Yogesh and Ram Bajad Advocate & Associates

पुलिस को कार्रवाई के लिए आदेश की आवश्यकता क्यों है: सुप्रीम कोर्ट सुप्रीम कोर्ट ने बुधवार को दिल्ली के दंगों को खत्म करने में निष्क्रियता के लिए दिल्ली पुलिस को दोषी ठहराया, जिसने अब तक 27 लोगों की जान ले ली है और कुछ सौ घायल हो गए हैं। जस्टिस संजय किशन कौल और केएम जोसेफ की पीठ ने यह जानने की मांग की कि पुलिस को "भड़काऊ" टिप्पणी करने वाले के खिलाफ कार्रवाई के लिए "आदेशों की प्रतीक्षा" क्यों करनी पड़ी। सॉलिसिटर जनरल तुषार मेहता के विरोध के बावजूद यह कहा गया कि यह पुलिस के खिलाफ आलोचना को वैध बना देगा और इसे ध्वस्त कर देगा। मेरा एक पुलिसकर्मी मारा गया है और एक अन्य डीसीपी घायल हुआ है, मेहता ने तर्क दिया, अदालत से पुलिस के खिलाफ प्रतिकूल टिप्पणी न करने का आग्रह किया। पीठ ने हालांकि, इस आधार पर हिंसा पर एक सुनवाई करने से इनकार कर दिया कि इसका रीमेक शाहीन बाग विरोधी सीएए प्रदर्शनकारियों को कहीं और स्थानांतरित करने के लिए एक याचिका तक सीमित था। “दुर्भाग्यपूर्ण बातें हुई हैं। कौन कह सकता है कि जो हुआ है वह दुर्भाग्यपूर्ण नहीं है, ”न्यायमूर्ति कौल ने कहा। मेहता इस ब...

Knocked the Supreme Court to advance gender justice: President President Ramnath Kovind referred to the reference to the two-decade-old Visakha Guidelines implemented to prevent sexual harassment of women at the workplace. He also referred to the recent directive to give permanent commission and command posting to women officers in the army. President Ram Nath Kovind on Sunday praised the efforts of the Indian judiciary to move ahead on the goal of gender justice and said that the Supreme Court has always been active and progressive. At the International Judicial Conference 2020 on 'Judiciary and the Changing World', the President said that the apex court has led progressive social change. He referred to the reference to the two-decade-old Visakha guidelines implemented to prevent sexual harassment of women at the workplace. He also referred to the recent instructions to give permanent commission and command post to women officers in the army. Kovind said- If you ...

A fundamental rule of our legal framework is that a judge or justice must not sit on a case where the individual is one-sided. This is significant so equity is done and so that equity is seen to be done. There are well established tests for genuine and apprehended legal bias however how these are applied can differ depending upon the accurate circumstance.  Some unfair/biased conduct in indian court by judges can be- Actual legal bias Real bias exists where a judge can be demonstrated to be so dedicated to a specific result that proof and arguments presented won't change that result. A judge must not manage a case where the person is one-sided against or in favour of one of the parties. Apprehended legal bias Apprehended bias exists where an honest layperson may sensibly believe that the judge probably won't manage the issue impartially. The test is whether there is a genuine chance (not a distant chance) of bias. It shouldn't be set up that the judge would...

7 historical decisions of the Supreme Court The Supreme Court has taken several landmark decisions this year. In the last one month, four such big decisions have been taken which have brought relief to the citizens of the country. All these decisions have not only ensured justice but have also ruled on issues which the larger section of the society has refused to accept and accept. In the coming years in the country, these decisions will also prove to be very important to bring about a better change. Let us tell you about those seven big and historical decisions- First decision- Section 377 to be excluded from the category of crime On September 6, the constitutional bench of the Supreme Court took a major decision on Section 377 of the Law on Homosexuality and excluded it from the category of crime. That is, homosexual sex between two adults by consent was excluded from the scope of the offense by one vote. The court termed a part of Section 377 of the Indian Penal Code,...

Supreme Court verdict on reservation: There was a fierce commotion in Lok Sabha, know which party said in the House The government on Monday made it clear that it is committed to reservation for SC and ST, amid allegations of being anti-Dalit by opposition parties over a Supreme Court ruling on reservation in appointments and promotions. In his statement in the Lok Sabha on the issue, Social Justice and Empowerment Minister Thawar Chand Gehlot said, "The central government is not a party to this issue and this decision is being considered at a high level." He said that no affidavit was sought from the Government of India regarding this decision, the Government of India will take the right steps. Gehlot said, "We are committed and dedicated to reservation." He said that this is the case of 2012 when the Congress government was in Uttarakhand. The minister also said that the government will consider this issue in a holistic manner. On this, the members of the Congre...

Your right is to register an FIR, know what is the difference between FIR and NCR It is often heard that 'Police is not registering First Information Report (FIR)'. In such a situation, many times the victim has to go to the police station, then many times have to give up and decide not to file an FIR. This is all because people do not know about their rights to register an FIR. Under the law, the police cannot refuse to register an FIR. It is also mentioned in section 154 of CRPC. Crimes in India are divided into two categories. The first is cognizable offence and the second is non cognizable offence. Serious crime The police do not require a warrant for arrest in a cognizable offense. These are serious crimes in which the police have to take immediate action. These do not require the magistrate to order the police to initiate an investigation. These include cases such as rape, murder, illegal confinement, damage to public property and taking bribe by public serva...

SC / ST Act amendment 2018 upheld by Supreme Court, arrest of accused will be done immediately by filing FIR On 20 March 2018, in view of the misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Supreme Court automatically stayed the FIR and arrests on complaints received under this Act. The Supreme Court on Monday upheld the government's 2018 amendment to the SC / ST Act, giving relief to the central government. The Supreme Court said that preliminary inquiry is not necessary if a complaint is made under the Atrocities Act. Permission from senior police officers or the appointing authority is not necessary before filing an FIR. No provision for anticipatory bail in cases of SC / ST Act. Courts can quash the FIR in exceptional circumstances. The Supreme Court dismissed the petitions challenging the validity of the SC / ST Amendment Act, 2018. According to the SC / ST Amendment Act, now an FIR will be registered immediately after...

Know these rights: If the police come to your door to arrest   We all have rights in law and these rights are called human rights. It is often seen that there is a violation of human rights in police stations and the main reason is lack of awareness. In fact, even today most people do not know that they have got some rights in the law, which the police cannot violate. Today we are telling you about some such rights which you get under human rights and no police can violate these rights. If your rights are violated somewhere, then you can complain about this to the Chief of Police of the district i.e. Senior Superintendent of Police or Human Rights Commission.  Let's know what our rights are in police stations. 1. Police cannot refuse to register an FIR According to the Police Regulation, it is the responsibility of the police to file an FIR or First Information Report of every victim who comes to the police station and the police cannot refuse you for this. A copy ...

The Chief Justice will decide on the live streaming of the court proceedings The Supreme Court said on Tuesday (4 February) that the Chief Justice would hear the issue in the administrative section regarding the implementation of his 2018 decision to allow live streaming of court hearings of matters of constitutional and national importance. Denying any judicial order on the case, a three-member bench headed by Justice Arun Mishra said it would be appropriate that the Chief Justice hear the issue in the administrative part. The bench also had Justice Vineet Saran and Justice MR Shah. Additional Solicitor General Madhavi Dewan, appearing on behalf of the apex court general secretary, told the bench that the process of implementing the 2018 judgment has already started. Attorney General KK Venugopal told the bench that the general secretary has started the work of preparing the infrastructure for live streaming. The bench said that there can be no order on the administrative pa...

Procedure for obtaining succession certificate The succession certificate is issued by a civil court to the legal heir of the deceased person. If a person dies without leaving a will, a succession certificate may be given by the court to free the debt and securities of the deceased.  It establishes the authenticity of the heirs and grants them the right to transfer securities and other assets in their names, as well as the right to loan. It is issued by a beneficiary before the competent court in accordance with the succession laws applicable to the application.  A succession certificate is required, but not always sufficient to free the deceased's estate. For this, death certificate, administration letter and no objection certificate are required. For a succession certificate, you first file a petition with the district court or high court under whose jurisdiction the property or assets are located. In the petition, state the relationship and name of the petitio...

List of Articles Related to Supreme Court of India The Supreme Court of India was inaugurated on January 28, 1950. It succeeded the Federal Court of India and established under the Government of India Act, 1935. Articles from 124 to 147 in Part V of the constitution deal with the organization, independence, jurisdiction, powers procedures of the Supreme Court. At present Supreme Court has 31 judges including the Chief Justice of India. 1. Article No.124 Subject matter:-Establishment and Constitution of Supreme Court   2. Article No.125 Subject matter:-Salaries, etc.,of Judges 3. Article No.126 Subject matter:-Appointment of acting Chief Justice 4. Article No. 127 Subject matter:-Appointment of ad hoc Judges 5. Article No. 128 Subject matter:-Attendance of retired Judges at sittings of the Supreme Court 6. Article No. 129 Subject matter:-Supreme Court to be a court of record 7. Article No. 130 Subject matter:-Seat of Supr...

After all, why do lawyers wear black coat! In our country, in summer or cold weather, lawyers and judges wear only black coats, but have you ever wondered why lawyers wear black coats, then we tell you the reason for lawyers wearing black coats. The tradition of lawyers wearing black coats is believed to have started in England. In 1865, the royal family of England ordered the court to wear black on the death of King Charles II, after which the trend of wearing a black coat began. The Indian judiciary is run by the British system itself, so even in the courts of India, the custom of wearing black coats of lawyers has been going on till now. In India, black coat was made compulsory for lawyers in 1961. The black coat is considered a symbol of discipline confidence. Black color is considered a symbol of strength and authority. Black color is considered a symbol of blindness, anyway it is said that the law is blind, because blind person does not favor anyone. Wearing a black coat mean...

Know what is the procedure for filing a case in consumer court? In this era of Bazaarabad, the Consumer Protection Act, 1986 was enacted to protect the interests of consumers. But due to changing times and complaints, this act has now been replaced by the Consumer Protection Act, 2019. The new Act, along with being more comprehensive and rigorous, has also brought simplified dispute resolution process and provision of e-filing of complaints. Now the consumer can file his complaint in his nearest court. In the current era of consumerism, people are competing to buy any non-essential items. Perhaps some vendors and companies are taking advantage of this. These people sometimes sell people of inferior quality, sell broken products, charge more than the fixed price, and sometimes the quantity of goods is given less. This type of cheating happens with one or the other consumer every day. Therefore, the Government has enacted the Consumer Protection Act, 1986 to protect the interests o...

Putting excessive tax burden on people will be social injustice Supreme Court Chief Justice SA Bobde said that tax evasion is a social injustice to the rest of the country. A week before the presentation of the General Budget, Chief Justice SA Bobde of the Supreme Court has made a big comment. He said that the tax burden should not be imposed on the citizens. Tax evasion is a social injustice to the rest of the country. But if the government imposes arbitrary or excessive taxes, it will also be a social injustice by the government itself. ”Chief Justice SA Bobde commented on the 79th establishment ceremony of the Income Tax Tribunal (ITAT). Chief Justice Bobde said that "Tax judiciary plays a very important role in raising resources in the country. The taxpayer should get proper and speedy dispute resolution so that it can be encouraged. He said that "a skilled tax judiciary should ensure that the cases arising out of valid assessment do not get caught in litigation...

How much is the citizenship law legal? Over 140 filed petitions were heard in the Supreme Court against the Citizenship Amendment Act (CAA). The Supreme Court has refused to ban the CAA for the time being. The Supreme Court said that only the Constitution Bench of five judges can give interim relief. The central government was asked to file replies on the new petitions in four weeks. The High Court has stayed the hearing on the petitions filed against the Citizenship Amendment Act. The cases of Assam and Tripura were separated by the Supreme Court. Let us tell you that before the commencement of the hearing, the court number one was completely packed, due to which all the three doors of the court have to be opened. The hearing of the three-judge bench headed by CJI SA Bobde caused trouble due to the crowd. On which the Attorney General said that the lawyers are not able to come in. There should be a peaceful atmosphere. something must be done. On this, Kapil Sibal said that this is t...

Supreme Court ready for hearing on amendment petition of telecom companies on AGR Next week hearing In the Adjusted Gross Revenue (AGR) case, the Supreme Court has agreed to hear the amendment petition in the Supreme Court of the telecom companies soon. On Tuesday, Chief Justice SA Bobde said that next week, the bench of Justice Arun Mishra, who will give its verdict in the case, will hear the petition. Meanwhile, senior lawyers Abhishek Manu Singhvi and CA Sundaram appearing for the telecom companies said that they are not challenging the decision. The companies are in talks with the central government for payment schedules. Actually the telecom companies have filed the amendment petition in the Supreme Court. In the petition, the companies have requested the Supreme Court to amend their order in which they were instructed to repay the entire amount by 23 January to the Center. Petition for schedule for payment In their petition, the companies have requested the court to a...

 Supreme Court said, Mahatma Gandhi is more than Bharat Ratna The Supreme Court refused to issue any order or directive to the Government of India to confer the Bharat Ratna on Mahatma Gandhi. The court said that Mahatma Gandhi is bigger than any Bharat Ratna. On the petition demanding the award of Bharat Ratna to Mahatma Gandhi, the Supreme Court said that Mahatma Gandhi is above Bharat Ratna. People from all over the world respect Mahatma Gandhi very much. The court told the petitioner that he values ​​his feelings. So, he himself can give a memorandum to the government about this. In fact, the petitioner said that many people have been awarded Bharat Ratna till now. Mahatma Gandhi has not been given this honor yet. The Father of the Nation should also receive this honor. On this, the court told the petitioner, 'See, the court cannot hear this matter. If you wish, you can give a memorandum in this regard to the Central Government. In our view, Mahatma Gandhi is above Bhar...