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

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

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

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 petitioner w

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

Census process notification has been released This year data will be collected under house-listing operations (list related to domestic works) before the 2021 census. The list of which questions will be asked for this, has been handed over to all census offices. In these questions, information related to smartphone, pipe gas connection and mobile number will also be asked for the first time, including your name and address. In this, information related to TV, Internet, toilets, sources of drinking water and vehicles will also be taken. Also, there will be many more questions including the name of the owner of the house, the address of the house and the condition of the house. However, this time the question related to taking banking services has been removed. This notification has come up on questions after the approval of the proposal of Census 2021 and NPR two weeks ago. Yogesh and Ram Bajad & Associates with law firm. A law firm is normally an organization betwe

What is it, how to register zero FIR You must have heard about the FIR in relation to an incident. The FIR also has a zero FIR. Today, let us tell you about zero FIR ... What is an FIR? An FIR is a document on the basis of which the police starts proceedings to punish the convict. In case of theft of some goods, an FIR is necessary to claim insurance. Apart from this, there is a risk of misuse of your thing, due to which you get caught in a crime that you did not commit. In such a situation the FIR protects you from any kind of loss. In which cases is the FIR registered? First of all, it is necessary to know what kind of case is filed. Crimes are of two types. Uncognizable and cognizable offenses. Non-Cognizable Offenses- Non-Cognizable Offenses are minor offenses such as cases of minor assault etc. are non-cognizable offenses. In such a case, no FIR can be directly filed, instead the complaint is referred to the Magistrate and the Magistrate can issue summons to the accused in this

Only Supreme Court can ban citizenship amendment law Reports of opposition to the Citizenship Amendment Act have been noticed in the media. Under this law, the government will give citizenship of India to Hindus, Buddhists, Jains, Sikhs, Christians and Parsis. The condition is that these people came to India before 31 December 2014. These people should be from three countries - Pakistan, Bangladesh and Afghanistan. The movement against this law will end soon. Regardless of its opposition, this act has been passed by both houses of Parliament. It has been signed by the President. Some states like Punjab and West Bengal may refuse to implement it. This will not be the first time. Punjab has been refusing to implement the Supreme Court's decision on the Sutlej Yamuna Canal for a long time. However, the citizenship amendment law cannot be stopped from being implemented in places other than a limited area. An institution that can still stop it is the Supreme Court. It should als

YR Associates Updates -  Nirbhaya case will settled one month Nirbhaya case to be settled in one month, petition seeking live broadcast of hanging from Supreme Court The Supreme Court demanded that the review petition and further curative petition should be disposed of by the convicts within a month. A petition has been filed in the Supreme Court demanding the execution of the death sentence of Nirbhaya's culprits at the earliest. It has been said in the petition that the review petition and further curative petition should be disposed of within a month on behalf of the culprits. The death penalty should be implemented in a month. Advocate Sanjeev Kumar, by the petitioner's profession, has also demanded a live broadcast of the death sentence. The victim's mother has also reached the Supreme Court in Delhi's 'Nirbhaya' rape case. He has filed an intervention petition against the reconsideration petition filed in the Supreme Court of convict Akshay Kumar Sin

In 2019, the Supreme Court gave important decisions and new arrangements The year 2019 has also been important in many ways for the Supreme Court. This year, in many such cases, the Supreme Court gave its verdict or gave a new order, which created history. In the Ayodhya case which has been in legal trouble for many years, the Supreme Court gave its important decision this year. Let us look at some such cases: - Memory card is also an important document The Supreme Court has made the provision of the memory card an important document in criminal cases. A bench of Justices AM Khanwilkar and Dinesh Maheshwari ruled in a case of Yain harassment. This case is of February 2017. According to the allegation, a Kerala actress was sexually assaulted in a car in Kochi, whose video is in a memory card of a fan. Contention comment on pollution Expressing concern over the increasing pollution in Delhi, the court commented on the government and said that it is better to breathe in the air than

Important decision of Supreme Court on Aadhar card, The Supreme Court gave an important decision today on the Aadhaar verdict. The Supreme Court, while reading the majority verdict on the petitions challenging the constitutional validity of the Centre's important Aadhaar program and the 2016 law related to it, recognized that Aadhaar is the identity of the common man. The court said that the thinking behind Aadhaar is logical. Let us tell you that the Constitution Bench of five judges under the leadership of Chief Justice Dipak Misra reserved their verdict on the case on May 10 after a long hearing lasting 38 days. A total of 31 petitions were filed in the case, including the petition of former High Court judge KS Puttaswamy. Let us know 10 big things related to this decision. Decisions related to Advocate General Mukul Rohatgi, who advocated for the government in the Supreme Court, said that "the impact of this decision will go far, because Aadhaar is linked

SUPREME COURT: SECOND MARRIAGE NOT VOID DURING PENDENCY OF DIVORCE APPEAL "Although Hindu Marriage Act endorses that it will be legitimate to wed again simply after expulsion of an intrigue documented by a distressed gathering against the declaration of separation" the Supreme Court has explained. Court Bench explained that Second Marriage would not be void whenever solemnized during the pendency of the intrigue. SC Bench including Justice SA Bobde and Justice L Nageswara Rao while translating Section 15, Hindu Marriage Act, expressed that insufficiency for Second Marriage for a specific timeframe didn't have the impact of regarding the previous marriage as subsisting and that a marriage contracted during that period won't be void since it was contracted under an inadequacy". An intrigue documented by a man testing HC decision which had pronounced his subsequent marriage void on a request of his subsequent spouse. As indicated by the Facts, a man go