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Themissociijuris's Articles
March 8, 2007 by Themissociijuris
Here are some of the extracts from a Letter which was sent to H.E. the President of the Republic of India, by the Indian Ex-Servicemen's Bar Association (Regd):-

"It is an irony of our intellectual bankruptcy in designing our various sub-systems for National governance, that:-

a) Though the Research & Development is in the hands of those intellectuals who are competent in fathoming and harnessing the secrets of our Environment & the Laws of Nature, yet the fruits of the efforts of this emi...
December 22, 2006 by Themissociijuris
I had posted the previous Article/Post at three different websites. And its contents seem to have reached Sanjay.
But it appears from the media interviews that the Ld. Public Prosecutor is better prepared than the Ld. Defence Counsel(s) on some of the issues.
The Law is as under:-

Firstly, in Law & practice, a Bail means that the custody of the Accused is not given to the State (acting through the Jailor) but either to a private individual—with certain conditions, or that the Accused is bo...
December 9, 2006 by Themissociijuris
Does either the 'bandh' or the signature-campaign amount to contempt of court? Or could it be considered, by a somewhat stretched imagination, as an interference into the administration of Justice?

At a casual glance, the warning/caution by Mr. Nikam (Ld. Public Prosecutor for the State of Maharashtra in the above case) may seem correct—but a closer look at the Indian Laws will make you agree with me that “we may reasonably beg to differ with Mr. Nikam” because:-

1) The character of the ...
August 12, 2006 by Themissociijuris
Dear Mr. Dilip Nair (Office Bearer, Power of Youth),
Every one is a ‘newcomer’ in his/her first venture—the only difference is that some of the newcomers have the benefit of Guidance, others not. You have had that benefit.

As far as the threat by Pune police is concerned, please note that:-

1) The Students’ Union of Engineering Colleges under the Pune University, went on a hunger strike at the University Campus in protest against certain provisions of the Examination Policy. The local po...
August 6, 2006 by Themissociijuris
Hello,
Happy Friendship Day to all of You!
Have a nice day
Owner/Moderators/Author
July 27, 2006 by Themissociijuris
Who occupies an 'Office of Profit'-- Hon'ble Chief Justice of India Mr. YK Sabherwal (as ex-officio President of the Indian Law Institute) or Dr. Anbhumani Ramadoss (as ex officio Chairman of the Governing Body of the All India Institute of Medical Sciences)?
July 12, 2006 by Themissociijuris
These days a sizeable number of the daily passengers (office-goers) in the local (including inter-city) trains carry Mobiles (cell-phones).
The electronic media is also quite quick in flashing the news about man-made/natural/accidental disasters. And it is the natural human tendency that as soon as such a news is flashed, the well-wishers (near & dear ones) of these travellers start calling them on their said Mobiles—in order to know about their welfare.

These factors can be conveniently us...
July 6, 2006 by Themissociijuris
The Congress Government does it again.
Earlier, it had sacked Dr. Kacker, the then Director of the same Institute (AIIMS, New Delhi).
Against the said sacking order, Dr. Kacker filed a case in the Delhi High Court. But failed due to ...

The Government Counsel could not satisfy the Delhi High Court (Single Bench) as to:-
i) What were the specific charges against Dr. Venugopal (relevant under Article 311 of the Constitution of India read with the Principles of Natural Justice, in those cas...
July 4, 2006 by Themissociijuris
Will these FIRs be able to withstand the judicial scrutiny? The answer is a definite 'No'.
Is an Order by a Court--directing or permitting the Narco Analysis of an accused person, bad in law? Yes.

For details, please contact:-

GULSHAN BAJWA
M.B.I.M. (U.K.), M.B.A. (DoM, Pune), C.M.M.(Hyd.),
LL.B. (CLC, Delhi), B.A. (Hons.) Econ. (Hindu College, Delhi),
N.E.T.(Merit, U.G.C.), M.A.(P) Econ. (Delhi School of Economics),
C.P. Russian (JNU), Compu. Prog. (NIIT & Aptech), C.French (Allianc...
June 20, 2006 by Themissociijuris
The NDPS Act lays down a statutory & mandatory procedure for the search & seizure of the narcotics & psychotropic substances--for example, the option to be searched in the presence of a Gazetted Officer, the presence of Panchas at the time of the recovery of the said drugs, etc.
However, none of the drugs—examined by the CFSL, were seized as per the aforesaid procedure. Hence, the said samples—irrespective of their quantity, have no evidentiary value at all against Rahul.

Moreover, till date...
June 15, 2006 by Themissociijuris
Is the FIR No.79/06 filed u/ss 124-A and 153-A of the Ranbir Penal Code (RPC) in Nawabad police station in Jammu, on 09.6.2006, against Shri Vinay Katiyar & Shri Sahib Singh Verma, maintainable in Law?

After the recent massacre of 30 Hindus in Doda, the State President of the BJP--accompanied by, inter alia, the senior party leader Shri Sahib Singh Verma, toured the affected areas. They found that the main grouse of the citizens there was:-

“Some of us have been inducted into the Village D...
June 13, 2006 by Themissociijuris
The judicial records, police diaries, the statements made before the TV-Channels and the News-prints taken from the official website of Doordarshan will support my analysis. A copy of the same is with Shri Atal Behari Vajpayee's Office, too.
The police worked overtime—has even filed an Application on a Sunday.
As apprehended, one of those 9 persons--who were allegedly detained illegally, is now being made to make a statement upon oath before a Magistrate, WHEREAS the normal practice is that a...
June 12, 2006 by Themissociijuris
An Impartial Analysis of Rahul’s case

(Suspicious circumstances warranting a CBI Inquiry)

Known facts:-

Two camps
Camp-A
i) Shri AB Vajpayee
ii) Late Shri Pramod Mahajan

Camp-B
a) Shri LK Advani
Shri Yashwant Sinha
c) Shri Jaswant Singh

Source: Mr. PC Sriva...
June 2, 2006 by Themissociijuris
Supreme Court’s direction to the medicos to end strike--which I predicted (vide my e-mail to the webmaster of spandan.com) if the medicos were to appear before the Court, came true on Wednesday (May the 31st).
The reaction which I predicted from the International business community (vide my Article posted at the spandan) has now been vocalized by Simon Long, the author of 'A Survey of Business in India' and currently the South Asia Bureau Chief of The Economist. He says:-
Talking to newsmen in...
May 27, 2006 by Themissociijuris
CAUTION:
It has been observed, over the past one year or so, that a few unscrupulous/mentally sick individuals are abusing an inherent weakness in the Yahoo software--which allows them to STEAL the Identity of other Yahoo-users, and send messages AS IF the same had been sent by the actual owners of the said ID.
Many a times, these messages contain Attachments which carry computer viruses. The name of the said attached file might be misleadingly disguised as a .jpg or .pdf or .doc file etc. At...