Satya Prakash Sir, Have you come accrose any case, where the President has reversed the judgement of the Supreme Court, If so Can You place it before this form which I feel that the members could be benifitted for the said process.
R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA) 16 January 2010
Satya Prakash Sir, Have you come accrose any case, where the President has reversed the judgement of the Supreme Court, If so Can You place it before this form which I feel that the members could be benifitted for the said process.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 16 January 2010
mr. prakash only shows us a way, we may try it. however your question also reasonable. one of my friend, who was employee of ntpc, filed a case against ntpc. it goes upto supreme court, where he losts his case. after that he put his case before the president of india. from that office it was sent to ntpc for reconsideration on humanity ground. now the party accused, becoming the judge of the case.the matter was about 5 years ago.
Dear Sunderraj ji,
Under Article 72 of Our Constitution President can use to grant pardons,etc and to suspend ,remit or commute sentences in certain cases.
Till today no such judgement reversed by the President of India. Keeping in view corrupted judges, if a petitioner feels injustice for SC's verdict, the only option he has to appeal to the Constitutional Head. Till no petitioner appealed to the President of India against SC's verdict.
girishankar (manager) 16 January 2010
Dear sirs ,
Many cases in mean time U get Justice there will be lots of President Coming and going ...... I wonder if our grand, grand childrens recieve the results.....
Dear Sunderraj ji,
One Ayyalasomayajula Murali ji, Postal Assistant posted his view in LCI forum on 05-01-2010.
Please read
my case dary no 10424/2009 refered to dept of justice by the president of inda on 18.11.2009 so far no hustice for delibrate killing of human rights and for enforcement of all fundmetanl rights in the dept of posts since 1981 for remooval of bonded labour.
pl take up the issue to the notice to cji
murali ayyalasomayajula postal assitant waltair rs ho visakhpatnam 530004 andhrapradesh
mobile no 09290016534 mail id; murali_viswanadh@rediffmail.com
For clarification President have to send Justice department. A commonman's petiton may be neglected in Justice department. One has to fight for justice. If you see our passports are issuing by the order of President of India.
R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA) 16 January 2010
Thanks to Satya Prakash sir, As an experiment I will try, I am intrested in research work and My ambition is to try something New, and I will see that I will report the same before this forum.
girishankar (manager) 16 January 2010
Thanks to R.K.sunderaj ,Sir if U need any help for trying ur good cause experiment I think we all in the forum will try to giv a hand ..... Just like a Squirel helping to construct Sethu to Lanka for Ram ji.... {JUSTICE}
v.lakshminarayanan (prop) 18 January 2010
dear members
it is the same case everywhere - the justice is negated to many.
if your SLP is rejected, you can move a review and even if it is rejected, you can filea curative petition. but these will be decided by circulation in chamber and mostly they are rejected.
i do not think that the president of india has any power in such matters. the decision of supreme court is final and binding on all. the president in my view cannot request the supreme court to reconsider its decisions.
if he or she can, i will be the first person to apply - we have been the victim of an orderof supreme court - it is most strange in our case when the same supreme court has twice dismissed the case of the other side on the same matter earlier and when the sale deed in respect of the property has been executed in our favour by the executing court itself without any appeal from the other side and the other side even now says it is still valid! but they have launched paralell eviction proceeding against us and the local court has evicted us without any hearing or reasons - we have been thrown out of the property and we have suffered heavy loss.
please tell me, who will come to our rescue?
they have latched on to a technicality that previous dismissals where in SLP stage with the help of another order of the court (kunhayammed vs state of kerala 2000(6) SCC 359. what to do?
we also have genuine doubtsbout the integrity of some of the judges who heard the matter in the courts - one judge was a junior to the other side's lawyer and he also appeared for the other side's higher ups earlier. but the supreme court is not looking into any of these facts. in fact, these facts were admitted by the trial court judge himself but he has not recorded the same in the minutes of the proceedings.
in fact, he openly said in the open court that the other side did not have any evidence, but he has held in their favour. when confronted with a RTI application to admit these facts, he is threatening me with contempt of court proceedings. the high court is not taking any action against him.
another trial court judge, as i said earlier, passed an eviction order int he evening after office hours on the first day of hearing without any hearing or application of mind. the next day, we were served with an eviction order. the beauty of the whole thing is - there was no decree of eviction pending against us, no superior court has ordered for eviction so far, there are clear orders from all the courts that the earlier compromise decree was not valid. but the trial court simply restored the E.P. and allowed it the same day, without any order directing the restoration of the E.P from the superior courts .
even in high court, documents which were never produced earlier were allowed to be produced in a review. new lines of arguments were heard. and the high court finds a case from the mere name of the other side to allow the review! at the same time, the high court rejects the documents which were newly filed by the other side!
the supreme court has just accepted this order in toto. it has not analysed the issues properly at all, with due respects.
i wish to say that it is extremely difficult to prove corruption especially in higher judiciary. there is no mechanism by which corruption charges can be probed. the impeachment proceedings are too long and complicated and can the common man affected by the orders of the corrupt judge proceed against him or her in parliament? and even if charges are proved, you have to have two thirds majority. even in justice dinakaran's case, ido not think that any tangible progress can be made.
girishankar (manager) 18 January 2010
Dear Sir,
if our SLP is rejected, you can move a review and even if it is rejected, you can filea curative petition. but these will be decided by circulation in chamber and mostly they are rejected.
One thief will not accept the other thief is wrong....Ali Baba and forty Thivies Story..
Anda Kaka Kum Abu Kaka Hum ...Open the SC/President doors open Seasame.....
Whats the use of review or curative petition its only to give fees for lawyers....
Lawrence William (Service) 20 January 2010
The entire system goes by "face Value" and not "fact value". Nobody has time to go through the details of any cases.
v.lakshminarayanan (prop) 20 January 2010
dear members
if the judges have no time to read case papers, then what are they for?
aren't they paid from the public money?
in fact, my lawyer at supreme court has been lamenting for several years that the sc judges do not read anything before sitting on the benches.
it is a very sorry state of affairs. high time the court has to introspect.
dr krishan k arora (dy.secy) 28 January 2010
There is no point of reviews. What happened to the judge of P&H high court, who was found wanting by Governor of the state but the inquiry committe did not find any thing against !!! Scratch my back & I do yours.
dr krishan k arora (dy.secy) 28 January 2010
Is any one listening to Justice S. Kumar of Karnatak High Court who raised several points openly? He also seems to have been quietend- there are several examples in various fields why talk of judiciary alone.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 28 January 2010
One judge of Chattishgarh dismissed by the hc about 4/5 years back. in fact, corruption is everywhere, not only judiciary. but corruption at judiciary much more irritate us, as they are constitutionaly bound to give us just.