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Showing posts with the label appeal

Layman's Guide to Right to Information Part 1: How to Use Information from RTI?

1. What is Right to Information (RTI)? Right to Information means our right to get information from “public authorities”. Broadly speaking, RTI means that We The People have the right to procure copies of documents from State and Central Government, and other organizations that are controlled, or substantially owned and financed by the government. Right to Information Act 2005 (RTI Act 2005) is called the “Sunshine Act” , because it helps people like you and I -- the citizens of India – to make the government transparent. Also, just as sunlight destroys germs, the Sunshine Act helps the common man to fight against corruption, and to fight for getting his rights from various government authorities, and also from government-regulated private parties such as suppliers of various goods and services, builders and contractors, utility companies, etc. 2. What does RTI Act say? In a nutshell, the Right to Information Act says that any citizen of India has the righ...

Easy stay-orders: the mischief carried out under judiciary's gown

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Amazing how easily our courts grant stay orders, even to known criminals and offenders. if the right senior counsels appear, stay orders may be had for the asking! In this way, higher judiciary plays a big role in OBSTRUCTING IMPLEMENTATION of laws, rules etc, and enabling offenders to evade law enforcement agencies, "under cover of the judiciary's robe". Bravo, Milords! Why does Indian judges have such lax moral standards for granting a stay? Crooks take advantage of it!
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Justice CR Kumaraswamy excelled himself in the Jayalalitha disproportionate assets case, by “miscalculating” Rs 10.67 cr loans as 24.17 cr on page 852 of the judgment. As a result of this miscalculation, he could then show that her assets were not disporportionate compared to her known sources of income, as her balance loan (after deducting income) was Rs 18.17 cr... whereas actually, the balance  loan is only 4.67 cr. So, although there is no explanation for Amma’s assets worth 13.5 cr, Justice Kumaraswamy takes the help of his arithmetic error to say that there is! His judgment says: Pg. 901 – “The immovable properties were acquired by borrowing huge loan from the Nationalised Banks. It is difficult to infer that the properties were acquired by means of ill-gotten money. Therefore, in my view, confiscation of the properties by the Trial Court is not sustainable in law.“ Pg 909: "The case of the prosecution that Accused No.1 amassed wealth and acquired agricultural lands, si...

Indian Judiciary lets Salman Khan buy time... again!

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डरने की क्या बात है, सल्लूभाई? यह भारतीय अदालत है, भगवान का न्यायलय थोड़ी न है? यहाँ देर और अंधेर दोनों हैं. तारीख पे तारीख लेते रहो, और मज़े करो, यार ! Like  ·  Comment  ·  Share

Salman Khan appointed Brand Ambassador of Bombay High Court's clemency drive

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Under the firm guidance and keen eye of Chief Justice Mohit Shah, Bombay High Court has shown that it has amazing efficiency. By cutting through the red-tape to ensure that Salman Khan did not go to jail even for one second, Bombay High Court has shown that it can clear away pendencies effortlessly. "I am happy and proud to announce that SALMAN KHAN IS NOW THE BRAND AMBASSADOR of Bombay High Court's new drive for granting bail and suspending convictions & sentences handed do wn by trial courts," said Chief Justice Mohit Shah at a press conference, while congratulating Judge Abhay Thipsay for his super-fast moves that ensured the actor's liberty. Responding to a query from the media about justice for the victims of Salman Khan's rash driving, Mohit Shah retorted, "Justice? What is a little justice between friends? And victims? What victims? Do you see any victims around here? Don't you see Salman Khan is being made into a victim here? Don'...

RTI Act 2005 Abridged

Right to Information Bare Act. Essential reading for beginners and experts, information-seekers and activists. Easy-to-read for applicants & appellants.  Download here:  http://tinyurl.com/RTI-Act-2005-Abridged   This simplified version gives guidance for filing fresh RTI application, first appeal and second appeal. It helps first-time applicants and appellants understand their rights under the RTI Act. It also helps Public Information Officers (PIO), First Appellate Authorities (FAA) and Second Appellate Authority (Central & State Information Commissioners) understand their powers and duties under RTI Act 2005. It enables appellants to understand which information is exempted from disclosure, present their grounds of appeal clearly, and argue their cases at appeal & complaint hearings.

Judges are law-breakers, not law-enforcers

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Judges get to be powerful by breaking the laws, not by following them. “Yeah, I did the wrong. I overlooked the obvious. I gave a judgment contrary to law and contrary to precedents. I allowed forgeries to be admitted as evidence. I gave my judgment based on witnesses who were obviously lying. Now you go waste your entire life and money crying before various forums, trying prove that I did wrong,” says your judge. Review petitions in the same court are a frustrating exercise  in futility. And when you go in appeal to a higher court, your appellate judge says, “Prove first why I should hear you? Make it painfully obvious why your appeal should be admitted. Because I have already made up my mind to dismiss your appeal. Dislodge me from my opinion in three minutes if you can.” But most people don’t even reach the appeal stage. Because they can’t afford to. For advocates and appellants who live in the interiors, reaching the High Court or Supreme Court involves hundreds of kil...