Friday, October 31, 2014

Re: [IAC#RG] Sonia Gandhi is still NAC Chairperson ???

Wikipedia says that NIC was dissolved in May 2014. The link is

http://en.wikipedia.org/wiki/National_Advisory_Council


Cheers!!


Anil Maheshwari

On Fri, Oct 31, 2014 at 1:14 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
While most of India thought that the Gandhis (which included "Vadras")
would slink away to some pleasant Caribbean beach to spend their
trillions, IAC decided to investigate when exactly Sonia Gandhi gave
up advising the Prime Minister

The official answer we received in RTI (attached) is that the NAC is
still a Committee of the PMO, that Ms. Sonia Gandhi is still its
Chairperson, and that the Prime Minister of India and the BJP Govt
still calls on the Queen for advice.

God save India.!!!!

Official Links to NAC's RTI reply to IAC  :-
http://nac.nic.in/members/soniagandhi.php
http://nac.nic.in/secretriat.php

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Thursday, October 30, 2014

Re: [IAC#RG] Sonia Gandhi is still NAC Chairperson ???

Was NAC ecer able to meet the requirements of Constitutional scheme of things? Wasn't everything wholly arbitrary? And continues to be so? Why no primetime debate on that? Not on what it did or didn't. Not on its role vs that if PMO. Why no Statutory Body through widely debated legislation for any major task be formulated,if ever a notio for such a need had crossed someone's mind? Hundred valid questions arise and answers to the same need to come in rational/factual manner. I plead with honourable IAC members once again to raise such questions,say through crowdsourcing,and I plead with Sh Saerbjit to compile the same and seek answers thereto. Will RTI help? Will PMO help? Will finally Judiciary help? S P Mathur
Sent on my BlackBerry® from Vodafone

-----Original Message-----
From: Sarbajit Roy <sroy.mb@gmail.com>
Sender: indiaresists-request@lists.riseup.net
Date: Fri, 31 Oct 2014 01:14:43
To: indiaresists<indiaresists@lists.riseup.net>
Reply-To: indiaresists@lists.riseup.net
Subject: [IAC#RG] Sonia Gandhi is still NAC Chairperson ???

While most of India thought that the Gandhis (which included "Vadras")
would slink away to some pleasant Caribbean beach to spend their
trillions, IAC decided to investigate when exactly Sonia Gandhi gave
up advising the Prime Minister

The official answer we received in RTI (attached) is that the NAC is
still a Committee of the PMO, that Ms. Sonia Gandhi is still its
Chairperson, and that the Prime Minister of India and the BJP Govt
still calls on the Queen for advice.

God save India.!!!!

Official Links to NAC's RTI reply to IAC :-
http://nac.nic.in/members/soniagandhi.php
http://nac.nic.in/secretriat.php

Re: [IAC#RG] Important judgement

Section 138 of NIA is absurd & unethical and should be repealed. 

If account holder issues cheque without balance in account the remedy is that Bank should give him warning and if he repeats same then his account should be closed by Bank

Section 138 NIA has given rise to many crimes in India.

Regards

HRJ

On Wed, Oct 29, 2014 at 12:40 PM, Sangeeta <tomarsangeeta27@gmail.com> wrote:
Dear All,

Sharing important judgement .

As per the recent decision of the Hon'ble Supreme Court of India inDASTHRATH RUPSINGH RATHOD v. STATE of MAHARASHTRA, Dated 01.08.2014, wherein the Hon'ble three judge Bench overruled its own decision in K. BHASKARAN v. SANKARAN VAIDHYAN BALAN, (1999) 7 SCC 510, and held that the jurisdiction for filing of the Complaint under Section 138, Negotiable Instruments Act, shall be the place where the drawer bank is located.

Please think before accepting out station cheque.

Thank you.

Sangeeta Tomar


Sangeeta Tomar

On 28-Oct-2014, at 10:15 pm, Hemraj Jain <jainhemraj59@gmail.com> wrote:

It is revealed by govt that all the names were given by Modi Govt in June 2014  to SIT  (which works under Supreme Court of India, the SCI). That means these names are already with SCI (because SIT is supposed to tell SCI at first opportunity, when it gets such list).

Then why SCI asked govt to hand over the same list to SCI on August, 29 ?

Can some one enlighten me about the motive of SCI behind this order.

Regards

Hem Raj Jain

On Tue, Oct 28, 2014 at 10:33 AM, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
To  
 
India Against Corruption
                                                                                    DOES  JUDICIARY  HAVE  UNLIMITED  POWERS ?

 

In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.

For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or  using loud speakers beyond certain hours, which are purely  matters in the domain of administration.  At least some people including some   legal professionals  some times wonder  whether judiciary is exceeding its limits on occasions.

There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis  of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people  as to what would be the limits of powers of judiciary and which are the matters which it should entertain.

Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of  politicians and bureaucrats  and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats ,  which appear to have made judges think that they have unlimited powers and they are the ultimate  authority.

The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision  and whether it really  has  the inherent  powers to do so,  as  per the provisions of constitution.
N.S.Venkataraman
Nandini Voice For The Deprived
Twitter : @nsvchennai

 


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Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

If the executive fails to do its job or fails to act when it should or acts illegally, the judiciary will step in .... and that is welcome.

Victor


From: Salil RK <protekmumbai@gmail.com>
To: indiaresists@lists.riseup.net
Sent: Wednesday, October 29, 2014 12:19 PM
Subject: Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

The question is why the govt. resisted giving the list to the SC. The govt. was doing parallel investigation and giving amnesty to certain individuals. The SC has stopped that with insistence of giving the list and insisting that all investigation henceforth will be done by the SIT.

On 29 October 2014 12:17, Salil RK <protekmumbai@gmail.com> wrote:
The SC has huge powers. It is custodian of the constitution. Whatever wrongs the executive commits, the SC has powers to nullify the same. It not only interprets the laws but also has to see that justice has be done. The constitution provides sufficient powers to the SC.

On 28 October 2014 20:03, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
To  
 
India Against Corruption
                                                                                    DOES  JUDICIARY  HAVE  UNLIMITED  POWERS ?
 
In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.
For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or  using loud speakers beyond certain hours, which are purely  matters in the domain of administration.  At least some people including some   legal professionals  some times wonder  whether judiciary is exceeding its limits on occasions.
There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis  of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people  as to what would be the limits of powers of judiciary and which are the matters which it should entertain.
Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of  politicians and bureaucrats  and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats ,  which appear to have made judges think that they have unlimited powers and they are the ultimate  authority.
The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision  and whether it really  has  the inherent  powers to do so,  as  per the provisions of constitution.
N.S.Venkataraman
Nandini Voice For The Deprived
Twitter : @nsvchennai
 

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--
Regards

Salil
Protek
9324869143



--
Regards

Salil
Protek
9324869143

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[IAC#RG] Sonia Gandhi is still NAC Chairperson ???

While most of India thought that the Gandhis (which included "Vadras")
would slink away to some pleasant Caribbean beach to spend their
trillions, IAC decided to investigate when exactly Sonia Gandhi gave
up advising the Prime Minister

The official answer we received in RTI (attached) is that the NAC is
still a Committee of the PMO, that Ms. Sonia Gandhi is still its
Chairperson, and that the Prime Minister of India and the BJP Govt
still calls on the Queen for advice.

God save India.!!!!

Official Links to NAC's RTI reply to IAC :-
http://nac.nic.in/members/soniagandhi.php
http://nac.nic.in/secretriat.php

Wednesday, October 29, 2014

Re: [IAC#RG] CORRUPT POLITICIAN HAS THE LAST LAUGH AND JUDICIARY BECOME LAUGHING STOCK

Sir Can PM  Modi travel during elections in Maharashtra and Haryana leaving his primary responsibility to Govern -for which he is drawing salary  and canvass /promote his Party and Candidates .Is he not misusing Taxpayers money (Assume BJP did not fund his election touring expenses )Does he have to submit any expense statement to BJP Treasurer  ?If Party has organised his tour ?Hope Govt machinery is used for Party Propaganda ?
However,PM can not take off that to 15 days from the chair of PM ?Who is he accountable ?
 Sir will appreciate your response

RAMESH PATIL

 

MRCI



On Friday, 24 October 2014 11:20 AM, Shanti Bhushan <shantibhush@gmail.com> wrote:


Even though there is no presumption of innocence after conviction so long as an appeal provided by law due to experience of coviction being found to be erroneous in many cases there is no presumption of guilt also and therefore grant of bail pending appeal has to be fairly liberal.

Sent from my iPad

On Oct 22, 2014, at 6:33 PM, ~Rájiv Pátěl <rpatel.fffie@gmail.com> wrote:

Dear Kirity Roy
Get your facts clear. In the present case the ACCUSED person has been already tried and found GUILTY and therefore the person is no more an accused but a CONVICT. Unlike the parameters to be considered while granting bail to an accused person/s parameters to grant bail to a convicted person are different

On Tue, Oct 21, 2014 at 10:32 PM, Kirity Roy <kirityroy@gmail.com> wrote:
Yes, I do agree with the understanding of Mr. Shanti Bhushan. 
Accused person in a criminal trial should not be treated as guilty. It is the duty of prosecution (State) to prove him / her guilty before the court. 
Are we going to establish "presumption of guilt" in he tune of police / state ?? Are we going deny "Right to be presumed innocent until proven guilty" ?? 

At the same time I must support strongly the main message of Mr. N S Venkataraman of Nandini Voice. 

On 21 October 2014 21:52, Shanti Bhushan <shantibhush@gmail.com> wrote:
I do not see any objection to the grant of bail pending appeal provided it is conditional on the appeal being quickly heard and decided.

Sent from my iPad

--
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Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
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Programme Against Custodial Torture & Impunity
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[IAC#RG] Important judgement

Dear All,

Sharing important judgement .

As per the recent decision of the Hon'ble Supreme Court of India inDASTHRATH RUPSINGH RATHOD v. STATE of MAHARASHTRA, Dated 01.08.2014, wherein the Hon'ble three judge Bench overruled its own decision in K. BHASKARAN v. SANKARAN VAIDHYAN BALAN, (1999) 7 SCC 510, and held that the jurisdiction for filing of the Complaint under Section 138, Negotiable Instruments Act, shall be the place where the drawer bank is located.

Please think before accepting out station cheque.

Thank you.

Sangeeta Tomar


Sangeeta Tomar

On 28-Oct-2014, at 10:15 pm, Hemraj Jain <jainhemraj59@gmail.com> wrote:

It is revealed by govt that all the names were given by Modi Govt in June 2014  to SIT  (which works under Supreme Court of India, the SCI). That means these names are already with SCI (because SIT is supposed to tell SCI at first opportunity, when it gets such list).

Then why SCI asked govt to hand over the same list to SCI on August, 29 ?

Can some one enlighten me about the motive of SCI behind this order.

Regards

Hem Raj Jain

On Tue, Oct 28, 2014 at 10:33 AM, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
To  
 
India Against Corruption
                                                                                    DOES  JUDICIARY  HAVE  UNLIMITED  POWERS ?

 

In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.

For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or  using loud speakers beyond certain hours, which are purely  matters in the domain of administration.  At least some people including some   legal professionals  some times wonder  whether judiciary is exceeding its limits on occasions.

There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis  of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people  as to what would be the limits of powers of judiciary and which are the matters which it should entertain.

Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of  politicians and bureaucrats  and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats ,  which appear to have made judges think that they have unlimited powers and they are the ultimate  authority.

The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision  and whether it really  has  the inherent  powers to do so,  as  per the provisions of constitution.
N.S.Venkataraman
Nandini Voice For The Deprived
Twitter : @nsvchennai

 


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