On Justice Marlandey Katju speaking against corruption in Judiciary

it is the courage of the Justice Markandey Katju that made him speak against corruption in judiciary when he is not in the system,there is nothing illogical in this,exposing a corrupt judge even if the judge is dead is worth to be praised.

http://www.business-standard.com/article/politics/no-point-in-raising-a-voice-now-against-corruption-in-the-judiciary-moily-to-justice-katju-114072100261_1.html

Defects raised by the Supreme Court Registry in SLP bearing Diary No. 25532/2014

In a Special Leave Petition drafted by me and filed before the Hon’ble Supreme Court of India bearing Diary No.25532/2014 challenging the Final Judgment and Order of the Hon'ble High court of Bombay at Panaji in Civil Application (Review) in Second Appeal No.24 of 2012.In the objection raised by the supreme court office,the court registry has held that A Power of Attorney holder cannot appear and argue before the supreme court on behalf of a party. And has also held that the application made by the litigant to engage the Power of Attorney Holder to appear and argue on behalf of her is not maintainable as such not to be filed.

I had to do the Drafting because we have experience with the advocates in the Hon'ble High Court  of Bombay at Panaji,they Refused to take up the case of my mother and further tried to misguide us.The Special Leave Petition has been filed by mother In-Person and she also filed an Application in the Special Leave Petition praying to the Hon'ble Supreme Court to allow me to appear and argue the Special Leave Petition before the Hon'ble Supreme Court on behalf of her.

 

The litigant herein is my mother a 55 year old primary marathi school teacher who cannot even spell “law”.

A number of High Court advocates in Goa had refused to take up her matter to file a review of a High court order in Second Appeal decided by the high court.The advocates engaged by her had conspired with the opposite party to let her case fail.

The review was then drafted and filed by me(I am her son) in the high court.In this process I had the first hand experience with the corruption in judiciary.lot of efforts were put in by the Advocates to convince us that our stand was wrong.the litigant (my mother) appeared before the Hon’ble High court in person, the matter was dismissed.

Then the special leave petition was drafted by me and was filed in the supreme court.

There are millions of people like my mother,may be more backward and illiterate,financially incapable for getting justice.

To file a case in the supreme court you have to spend more than 100,000/- so that the advocate just drafts and files your case, then for the advocates to just come and sit in the court during the hearings you have to pay him minimum of 50,000/- per hearing.

You can go little cheaper by engaging a fresher or advocate who is just starting with the career,but these inexpensive advocates get ‘purchase’ by the advocates of the opposite party.

Now coming to the point, if such a litigant cannot afford the advocates, cannot he authorize any person whom the litigant has faith in, to appear and argue before the supreme court on his behalf??.

The supreme court registry says, no you cannot!!

But

The supreme court has itself in various judgments and in the matter of Janaki Vasudeo Bhojwani Vs. IndusInd Bank Ltd. AIR 2005 SC 439 has held that a power of attorney holder can appear, argue and act on behalf of the party.

It is a different case that though my mother is not aware of the laws and not aware of the procedures of the courts.I can very well deal with the objections raised by the Supreme Court registry.I was just wondering of what the common man will do in such situations,he has no choice but to engage an advocate.

 

Corruption in Indian Judiciary.

Any act of corruption or judicial misconduct by the Judges cannot take place in any court without involvement of the court registry and the court staff.

Beginning from the security outside the courts, all of the court staff provides strategic support to the corrupt judges to carry out their tasks.

Actually there is no need for the judges to involve the staff when the litigant has engaged advocate to fight for him and to get justice. Because the advocate will always do what the judge tells him.

The judge will face problems only in case the litigant decides to not to engage the advocate and pursue the case himself, which is very rare considering the arcane procedures of the courts.

In case a litigant somehow approaches the court in-person, the judge has no choice but to subtly prevent the litigant from pursuing his case, for this the court staff is used. manipulation of the notice board of the case listings by of omission to list the case on a particular day or to number the case in such a way that the case  won’t be taken up for hearing for that day is done by the court staff on the directions of the judge, so that the litigant gets exhausted of coming and sitting in the court room for weeks and months without being heard, till he decides to engage an advocate so that the judge and advocate can decide what arguments the advocate should put forward before the judge and what to decide.

nowadays the daily cause lists of the courts are displayed on the websites of the courts which makes it convenient for the litigants to know their hearing date and time.As it is not possible for a litigant to visit the courts every day to check out the cause list displayed on the notice boards to find out whether his case will be heard on that day or not. as such the litigant always try to get the date and time of his case hearing from the cause list published on the website of the court.This fact is sometimes used by the Judges to make sure that the litigant is prevented from attending his case,by manipulating the cause lists on the website of the court.This may be done either by entering wrong dates or time of hearing or altogether making the status of that particular case disappear i.e to manually delete the case information. If the litigant misses a hearing because of this, it is a valid reason to dismiss the case outright.

This all happens after the case is registered, sometimes the case filed by the litigant is not even allowed to be registered, the court staff coerces the litigant enough so that he approaches the advocate to file his case.

If somehow the case is registered,heard and  is finally decided the next job of the court staff is to cause delay in providing the certified copy of the judgment so as to TRY to prevent the litigant from appealing of challenging the decision in higher court. If the litigant is ignorant of the procedures, he succumbs to such tactics. I was once asked to not to come to even enquire about the status of my application for certified copy of the judgment in one case, unless the judgment is uploaded on the courts website, that judgment though as of today i have received the certified copy, is still not uploaded on the courts website.

In the supreme court of India you won’t come across such manipulations, since as  per my opinion the supreme court has always been protecting the rights of the people of this country and ensured justice to them by its various landmark decisions wherein most of the times the Hon’ble supreme court has reversed the decisions of the High court’s and other lower courts. According to me it is also not possible for the Court staff of the Supreme Court of India to indulge into such misdeeds due to the very high standing of the Supreme Court.

Filing Special Leave Petition in the Supreme Court,against Judgment & Final order of the High Court of bombay at panaji Bench in Civil Application Review No.11 of 2014

The Hon'ble High Court of Bombay at Goa in the final order and judgment of Civil Application Review No.11 of 2014 titled Vijaya Gajanan Naik V/s Suresh Basu Naik and Othrs declared that an Article 1565 of the Portuguese civil Code which belongs to the chapter of Portuguese civil code titled the "Contract of Sale",is in actuality provision of succession law.

The Petitioner in the Special Leave Petition has disputed the decision of the Hon'ble High court of bombay at Goa.The Petitioner has claimed that article 1565 of the Portuguese civil code in no way deals with succession as it clearly speaks about contract between parents and childrens(only contract between parents and majors childrens is valid as per the Indian Contract Act),and that whole chapter of contracts in portuguese civil code is repealed by the Indian Contracts Act.

Even if it is assumed that the Decision of the High Court is correct,it will be surprising to know that the said Article 1565 of the portuguese civil code or the provision of succession law as declared by the high court does not exists in any legal publication in the state of Goa even after 58 years of liberation from the portuguese regime.

further the only Case Reporter of the Goa ,that is the Goa Law Times did not include the landmark judgments of Second Appeal No.24 of 2012 Vijaya Gajanan Naik V/s Suresh Basu Naik and Othrs ,which the petitioner had also tried to review  in the high court vide Her Review Application in Civil Application Review No.11 of 2014.

Another Judgment of the Hon'ble high court titled Shri Norberto Paulo Sebastiao Fernandes and Others V/s Shri Gabriel Sebastiao Idalino Fernandes and Others in Second Appeal No.3 of 2006 which has also upheld the Article1565 of the portuguese Civil Code is also not reported in the Goa Law Times by its publishers. 

The Special Leave Petition was filed relying on the Decision of the Hon'ble Supreme court in Syndicate Bank v. Praba D Naik and Anr. Wherein the Hon'ble supreme Court has declared a law that a single provision from a repealed chapter of Portuguese Civil Code cannot sustain,either a chapter exists in its entirely or not,there is no half way about it.

you can download the Draft of Special Leave Petition for reference  here 

Letter Patent Appeal Filed in the High Court of Bombay at Goa

On 9th June 2014 filed the Letter Patent Appeal in the High Court of Bombay at Goa Bench.In this the Judgement of Second Appeal No.24 of 2012 and the Order of Review in Civil Application Review No.11 of 2014 has been Challenged.I am doubtful regarding the maintainability of the LPA  as the Goa Government is suppose to abolish LPA in the High Court  by bringing into force the (Hearing of Writ Petitions by Division Bench and Abolition of Letter Patent Appeals) Act,2013.

So if the Government has not abolished it as on today the LPA will be registered or else it will be rejected.Have been facing strong opposition from the Respondent No.1 and 2 in the above said matter,so much that the Respondent No.1 has threatened me that he will kill me with a knife if found alone,as it was not a direct threat i could not file police complaint.

The Advocate engaged by the appellant also played mischief while the above said matters were filed.the advocate of the appellant deposed against the appellant by making false statements.

All the wrongs done by the advocates of the appellant in the above said matters have been tried to be corrected in the said LPA.

Update:
14th June 2014: Realized that Second Appeal in the high court cannot be appealed by way of Letter Patent Appeal,LPA is inter Court appeal against the decision of the single Judge only in case of matters decided under Article 226 of the constitution.as Such i will have to file SLP in the Supreme Court of India.

16th June 2014:Filed an application for withdrawal of the Stamp No STA/1479/2014 for withdrawing the LPA filed as  on 11th June 2014 objections were raised by the Judicial Section stating that LPA doesnot lie as per the Rules and as also the LPA has been abolished.

19th June 2014: had gone to the judicial section to find the status of the Application for withdrawal,was informed that the application has to be signed by the registrar only then the appellant will be able to withdraw the LPA and to take back the Certified copy of the Civil application Review 11/2014 annexed to the LPA Appeal Memo.has been called on 20th June 2014 for the same.

Civil Application Review No.11 of 2014

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION (REVIEW) NO. 11 OF 2014

IN

SECOND APPEAL NO. 24 OF 2012

SMT. VIJAYA GAJANAN NAIK                  …      Applicant

V e r s u s

SHRI SURESH BASU NAIK AND 7 ORS.   …      Respondents

Applicant present in person.

CORAM : F. M. REIS, J

DATE :  20th March, 2014

P.C.:-

This is an application seeking review of the judgment dated 21.06.2012 passed in Second Appeal No. 24 of 2012.

2.               I have heard the applicant in person and perused the records.  The main ground of the review is to contend that the provisions of Article 1565 of the Portuguese Civil Code dealing  with  the  succession  are  no  longer  in  force  after coming into force of the Transfer of Property Act. This aspect has been duly examined while disposing of Second Appeal No.24 of 2012 by judgment dated 21.06.2012. Those provisions are dealing with succession which has been examined while passing the judgment under review.  Hence, there is no error apparent on the face of record which calls for review of the said judgment as a review application is not an appeal in disguise.

 

3.              Hence,  the  above  review  application  being  an abuse of process of law stands accordingly rejected.

 

F. M. REIS, J

Supreme Court of India,where truth prevails.

In an inaugural speech given by the then Chief justice of India on 28th January 1950,the chief justice Hon'ble Shri. Harilal J.Kania had said that the Supreme Court of India stands to administer the law,has good will and sympathy for all,but is allied to none.The Hon'ble Chief Justice also went on to say that "We hope and trust the Court will maintain the high traditions of the Judiciary and perform its duties without fear and favour".

The Hon'ble Supreme Court of India has stood for the expectations of the then Chief Justice and will continue to,by being a powerful instrument for protecting law all over the country.

But,some issues do not reach to the supreme court as not every one has access to the supreme court,people who don't have financial support or are not aware of their rights and injustice caused to them never approach to the Supreme Court.