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Hospital cannot hold Patients as Hostages over Non-Payments of Bills.

Consortium of Lawyers'

How to Recognize and Survive Abusive Bullying

BREAKING: NEW ROSTER SYSTEM INTRODUCED IN SUPREME COURT

Weeks after judges of the Supreme Court themselves called into question the manner in which cases were b...eing listed at the apex court, a new Roster system has been introduced.
The change, which will take effect from February 5, comes in the wake of the press conference called for by four of the senior most judges of the Supreme Court.

The Roster shows the type of cases that will be listed before Benches headed by the twelve senior most judges of the Supreme Court – Chief Justice of India Dipak Misra and Justices J Chelameswar, Ranjan Gogoi, Madan Lokur, Kurian Joseph, AK Sikri, SA Bobde, RK Agrawal, NV Ramana, Arun Mishra, AK Goel and Rohinton Nariman.

Chief Justice Dipak Misra, the master of the Roster, will hear all fresh Public Interest Litigation (PILs) and Letter Petitions filed in the Court. He will also hear Election Matters, Social Justice Matters, Contempt of Court Matters, matters dealing with appointment of Constitutional functionaries and law officers, and matters related to Commissions of Enquiry, among others.
Justice Chelameswar’s assignment includes Labour Matters, Land Acquisition, Consumer Protection, Compensation Matters, etc. Justice Gogoi will hear Personal Law matters, cases related to state excise and trading in liquor, among others. Justice Lokur will hear Environmental Law matters, Social Justice matters, cases related the Armed Forces etc, while Justice Joseph’s assignment includes Family Law Matters and Service Law Matters, among others.

Benches headed by Justices Arun Mishra and Rohinton Nariman will hear matters relating to the establishment and recognition of educational institutions, including medical and engineering colleges.

Read the Roster:

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Consortium of Lawyers'

“Lawyers are the foot soldiers of the Constitution.”

Jingle Bells Indian Bhojpuri Version... wait for it...

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Crazy Kissey

Jingle Bells Indian Bhojpuri Version... wait for it....
I am dying laughing...
Credit: Minions

Gauhati High Court Notification dated 08th of December, 2017

Consortium of Lawyers' added 5 new photos.

Gauhati High Court Notification dated 08th of December, 2017

OATH FOR CANDIDATES FOR ADMISSION TO THE BAR, AMERICAN BAR ASSOCIATION, C.1925.

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Consortium of Lawyers'

OATH FOR CANDIDATES FOR ADMISSION TO THE BAR, AMERICAN BAR ASSOCIATION, C.1925.

ENROLLED IN THE BAR WITHOUT FURNISHING PROPER DOCUMENTS AND WITHOUT THEIR ADDRESSES.

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Consortium of Lawyers'

MADRAS HC AXE ON 700 'FAKE' LAWYERS

Chennai: Madras High Court on Thursday ordered the Tamil Nadu Bar Council and the advocate-general to cancel the membership ...of over 700 lawyers with law degrees based on MA qualifications from open universities.

The order came after Vijay Narayan, the advocate-general, said persons "who have not even passed sixth, seventh and tenth standards" were able to procure open university MA degrees. "Subsequently, the (MA) degrees have been used to get admissions into law colleges and obtain law degrees. Based on the same, they started enrolling (in the bar)," the AG, the ex-officio chairman of the bar council, said.

Justice N. Kirubakaran termed the disclosures "very shocking". "It is evident that the very process of enrolment (as lawyers) is a faulty one. Moreover, the process of acquiring a law degree is very easy by irregular and illegal means viz., purchasing degrees for money from letter pad colleges from other states."
Other than revocation of 713 lawyers' memberships, the judge ordered police complaints against 42 who had enrolled in the Bar without furnishing proper documents, some even without their addresses, between 2009 and 2016.

Advocate-general Narayan said notices were sent to the 42 but only two replied and one was even found to have enrolled twice. Some of them were engaged "like rowdy elements" in disputes and were taking over possession of properties.

"It is very shocking that without even any formal education, people with criminal backgrounds are able to get law degrees in absentia and enrol as advocates. Due to these kinds of unruly elements, problems are created in police stations...in courts...wherever they go," the judge observed.

Narayan and senior counsels for the Bar Council of India drew the court's attention to such lawyers during the hearing of a dispute over the transfer of some MBSS students of a private medical college in which advocates have been engaged to resolve the problem.

Earlier, on October 12, Justice Kirubakaran had taken a stern view of some of the advocates holding "Kangaroo courts" to settle disputes and had ordered criminal action. He had also directed the Centre to take appropriate steps to streamline the legal profession and told the Bar council to adopt tighter norms

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Harbinder Singh Kalsi

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Law is not a series of calculat..............

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Consortium of Lawyers'

Law is not a series of calcula..............

WHETHER PROSECUTION UNDER POCSO ACT CAN BE QUASHED ON ACCOUNT OF SETTLEMENT?

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Consortium of Lawyers'

WHETHER PROSECUTION UNDER POCSO ACT CAN BE QUASHED ON ACCOUNT OF SETTLEMENT?


Petitioner has now approached this Court stating that, in the meanwhile, dispute...s between the parties have been resolved and parents of the victim have agreed to settle the disputes.

Learned counsel for the victim, who is arrayed as the second respondent herein, as well as her parents arrayed as respondents 3 and 4 submitted that they have no grievance now and are willing to compromise the matter. It was also stated that expressing the above intention, the parents have executed separate affidavits.

Relying on Annexures-B and C affidavits, learned counsel reiterated that it discloses a fair and genuine intention of the parties. Learned Public Prosecutor also submitted that the petitioner is not involved in any other crime and the parties have resolved their disputes.

4. Though, the allegation includes sexual assault on a minor woman and the provisions of POCSO have been invoked, it does not involve an aggravated form of sexual assault. Further, the question whether it happened accidentally or whether it was done intentionally is a highly disputed question of fact. Having regard to these facts, I feel that continuance of the proceedings
may not be in the interest of parties concerned. Hence, I am inclined to invoke the jurisdiction under section 482 Cr.P.C.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:
MR. JUSTICE SUNIL THOMAS
7TH DAY OF NOVEMBER 2016
Crl.MC.No. 7251 of 2016

SAJITH S.
Vs
STATE OF KERALA

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"MEN OR WOMEN-- VIOLENCE SHOULD STOP."

Break the silence and stand for your RIGHTS.
FOR HELP & FREE CONSULTATION
Contact:...
986-404-7886
mail4u2dear@gmail.com

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Domestic Violence Information Cell

It is true that domestic violence includes men.children and women. You don't hear to many men who will say anything because of being humiliated just like women. All domestic violence needs to stop.

“A judge who accepts bribe brings terror into the world.”

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Consortium of Lawyers'

“A judge who accepts bribe brings terror into the world.”

“Good decision, long overdue. Kudos to Justice Chelameswar for his persistence.”

Bar and Bench speak on #Collegium's Resolution to publish its decisions

Senior Advocate #HarishSalve termed it as "the first step, and a significant one towards transparency."

Read What #HarishSalve #DushyantDave #RajuRamachandran #IndiraJaising #JusticeGowda #KVVishwanathan have to say

We spoke senior members of the bar with a view to garnering their opinion on the decision of Collegium to disclose its rationale for recommending names
barandbench.com

ON THIS MONTH OF AWARENESS & TO THANK THE 8000 PLUS FOLLOWERS' WE SHARE, GLIMS FROM A SURVIVOR'S DIARY.

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Domestic Violence Information Cell

ON THIS MONTH OF AWARENESS
&
TO THANK THE 8000 PLUS FOLLOWERS'
WE SHARE, GLIMS FROM A SURVIVOR'S DIARY.
_________________________________________________

...

"Domestic violence needs to stop and people need to love each other and not abuse them. Love means to love each other like God loves us. God doesn't want you to live in this domestic violence relationship and you need to leave before you become another fatality. I am a survivor and God saved me from death. But I was left with being blind in my left eye and multiple facial fractures and two large brain bleeds and broken right arm and bruises all over my body . I divorced my abuser and I am learning to live with the vision of one eye and the pain in my left eye and facial pain and headaches but with God at my side everyday helping me by giving me courage and strength to carry on to the future. I almost died the night of abuse because of the trauma and bleeding and they thought I wouldn't make it through the night. I was so blessed for God loving me so much and my faith in him that I am alive please if you are in a domestic violence relationship get out before you are the next victim and be a survivor. Pray for God to help you and he will help you and he will never abandoned you because he loves you. God bless you and keep you safe."

WE ASSURE YOU FULL ASSISTANCE & GUIDANCE."
FOR ASSISTANCE & QUERIES.
DOMESTIC VIO LENCE INFORMATION CELL
18 East-lane, Sundarpur, Dispur, Guwahati-781005, Assam.
98640-47886
E-Mail ID: mail4u2dear@gmail.com

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Help for Abused and Battered Women
At Guwahati (Assam)
Contact
98640-47886
Domestic Violence Information Cell...
KEWAL NIRMAL KALSI SALUTARY TRUST
[Service-Providers]
18 East-lane, House No.5, Zoo-Road, Sundarpur, Dispur, Guwahati-781005 (Assam).

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Consortium of Lawyers'

Help for Abused and Battered Women
At
Guwahati (Assam)
Contact
98640-47886...
Domestic Violence Information Cell
KEWAL NIRMAL KALSI SALUTARY TRUST
[Service-Providers]
18 East-lane, House No.5, Zoo-Road, Sundarpur, Dispur, Guwahati-781005 (Assam).

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PONDER AWHILE

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Consortium of Lawyers' is with Pranav Chauhan and 47 others.

SOMETHING TO PONDER UPON!

In America there is no age limit for a Justice of the Supreme Court to retire, often times they stay as long as they possibly can. It ...is not very typical for a justice to even retire, as many more die while in office. But of those who did opt for retirement, the average age of a justice when they do chose to retire is 78.7. Before 1971, the average age of a Supreme Court justice was 68.3. The average retirement age has grown a whopping 10.3 years in that time and is only expected to increase as justices are now retiring later and later in their careers. To put how late of a retirement this currently is into perspective, today the typical American retires at the age of 62. That is 16.7 more years of work than your everyday American.

The average age at which an American Supreme Court Justice retires is 78.

Should we not, adopt the same pattern in our Judicial System in India?

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Consortium of Lawyers'

WHAT IS IMPORTANCE OF FRAMING CORRECT ISSUES?

This Court in Bachhaj Nahar v. Nilima Mandal & Ors. , AIR 2009 SC 1103, held as under:

"The object and purpose of ...pleadings and issues is to ensure that the litigants come to trial with all issues clearly defined and to prevent cases being expanded or grounds being shifted during trial. Its object is also to ensure that each side is fully alive to the questions that are likely to be raised or considered so that they may have an opportunity of placing the relevant evidence appropriate to the issues before the court for its consideration.

The object of issues is to identify from the pleadings the questions or points required to be decided by the courts so as to enable parties to let in evidence thereon. When the facts necessary to make out a particular claim, or to seek a particular relief, are not found in the plaint, the court cannot focus the attention of the parties, or its own attention on that claim or relief, by framing an appropriate issue........ Thus it is said that no amount of evidence, on a plea that is not put forward in the pleadings, can be looked into to grant any relief.

The jurisdiction to grant relief in a civil suit necessarily depends on the pleadings, prayer, court fee paid, evidence let in, etc."

19. In J.K. Iron & Steel Co. Ltd, Kanpur v. The Iron and Steel Mazdoor Union, Kanpur, AIR 1956 SC 231, this Court observed:
"It is not open to the Tribunals to fly off at a tangent and, disregarding the pleadings, to reach any conclusions that they think are just and proper."

20. Order XIV Rule 1 CPC reads:
"Issues arise when a material proposition of fact or law is affirmed by the party and denied by the other."

Therefore, it is neither desirable nor required for the court to frame an issue not arising on the pleadings. The Court should not decide a suit on a matter/point on which no issue has been framed. (Vide: Raja Bommadevara Venkata Narasimha Naidu & Anr. v. Raja Bommadevara Bhashya Karlu Naidu & Ors., (1902) 29 Ind. App. 76 (PC); Sita Ram v. Radha Bai & Ors., AIR 1968 SC 535; Gappulal v. Thakurji Shriji Dwarkadheeshji & Anr., AIR 1969 SC 1291; andBiswanath Agarwalla v. Sabitri Bera, (2009) 15 SCC 693).

21. The object of framing issues is to ascertain/shorten the area of dispute and pinpoint the points required to be determined by the court. The issues are framed so that no party at the trial is taken by surprise. It is the issues fixed and not the pleadings that guide the parties in the matter of adducing evidence. [Vide : Sayad Muhammad. v. Fatteh Muhammad (1894-95) 22 Ind. App. 4 (PC).]

Reportable

Supreme Court of India
KALYAN SINGH CHOUHAN VS C.P.JOSHI
on 24 January, 2011

Bench: P. Sathasivam, B.S. Chauhan
Citation:(2011)11SCC 786

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