JIGYASU: Legal Analyst
30 July 2017 at 07:18
It is seen that many court cases take 10, 20, 30 or even more years to settle.
What can be the major causes of extraordinary delay in proceedings and final judgments?
Layers/ Experts community are requested to throw light on this aspect.
Anonymous
23 July 2017 at 18:45
Accused released on regular bail on 3-12-2013, under section 354, 323, 504, 506 and section 3(1)(x) of SC ST Act. Since then accused was continuously appearing before the court but prosecutors failed to comply with provisions of CrPC 207 for 16 months till 23-03-2015.
Judicial Magistrate passed an order to issue NBW on 03--8-2015 without recording any reason as to why he reached a conclusion that accused will not voluntarily appear before the court on next date.
But Judicial magistrate never handed over this NBW to the police and again passed orders to issue NBWs on 23.09.2015, 21.11.2015, 21.01.2016, 26.03.2016, 04.05.2016 but non of these NBWs were sent to police for execution.
accused moved recall applications on 27.06.2016, 19.07.2016 and 10.08.2016 but JM dismissed and passed orders to issue NBW on 25.07.2016, 16.08.2016, 09.09.2016, 26.09.2016 and 82 & 83 on 26.09.2016.
Accused approached HC and HC stayed all proceedings. Opposition contacted the counsel of the accused and counsel of the accused prayed for such a relief which was not prayed in petition (and without consent of the accused and without informing the accused )
HC passed following order-
1. Accused applicant shall appear in person before the trial court ..........;
2. When the applicant appears in person before the trial court and moves an application for substitution of surety, same shall be considered on the same day;
3......
4.......
Now, I want expert comments on the following question of law-
1. Whether the counsel of the accused committed criminal breach of trust in the light of Advocate Act or not?
2. Whether JM magistrate committed contempt of Hon'ble Supreme Court's guidelines or not?
3. Whether the order passed by the Hon'ble HC is legally valid in the light of Article 22 and advocates act or not?
4. Where is entire proceeding against the accused infringement of his fundamental Rights under article 21 or not?
durgaprasad
05 July 2017 at 13:25
DEAR
EXPERT RECENTLY I COME ACROSS SO MANY SITUATIONS LIKE THIS.
ONE OF OUR D.S.P MADE RULE IN THE CITY THAT NO MALE PERSON SHOULD GO ON ROAD. AT 8 AM TO 10.30 A.M AND 4 PM TO 70PM
REALLY DOES SHE HAS RIGHT TO MAKE SUCH RULE EVEN THAT PLACE IS COLLEGE AREA? WITH HER WORD POLICE OF LOCAL HAS EARNED PLENTY BY ARRESTING AND THREATENING THE COMMON MAN.
RECENTLY TWO DAYS BACK DEPUTY DIRECTOR OF UIDAI(ADHAAR) ANNOUNCED THAT 25000/- ADHAAR ENROLLMENT ENGENCIES SHOULD BE SHIFTED TO GOVT. PREMISES? ACTUALLY THEY HAS OUST SOURCED TO COMPANIES SOME UNEMPLOYED MAKE IT AS THEIR SELF EMPLOYMENT,
DOES OFFICER OF THE UIDAI HAS THE RIGHT TO SUFFER THE THOUSANDS OF PUBLIC WITH JUST A ORDER?
THE ENROLLMENT AGENCIES ARE PRIVATE ONLY. LAKHS OF UNEMPLOYED MAKING THEIR BOTH ENDS MEET THROUGH THIS. ENROLLMETN CETER LIKE INVESTED 200000/- RUPEES NOW HE ASKED TO SHIFT THE CENTER TO PUBLIC PLACE LIKE M.R.O OR COLLECTOR OFFICE.
THE REASON THEY ARE SAYING IS THAT SOME OF THE ENROLLMENT AGNENCIES ARE TAKING MORE THAN ACTUAL PRICE SUJESTED BY UIDAI.
k. antony
25 June 2017 at 11:40
There is a game based totally on chance OR comes in a category of a betting game .....BUT doesn't involve currency/money ....In-fact involves virtual gaming score/points....Is the game legal ?
Vansh Malhotra
19 June 2017 at 12:40
Hi,
I have filed a writ petition through my advocate on a contempt matter in the bombay high court in oct 2016 which has not come up yet for admission and is under status 'pre-admission'.
I have supplied every document & details of the judgement to my Advocate for the enforcement of which the WP is filed but on asking he always says that 'date is not yet given by the court'.
Why this status is there for so long?
Do I need to provide any further document or details to get the hearing date?
Is my advocate giving me right answer about the case status?
Please help as I have been suffering alot due to this prolonged litigation.
Thanks,
Vansh Malhotra
kavksatyanarayana
16 June 2017 at 12:59
Dear Experts, namaskarams.
This is my friend’s case and the details are hereunder:
My friend is an Advocate & Notary in Andhra Pradesh. His Notary commission is expired by 30-11-2015. He has submitted an application with challan for Rs.1000/- (renewal fees) for renewal of Practice of Notary Certificate from 01.12-2015 and notary records verification certificate.
But the Government of Andhra Pradesh in its Memo No.31617/Regn.II/A1/2012-4, dt.31-08-2015 have instructed to withhold further sanction of Notaries afresh and also renewal request of Notaries.
After receipt of Government memo, some Advocate & Notaries have filed a case in W.P.No. 9655/2016 in the A.P. High Court, Hyderabad against the orders of the Government and the Hon’ble High Court of AP set-aside the orders of the Government. But the Government have not issued instructions regarding the renewal of Notary Practice Certificate for further period of 5 years. The District Registrars are returning the renewal applications as per Government memo dated 31-08-2015.
But some of the Notaries are doing practice though their commission (the period of their Practice as Notary) is expired. My friend is telling that the Advocate cum Notaries may continue practice as Notary though their period of practice is expired.
Whereas I am of opinion that the Notaries cannot continue practice as their period of practice is lapsed and further period of practice is not renewed.
So I request the experts to offer your valuable opinion in the matter.
Thank you sirs in advance.
kavksatyanarayana.
V.N.K. MENON
07 June 2017 at 18:37
can any expert please give Specimen writ of prohibition format as i have a false criminal case in trial court.
Thanks in anticipation.
Lokesh
27 May 2017 at 00:46
My father income is 3 lac 60 thousand..
Kya muje obc certificate k liye form no. 16 lgana pdega father ka.
Or agar lgana pdega to form no. 16 kese milega
DIBYENDU MANDAL
26 May 2017 at 01:14
Dear Sir,
In writ petition criminal, what is to be included in the list of dates and events? Am I to give the dates and events of actual facts only or I am also to include some case laws pertaining to violation of fundamental right which is the question of law of my concern. Say for example inactivity of police and administration in certain happening, date of launching complaints etc,only or I have to refer case law e.g maneka Gandhi vs state of Delhi. Actually my case is against instrumentality of state under Article 32, and also violation of Article 19 to 21 in which there is clear indulgence of administration for which I want to seek CBI investigation as I don't have access to collect definite evidence and have got evidence of few incidence of inactivity of various public authorities and also the ground,facts and circumstances of indulgence and inactivity . kindly suggest how to draft properly the writ petition so as to get the writ of mandamus in my favour from the circumstantial evidence
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Indian constitution
Good evening Friend's
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