CRIMINAL CASE CAN BE FILED AGAINST BUILDER ON CHEATING WITH THE PUBLIC

The decision of the Bombay High Court

Bombay high court has ruled out that cheating by a developer can be taken not only a civil offense but, can also be considered as a criminal offense. This decision was held by Justice Sharukh Kathawalla and he stated in his orders that any complaint filed by public alleging cheating by a developer cannot just be taken as a civil case.

The ruling of the case was given while senior police officers of Malad police station refused to file an FIR against a  builder for cheating. Justice Kathawalla said that despite such ruling it is disheartening to note that police officers are not ready to help common man in such matters and they refuse to lodge a complaint.

When a senior police inspector refused to register the complaint, Liberty Garden cooperative housing society filed a petition before the High Court against the developer.

As per the agreement the developer would complete the project in 22 months from the time when commencement certificate was issued with a six month grace period. According to the society, the developer failed to complete the project and stopped paying rent since April 2017.

CALL "FULL COURT" BY 2 SENIOR JUDGES TO THE CHIEF JUSTICE OF INDIA | news |

CALL "FULL COURT"

Justice Ranjan Gogoi

Justice Madan Lokor

Two senior judges of the supreme court Justice Ranjan Gogoi and Madan Lokur wrote a letter to the chief justice of India Justice Dipak Misra, to call a "full court" of all of the judges of the supreme court to discuss "Institutional issues and future of the court”.

Justice Dipak Misra

 

The chief justice is yet to respond to the letter sent by justice Ranjan Gogoi and Justice Madan Lokur, both members are the two senior most judges of the supreme court. Usually a "Full Court" is called by the Chief Justice, When all the supreme court judges gather over a subject relating to public safety relating to the judiciary.

Earlier this month, a judge has written to the chief justice expressing concern over the delay by the government in the appointment  in the presence of two judges and said the very life "Very life and existence" of the supreme court was under threat.

THE WRIT OF HABEAS CORPUS | origin | meaning | preventive detention |

|What is Habeas corpus & how to use it

Introduction to Habeas corpus

The Indian constitution is one of the biggest constitutions in the world. Before enacting the present constitution the framers of the constitution examined the constitution of various countries of the world and also working the government of India act 1936. They did not copy any one particular model but literally borrowed the provisions from many countries of the world. 

The constitution of India gives the fundamental right to all of its citizens and also gives remedies to how to save oneself from anyone who is trying to take away these fundamental rights. One of the many rights a person has if his fundamental right to freedom is " The Right Of Habeas Corpus"

What is  Habeas corpus

"Habeas Corpus" is a Latin term which literally means "You may have the body". Habeas Corpus is a law that a person cannot be kept in prison unless they have been brought before a court of law, which decides whether it is legal for them to be kept in prison.

In many countries, authorities may take citizens and incarcerate them for months or years without charging them. Those imprisoned had no legal means by which they can protest the imprisonment. The framers of the U.S constitution wanted to prohibit this kind of occurrence. Therefore, they included a clause in their constitution that allows the court to issue writs of Habeas corpus. Later many countries also added the writ of Habeas corpus in their constitution including India.

• Habeas corpus can be issued only in the following cases:

1. When the person is arrested without any violation of a law.
2. When a person is arrested under a law which is Unconstitutional.
3. When detention or imprisonment is done to harm the person or insincere or Malafide.
4. When the person is detained and not produced before the Magistrate within 24 hours.

Thus, Habeas corpus writ is called “Bulwark or Barrier of Individual Liberty Against Arbitrary Detention”.

• A general rule of filing the petition is that - A person whose right has been infringed must file a petition. But Habeas corpus is an exception and anybody on behalf of the detainee can file a petition.
• Habeas corpus writ is applicable to preventive detention also.
• This writ can be issued against both public authorities as well as individuals.

On the other side, this writ can't be issued where -

• The detention is LAWFUL.
• The procedure is for contempt of a LEGISLATURE or a COURT.
• Detention is outside the JURISDICTION of the court.
• Detention is by a COMPETENT COURT.

DEATH SENTENCE FOR THE CHILD RAPIST | News | Facts |

DEATH SENTENCE FOR THE RAPE OF A CHILD

Union Cabinet has promulgated of criminal law (Amendment) to give death penaly of raping a girl below 12 years. The ordinance amends indian penal code
(IPC), Criminal procedure code (CPC), Protection of children from sexual offences (POSCO) Act and indian Evident ACT.

The act protects the rights of the children against the heinous crime of rape. This act was necessary not just for a child but for every women out there, who are living in this world of fear. A fear that does not allow a woman to use her right of freedom.

FACTS OF THE ACT

The act provides a strict punishment of a jail term of maximum 20 years or death penalty for the rape of a girl below 12 years. If a person is found guilty of rape of a girl below 12 years then the accused will be charged with a maximum jail term for 20 years or death penalty.

The act also increases the term of punishment from 10 to 20 years, if a person is found guilty of the rape of a girl below 16 years, which can be extended till the imprisonment to life. Also, the act has increased the term of punishment for the crime of rape of a women with rigorous from 7 years to 10 years, which may also extend to imprisonment to life.

The act provides speedy investigations to case and trials of the case, which must be completed within 2 two months, It proposes 6 month time limit for the disposal of the appeal of a rape cases. The act provides dedicated manpower for investigation of rape cases in time bound manner.

"Why can't it be the same for the child who has been raped?"

REST IN PEACE TIM BERGLING ( AVICII) | WIki | Death |

AVICII

Tim Bergling (born 8 September 1989), better known by his stage name Avicii, is a Swedish DJ, remixer, and record producer. Avicii was ranked 3rd on DJ Magazine 's annual Top 100 DJs in 2012 and 2013 and has been nominated twice for a Grammy Award, once for his work on "Sunshine" with David Guetta in 2012 and once for his song "Levels" in 2013. Some of his most famous song are "I could be the one" with Nicky Romero.

Tim Bergling was born on 8th September 1989 in stockholm, Sweden. In May 2007, Avicii signed on with the Dejfits play label, then in 2010 Avicii released his hit song "seek Bromance", which reached top 20 in several countries including Belgium, France, The Netherlands, United Kingdom and Sweden. He also Remixed Nadia Ali's Classic single 'Rapture' for her album queen of clubs Trilogy: Onyx edition. In 2010 Avicii signed with the european A$R team with Emi music publishing. Since achieving widespread commercial success, Avicii began working with his manager and executive producer Ash Pournouri to start to start house of Hunger in 2011, A charity dedicated to Alleviating global hunger.The pair wanted to showcase the giving spirit fostered by the house music community. Avicii explained " You have to give something back".

In 2016 Avicii announced retirement from touring. Avicii said " I know I am blessed to be able to travel all around the world and perform, but I have too little left for the life of a real person behind the artist. He was reportedly suffering from Acute pancreatitis, partially because of heavy drinking.

On April 20th Avicii ( The swedish DJ) passed away. He was found dead in Oman. He was just 28.

"He said, one day you'll leave this world behind 

so live a life you will remember"

Rest in peace Tim Bergling.

Kathua Case | Story | News |

Kathua Rape: The  Story how an 8 year old girl was brutally raped and later murdered.

Asifa, a beautiful and innocent 8 year old girl from the district of Kathua, Jammu and Kashmir, was allegedly drugged, barbarically gang raped for days by grown men and if that did not satisfy their demonic urges, allegedly murdered and dumped on the streets for none.

The heinous crime was done inside a place where people come to worship and pray forgiveness for their sins Yes! they carried out the crime inside a temple. Also, two of the main accused are Special Officers from an Special Investigating Team, set up too investigate juvenile crimes.

A group of lawyers even protested the arrest of the accused. But, later on the supreme court slammed the Jammu lawyer's protest by pulling up lawyers in jammu for obsrtucting the filing of the charge sheet of the rape and murder case, and directed the Bar council of India to submit to it a report on the conduct of lawyers.

Jammu lawyers protesting against the Kathua rape and murder case

In the interim we must urge the Bar Council of India to remove their names from the State Bar roll, under appropriate sections of the Advocates Act, 1961, pending  the above criminal investigation.

Instaces like these makes us judge about the Indian legal system. And what is frightening is they don't exist only in small states like Jammu & Kashmir. They exist and practice in major cities and towns, all across India. Well, some in more than others !!

In such a serious situation we should pray for the poor soul and request for justice to be provided to her. The culprits should be punished in the worst possible way there is.

We want Justice for Asifa.