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Showing posts from February, 2019

Lawyers Resort To Seek Unnecessary Adjournments Amounts To Professional Misconduct: MP HC

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It has to be noted right at the outset that in a sharp indictment against lawyers seeking repeated adjournments, the Gwalior Bench of Madhya Pradesh High Court in a recent case titled Nandu @ Gandharva Singh Vs. Ratiram Yadav and others in MP No. 1887/2017 dated January 9, 2019 has come down heavily against it! Justice Gurpal Singh Ahluwalia who delivered this verdict came down heavily on a lawyer for seeking repeated adjournments stated that seeking adjournment for no reason by lawyers amounts to professional misconduct. This judgment leaves no room for doubt that lawyers have to be always careful not to seek repeated adjournments without any valid reason!
                                    First and foremost, it is pointed out in this judgment that, “This petition under Article 227 of the Constitution of India has been filed against the order dated 6/12/2017 passed by the Civil Judge, Class-1, Bhander, District Datia in Civil Suit No. 29A/2014. Before considering the facts of the ca…

Educated Woman Supposed To Be Fully Aware Of Consequences Of Having Sex With A Man Before Marriage: J&K HC

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It has to be acknowledged, appreciated and applauded right at the outset that in a landmark and laudable judgment delivered by the Jammu and Kashmir High Court in a recent case titled Sunil Kumar vs State of J&K and anr. CRMC No. 512/2017, Nos. 01/2018, 02/2018, 01/2017 dated December 14, 2018, Justice Sanjay Kumar Gupta has held in no uncertain terms that an educated woman is supposed to be fully aware of consequences of having sex with a man before marriage. She cannot voluntarily first have sex with her own free will and later term it as rape or a sexual assault on her. In other words the Jammu and Kashmir High Court has vindicated the time tested adage that, “You cannot eat the cake and keep it too”. Every Court which includes even the top court that is Supreme Court must appreciate it and implement it always in all such similar cases.
                            To start with, it is first and foremost observed specifically in para 1 that, “Petitioner invokes the inherent juris…

Attack Is The Best Form Of Defence To Rely Upon Always

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“I assure all Indians that the country is in safe hands. I swear upon India’s soil. I won’t let the country be erased. I won’t let it come to a halt. My soul says today is the day to reiterate what I had said in 2014. I swear by my land I won’t let my country be destroyed. I will not let the country stop. I will not let the country bow. I pledge to the motherland that I will not let her head down.”
-Narendra Damodardas Modi                                     Let me be candid enough to admit right at the outset that I was not expecting India to retaliate so soon and so hard and that too deep inside Pakistan! I was caught completely off the guard when I first learnt that Indian Air Force had bombed Jaish camp deep inside Pakistan about 80 km away from the Line of Control in Pakistan’s Khyber Pakhtunkhwa province! I too went through the same emotions like my fellow countrymen that finally the dastardly and cowardly attack on our brave CRPF soldiers has been avenged with more than 350 ter…

Jammu and Kashmir HC Upholds PM’s Employment Package (2009) ForKashmiri Pandits Living In The Valley

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There can be no two views that in a landmark, latest and laudable judgment delivered by the Jammu and Kashmir High Court in Kashmiri Sikh Community and others v. State of J&K and others in OWP no. 2048/2017 just recently on February 14, 2019, it has very rightly upheld PM’s Employment Package (2009) for Kashmiri Pandits living in the Valley.  Every Indian must salute the heroic determination of all those Kashmiri Pandits who did not flee the Valley despite all round pressure on them and terrorists breathing down their neck since such a long time from 1990s onwards! No doubt, the Jammu and Kashmir High Court has very rightly turned down the plea challenging special dispensation in the matter of employment given in favour of Kashmiri Pandits living in Kashmir Valley for which it must be applauded and appreciated in no uncertain terms.
                            First and foremost, this commendable and noteworthy judgment delivered by Justice Sanjeev Kumar of Jammu and Kashmir High…

If This Is Not A War Then Please Tell What Else Is

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It would be the biggest lie if someone says that such a dastardly and worst terror attack witnessed by India since independence at Pulwama on February 14 has been committed by few individuals without the active support of Pakistani Army and ISI. The dreaded terror organisation Jaish-e-Mohammad whose founder Maulana Masood Azhar India had freed in 1999 after Indian plane was hijacked along with other terrorists has openly claimed responsibility for the same! If this is not a war against India then please tell what else is?
It is most intriguing to note that India continued with the Most Favoured Nation (MFN) status to Pakistan even after Kargil war in 1999 in which we officially lost more than 600 soldiers, Mumbai attacks of 26/11 in 2008, repeated attacks on our border states, attack on Parliament in 2001, hijacking of our plane by terrorists trained by Pakistan’s ISI and Army, and repeated beheading of our soldiers in last couple of years! The withdrawal of MFN status to Pakistan just…

Why Most Favoured Nation Status For Pakistan?

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It was nothing but stupidity of the highest order that India unilaterally granted Most Favoured Nation (MFN) status to Pakistan at a time when Pakistan had completed about 5 to 6 years waging proxy war against India in 1996 especially in Jammu and Kashmir where lakhs of Kashmiri Pandits and other Hindus and even those Muslims who helped them became refugees in their own country and yet Pakistan never granted us the same till date! It was nothing but stupidity of the highest order that India decided to continue MFN status to Pakistan even after Kargil war even after more than 600 soldiers sacrificed their lives in 1999 as per official figures even though unofficially the figure was quite high and our soldiers like Captain Saurav Kalia and 5 soldiers of 4 Jat Regiment were brutally tortured for about 22 days, blinded, maimed and then killed and after cutting their private parts put them in their mouth and handed over their bodies back to India and all politicians ruling in Centre felt p…