blog. With your love and support, the Blog is shortly going to cross the 1,00,000 milestone !

As you are aware, I with assistance from my collegues was earlier running a Facebook page by the name 'Law Reservoir' where the posts about the latest / interesting judgements passed by the Supreme Court, High Courts and other Courts in India were being published. Now, the said FB page has been shifted to a more interactive and effective page 'LegalConsultIndia'. 

It is being run by LegalConsult, a legal startup and platform which provides legal consultation and advice to the masses at very affordable prices. I am glad to be associated as one of the mentor in the pool of legal experts at LegalConsult whose aim is to make legal advice easily accessible to every common man and to the remotest corner of the country at very affordable cost and from the convenience of their home or workplace or while commuting. One needs to simply book an online consultation by whatsapp at mobile no. 844 855 9696. More information can be had at LegalConsult .

 

If you like this initiative, you may Like, Subscribe, Recommend and Share the Facebook Page of LegalConsult to your friends and acquaintainces. In this way, you will be helping lots of needy people. 

Wishing you all a HAPPY NEW YEAR 2022.

Yours 

Sunil Goel

 

Supreme Court of India dismisses PIL to rename 'India' to 'Bharat'

The Supreme Court (Bench of Chief Justice HL Dattu and Justice AK Sikri) on 10th November 2014 declined to entertain a plea seeking to rename India as Bharat and asked the petitioner to first make an appropriate representation before an authority in support of his plea. The court said that the petitioner can approach it only after making a representation and getting response to it. The case was  W.P.(C) NO. 924/2014 and titled as NIRANJAN BHATWAL vs UNION OF INDIA AND others.

Click below for the Order dated 10.11.2014.

http://courtnic.nic.in/supremecourt/casestatus_new/querycheck_page2.asp

  

Delhi High Court : Adding alphabet ‘A’ before name of candidate in DUSU elections is improper

Delhi High Court : Adding alphabet ‘A’ before name of candidate in DUSU elections is improper

The Division bench of Delhi High Court comprising the Chief Justice G Rohini and Justice RS Endlaw delivered a judgment on 20th November 2014 in the appeal LPA No. 566/2014 filed by All India Students Association against single Judge’s order in relation to the elections to Delhi University Students Union (DUSU) elections.  The Court observed that the practice of candidates changing their names and adding the alphabet "A" before their names prior to DUSU polls to get themselves listed at the top of the ballot paper "is flawed". 

The Court observed : ‘we do indeed find several of the contesting candidates to have prefixed the letters “AAA”, “AA”, “aa”, “A.A”, “AAAA”, “aaa”, “a.a” or a name beginning with the letter “A”, to their names, resulting in such altered / changed name being listed at the top of the ballot paper, the names of LPA No.566/2014 Page 4 of 9 contesting candidates wherein are listed alphabetically and which otherwise would have been listed at the bottom of the ballot paper. The contesting candidates having indulged in such a practice, this Court cannot turn a blind eye thereto.  ……We fail to understand, as to how a student of the university, for the purpose of contesting the election, can be allowed any prefix before his name as entered on the rolls of the university.”

The court further observed : “We are however of the opinion that the practice, if followed by the respondent University of allowing such prefixes to the name for the purposes solely of election, is flawed. The name by which a candidate is allowed to contest the election should be the name on the rolls of the university and which name would be, as aforesaid, the same as the name of such student in the School Leaving Certificate. The name in School Leaving Certificate is generally the name given at birth. Though a change of name is possible but the same entails effecting publication in the prescribed newspapers of such change and thereafter having such change notified / published in the Delhi Gazette. Similarly, the schools also have a procedure for effecting change in name. …. Even if there is procedure prevalent in the university permitting change of name, the same should be permissible after contesting in the election and which are normally held soon after the beginning of the academic session. We are further of the view that once the candidate has so changed his name, even if for the purpose of election, in the ensuing year he/she ought not be permitted to thereafter revert to the original name and should be ready to obtain his University Leaving Certificate/Degree also with such changed name”.

Click on Judgment for the Full Text.

 

AIADMK chief and Tamilnadu's Chief Minister Jayalalitha convicted in disproportionate Assets case, read full judgment

In a landmark judgment pronounced on 27th September 2014 and running into 1176 pages, the court of Shri John Micheal Cunha, 36th Addl. City Civil and Session Judge, Bangalore convicted the Chief Minister of Tamilnadu Smt. J. Jayalalitha in the 10 year old Assets Disproportionate Case under Prevention of Corruption Act and sentenced her to 4 year imprisonment and a fine of Rs.100 crore.

She was accused of amassing wealth disproportionate to her known sources of income during the check period of 1.7.1991 till 30.4.1996 to the extent of Rs.66 crores. The case against her was instituted on the complaint of Dr.Subramaniam Swamy, the them President of Janata Dal.

Click below to read the Full Text of the judgment dated 27th September 2014.

Full Text of Jayalalitha conviction judgment.

Mobile App for all your questions and queries related to Indian law

Dear friends,

Here is the link to the Mobile app developed out of my book COURTS POLICE AUTHORITIES AND COMMON MAN, which answers all your basic queries about Indian law and Legal system in very user-friendly manner. This app is called 'Indian Law' and is available on google play store for download. You can also download it at following link :


https://play.google.com/store/apps/details?id=com.sgsolicitors.indianlaw

Sunil Goel advocate B.Sc. L.Lb L.Lm

Supreme Court : Police bound to register the Complaint else face action

The Supreme Court of India recently passed an order thereby alleviating the often made grievance of the public that their compaint is not registered in the form of FIR by the police officers and they have to run from pillar to post for getting the FIR registered.

The relevant part of the said Order reads as under :
“The grievance in the present writ petition is that the occurrence had taken place in the month of May and, in that very month, on 11th May, 2008, the written report was submitted by the petitioner before the officer In-charge of the concerned Police Station, who sat tight over the matter. Thereafter, when the Superintendent of Police was moved, a First Information Report (for short "F.I.R.") was registered.Even thereafter, steps were not taken either for apprehending the accused or recovery of the minor girl child. It is a matter of experience of one of us (B.N. Agrawal, J.) while acting as Judge of Patna High Court, Chief Justice of Orissa High Court and Judge of this Court that in spite of law laid down by this Court, the concerned police authorities do not register F.I.Rs unless some direction is given by the Chief Judicial Magistrate or the High Court or this Court. Further experience shows that even after orders are passed by the concerned courts for registration of the case, the police does not take the necessary steps and when matters are brought to the notice of the Inspecting Judges of the High Court during the course of inspection of Courts and Superintendents of Police are taken to task, then only F.I.Rs are registered. In large number of cases investigations do not commence even after registration of F.I.Rs and in case like the present one, steps are not taken for recovery of the kidnapped person or apprehending the accused person with reasonable despatch. At times it has been found that when harsh orders are passed by the Members of the Judiciary in a State, the police becomes hostile to them for instance in Bihar when a bail petition filed by a police personnel, who was accused was rejected by a member of Bihar Superior Judicial Service, he was assaulted in the Court room for which contempt proceeding was initiated by Patna High Court and the erring police officials were convicted and sentenced to suffer imprisonment. On the other hand, there are innumerable cases that where the complainant is a practical person, F.I.Rs are registered immediately, copies thereof are made over to the complainant on the same day, investigation proceeds with supersonic jet speed, immediate steps are taken for apprehending the accused and recovery of the kidnapped persons and the properties which were subject matter of theft or dacoity. In the case before us allegations have been made that theStation House Officer of the concerned Police Station is pressurising the complainant to withdraw the complaint, which, if true, is a very disturbing state of affairs. We do not know there may be innumerable such instances. In view of the above, we feel that it is high time to give directions to Governments of all the States and Union Territories besides their Director Generals of Police/Commissioners of Police as the case may be to the effect that if steps are not taken for registration of F.I.Rs immediately and copies thereof are not made over to the complainants,they may move the concerned Magistrates by filing complaint petitions to give direction to the police to register case immediately upon receipt/production of copy of the orders and make over copy of the F.I.Rs to the complainants, within twenty four hours of receipt/production of copy of such orders. It may further give direction to take immediate steps for apprehending the accused persons and recovery of kidnapped/abducted persons and properties which were subject matter of theft or dacoity. In case F.I.Rs are not registered within the aforementioned time, and/or aforementioned steps are not taken by the police, the concerned Magistrate would be justified in initiating contempt proceeding against such delinquent officers and punish them for violation of its orders if no sufficient cause is shown and awarding stringent punishment like sentence of imprisonment against them inasmuch as the Disciplinary Authority would be quite justified in initiating departmental proceeding and suspending them in contemplation of the same. Keeping in mind these facts, we are of the view that notices should be issued to Government of all the States and Union Territories besides Director Generals of Police/Commissioners of Police as the case may be. Issue notice to the Chief Secretaries of all the States and Union Territories and the Director Generals of Police/Commissioners of Police,as the case may be, to show cause as to why aforesaid directions be not given by this Court. Notices may be sent to the parties by Fax and it should be mentioned therein that the order has been put on the Website of the Supreme Court of India so that they may file response without loss of time.”