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Legal Blogs

Principles of Natural Justice

No one can be judge of his own cause,
Right to be heard
No one can pass unreasoned judgement
No one can pass cryptic order.

No one is perfect

Even Judges Do mistakes,
Silly Mistake
Knowingly,
Unknowingly.

A Dismay Story of Indian Advocates

Advocates are made not born,

An argument at Silly-Point


between a judge and a lawyer
a hon'ble Orissa high Court
on the point of making the Registrar of NHRC a party to the suit

A video
presentation

During Law Study
At Chhattisgarh, Raipur
Farhan Coaching
In English

Discrimination between
a poor and a rich CCL

Odisha Vs Maharastra
Rich Father & Sugar Daddy Vs Single Mother
Nayagarh Pari Murder Vs Pune Poscha Car Case

No More Safety In The Place of Safety

ALL are sleeping and the future of the country is behind the bar.

SAVE THE CHIDREN IN CONFLICT WITH LAW

State Considered them the second-class citizen of this country

College Teacher
Vs
College Student

The IPS Arun Bothra implicated two innocent in the false cases.

Coming Soon......

AIBE
Vs
CPET

Two Examinations of a kind,
One for wrongful gain
another for
public interest.

AIBE - A mockery of the Indian legal education system whereas the CPET is a real one.

Sarah Sunny Vs Lalit Kumar & Ors.

Nepotism Still Prevails in the Court
All Lawyers survive
All Soldiers die



Judiciary's
Blue Eyed Boys

Bar Council of India
State Bar Councils
Laywers
are the blue eyed boys of the Indian Judiciary
and they will never gets punished by the Indian Judiciary even if the large scale misconducts, absue of power and corruption prevailing in these offices.


A Noble Cause
by Our Senior Advocate
Advocate T.K.Dwibedi

Planting a Tree a small step by a man but a giant leap by the Mankind as we have only one HOME to live in the Mother EARTH.


Example set by the young lawyer Advocate Abinash Giri of Bhadrak

by marriage a girl before Marriage officer of Bhadrak in a single ceremony and without taking a single paisa a Dowry.


Orissa High Court Acting like
an Agent of
Rulling Government and
Political Party

In MLA Pradeep Panigrahi Case.
Lady IIC of PATANA Police Station Case
and Numerious more.
The Poeple of Odisha lost all hope and faith in it and engaging antisocial to redress their grievances.

The provision of Article 50 of the Constitution of India Violated for the wrongful gain

Most Mis-used judgement of the Supreme Court by the PIOs

CBSE Vs Aditya Bandopadhyay, Civil Appeal No.6464 of 2011.

False Implication of Dr. Dilbag Singh Thakur of SCB Medical Colleve and Hospital in the crime No.201 of 2024 by the Mangalabag Police Statation

Thus violated the Supreme Court guidelines
Lalita Kumari Vs State of UO, WP Crl. 68 of 2008
Commisisonerate Police Vs Devender Anand & Anr , Crl. Appeal No.834 of 2017
Direction of the CID-CB vide Notification No. 31787 Dt. 31-08-2019.

Odisha High Court Mediation Centre is running for mere formality.

As it is in the hands of incompetent, impotent and powerless people.

Cheating and Forgery Committed by DCP Prateek Singh of Bhubaneswar-UPD

the DCP has sublet his police duty to the section officer who is signing as the DCP of Bhubaneswar-UPD

Misconducts, Abuse of power, abuse of process of law and corruption prevailing in the Tenkasi District Judiciary of Tamil Nadu

No monitoring by the High Court as per the provision of section 529 of BNSS-2023 and it is done under a deep-rooted criminal conspiracy, intentionally, dishonestly, fraudulently and for the wrongful gain.

Supreme Court guidelines of the protection of Medical Professionals-2024

This is a Suo motu cognizance taken by the apex court due to the unfortunate incident of alleged Rape and Murder of the lady doctor in the RG Kar hospital of Kolkata.

Legal Misadventure by lawyer is strictly prohibited

but here in the State of Odisha legal misadventure is the source of the collection of illegal money as more than 20000 petitions are filed before the hon'ble Orissa High Court for the registration of FIR even if the same has been prohibited as per the rule of law, direction of the competent authority(s) and as per the guidelines of the apex court given in the cases of Priyanka Srivastava & Sakir Bahu.

pressMeet-by-police

Press-Meet by Police https://youtu.be/vMPGqdoFw94?si=Kp4GSRF2D6BeNPxq In 2023 The Supreme Court on Wednesday directed the Union Ministry of Home Affairs to prepare a comprehensive manual on media briefings by police personnel within a period of three months. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra also directed Director Generals of Police (DGPs) of all states to submit their suggestions for the manual. The court also took note that the investigating agencies are using Pess-meet to “airing personal view”  and “view of the government or rulling political party” through media.   The court also told that the print and electronic media had published news ites with ornamentations and embellishments to the accused’s rights. Additionally, the court directed that the input of the National Human Rights Commission (NHRC) be considered in this matter.  There is a guidelines of the government of India on the same The Court went on to quote two Supreme Court judgments on the issue i.e., Rajendran Chingaravelu v. RK Mishra and Romila Thapar and Others v. Union of India.In Rajendran Chingaravelu, the Supreme Court had held “Premature disclosures or ‘leakage’ to the media in a pending investigation will not only jeopardise and impede further investigation but many a time, allow the real culprit to escape from law.” Further in Romila Thapar, the Supreme Court had expressed its dismay at police disclosures stating, “police briefings to the media have become a source of manipulating public opinion by besmirching the reputations of individuals involved in the process of investigation. What follows is unfortunately a trial by the media. That the police should lend themselves to this process is matter of grave concern…” Bloggers’ Comment; Police use media platforms to sensetionalised the matter. Police use media platforms to exterior motives and worngful gain. Police use media platforms to advertise itself as a protector of the socoeity and to coverup it’s own sin.     Some infamous press-meet by police View Government of India’s Guidelines NHRC Guidelines View Romila Thapar’s judgment

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teachersDay-KapilDevbhuti

Teachers’s Day Special – Kapil-Devbhuti Who is teacher? Who can be a teacher? generally who taught us something is called a teacher and today the September the 5th 2024 is a teacher ‘s day. Let think about it can the following people can be a teacher a son, a father, a mother, a sister, a brother, a servant, a prostitute, animals, birds etc. Kapil Devabhit Samwad is the first dialogue in Srimad Bhagawat Mahapuran where mother accepted Son as her Guru and Sisters acceptd their brother as theri Guru. Once mother Devbhuti realised that his 14 yeards son Kapil is no other than the God himself then she made him the guru of her and asked different questions about spirituality and listening to this all the nine sisters of Kapil Bhagwan also came to listened to this teachings. Mother Devbhuti questioned : देवहूतिरुवाच निर्विण्णा नितरां भूमन्नसदिन्द्रियतर्षणात् ।येन सम्भाव्यमानेन प्रपन्नान्धं तम: प्रभो ॥ तस्य त्वं तमसोऽन्धस्य दुष्पारस्याद्य पारगम् ।सच्चक्षुर्जन्मनामन्ते लब्धं मे त्वदनुग्रहात् ॥ य आद्यो भगवान् पुंसामीश्वरो वै भवान् किल ।लोकस्य तमसान्धस्य चक्षु: सूर्य इवोदित: ॥ अथ मे देव सम्मोहमपाक्रष्टुं त्वमर्हसि ।योऽवग्रहोऽहंममेतीत्येतस्मिन् योजितस्त्वया ॥ means; I am very sick of the disturbance caused by my material senses, for because of this sense disturbance, my Lord, I have fallen into the abyss of ignorance. Your Lordship is my only means of getting out of this darkest region of ignorance because You are my transcendental eye, which, by Your mercy only, I have attained after many, many births. You are the Supreme Personality of Godhead, the origin and Supreme Lord of all living entities. You have arisen to disseminate the rays of the sun in order to dissipate the darkness of the ignorance of the universe. Now be pleased, my Lord, to dispel my great delusion. Due to my feeling of false ego, I have been engaged by Your māyā and have identified myself with the body and consequent bodily relations. After asking these questions , mother also made stuti to Kapil by saying the following slok; तं त्वा गताहं शरणं शरण्यंस्वभृत्यसंसारतरो: कुठारम् ।जिज्ञासयाहं प्रकृते: पूरुषस्यनमामि सद्धर्मविदां वरिष्ठम् ॥ I have taken shelter of Your lotus feet because You are the only person of whom to take shelter. You are the ax which can cut the tree of material existence. I therefore offer my obeisances unto You, who are the greatest of all transcendentalists, and I inquire from You as to the relationship between man and woman and between spirit and matter.. and after listening to the teaching of Kapil bhawan Her mind became completely engaged in the Supreme Lord, and she automatically realized the knowledge of the impersonal Brahman. As a Brahman-realized soul, she was freed from the designations of the materialistic concept of life. Thus all material pangs disappeared, and she attained transcendental bliss. She left her body and became a river called “SIdhdada” and Kapil Bhagwan left for Ganga sagar.   HINDI VERSION :  शिक्षक कौन है? शिक्षक कौन हो सकता है? आमतौर पर जो हमें कुछ सिखाता है उसे शिक्षक कहा जाता है और आज 5 सितंबर 2024 को शिक्षक दिवस है। आइए सोचें कि क्या निम्नलिखित लोग शिक्षक हो सकते हैं एक बेटा, एक पिता, एक माँ, एक बहन, एक भाई, एक नौकर, एक वेश्या, पशु, पक्षी आदि। कपिल देवभीत संवाद श्रीमद्भागवत महापुराण में पहला संवाद है जहाँ माँ ने बेटे को अपना गुरु और बहनों ने अपने भाई को अपना गुरु स्वीकार किया। एक बार जब माता देवभूति को एहसास हुआ कि उनके 14 साल के बेटे कपिल कोई और नहीं बल्कि स्वयं भगवान हैं तो उन्होंने उन्हें अपना गुरु बना लिया और अध्यात्म के बारे में अलग-अलग सवाल पूछे और यह सुनकर कपिल भगवान की सभी नौ बहनें भी उनकी शिक्षा सुनने आईं। माता देवभूति ने प्रश्न किया: देवहूतिरुवाच निर्विण्णा नितरां भूमन्नासदिन्द्र्यातर्षणात् । येन संभव्यमानेन प्रपन्नन्दं तम: प्रभो ॥ तस्य त्वं तमसोऽन्धस्य दुष्परस्याद्य पारगम।सच्चक्षुर्जन्मनामन्ते लब्धं मे त्वदनुग्रहात् ॥ य अद्यो भगवान पुंसमीश्वरो वै भवन किल।लोकस्य तमसन्धस्य चक्षुः सूर्य इवोदितः॥ अथ मे देव सम्मोहम्पाक्रस्तुं त्वमर्हसि।योऽवग्रहोऽहंमामेतेत्येतस्मिन् योजितस्त्वया ॥ मतलब; मैं अपनी भौतिक इंद्रियों द्वारा उत्पन्न अशांति से बहुत परेशान हूं, क्योंकि इस इंद्रिय अशांति के कारण, हे भगवान, मैं अज्ञान की खाई में गिर गया हूं। आप ही मेरे इस अज्ञान के अन्धकारमय क्षेत्र से बाहर निकलने का एकमात्र साधन हैं, क्योंकि आप ही मेरे दिव्य नेत्र हैं, जिन्हें मैंने आपकी कृपा से अनेक जन्मों के पश्चात प्राप्त किया है। आप ही सभी जीवों के मूल और परम प्रभु भगवान हैं। आप ही ब्रह्माण्ड के अज्ञानरूपी अन्धकार को दूर करने के लिए सूर्य की किरणों को फैलाने के लिए उत्पन्न हुए हैं।  अब हे प्रभु, आप मेरी महान मोह-माया को दूर करने की कृपा करें। अपने मिथ्या अहंकार के कारण मैं आपकी माया में लीन हो गया हूँ और मैंने अपने आपको शरीर तथा उसके परिणामस्वरूप होने वाले शारीरिक सम्बन्धों से एक कर लिया है। इन प्रश्नों को पूछने के पश्चात माता ने कपिल से निम्न श्लोक कहकर स्तुति भी की; तं त्व गताहं शरणं शरण्यं स्वभृत्यसंसारतरो: कुठारम् । जिज्ञास्याहं प्रकृते: पुरुषस्य नमामि सद्धर्मविदां वरिष्ठम् ॥  मैंने आपके चरण कमलों की शरण ली है, क्योंकि आप ही एकमात्र ऐसे व्यक्ति हैं, जिनकी शरण ली जा सकती है। आप ही वह कुल्हाड़ी हैं, जो भवरूपी वृक्ष को काट सकती है। अतः मैं आपको, जो सभी पारलौकिक लोगों में महान हैं, प्रणाम करता हूँ और आपसे पुरुष और स्त्री तथा आत्मा और पदार्थ के बीच के सम्बन्ध के बारे में पूछता हूँ। और कपिल भवन की शिक्षा सुनने के बाद उसका मन पूर्ण रूप से परमेश्वर में लग गया और उसे स्वतः ही निराकार ब्रह्म का ज्ञान हो गया। ब्रह्म-साक्षात्कार प्राप्त आत्मा के रूप में वह जीवन की भौतिकवादी अवधारणा की उपाधियों से मुक्त हो गई। इस प्रकार सभी भौतिक पीड़ाएँ गायब हो गईं और उसे पारलौकिक आनंद प्राप्त हुआ। वह अपना शरीर छोड़कर “सिद्धदा” नामक नदी बन गई और कपिल भगवान गंगा सागर में चले गए।

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The-NSS-Gang-of-Cuttack-Odisha

The NSS gang of cuttack celebrates the birth-day of one of its members The notorious NSS gang of Cuttack, Odisha has celebrated the birthday of its one of its members on Dt. 03-09-2024 and the same was extended to late light without local authorities’ power, consent, or permission. The same was celebrated at the residential house of the birth-day boy causing disturbance to all the other families of the members of the gang as there was no hope in winding up the celebration at last Lord Jagannath Mahaprabhu intervened after listening to the prayers of the family members and all went to their destination causing petrol expenses to the celebrating family.   GOD BLESS YOU –  मजाक समझा करो 

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Lok-Adalat-Award-2

Lok Adalat Award cannot be challenged in Writ Court Lok Adalat Award Cannot Be Challenged Before Writ Court Unless Fraud Or Lack Of Jurisdiction Is Alleged: Rajasthan HC. The Rajasthan High Court observed that an award of Lok Adalat cannot be assailed in a routine manner before the Writ Court unless fraud or lack of jurisdiction is alleged. The Court was hearing a batch of Writ Petitions filed by RSRTC against the awards passed by the National Lok Adalat as well as by the workmen seeking implementation of such awards. The bench of Justice Anoop Kumar Dhand observed, “…award passed by the Lok Adalat shall be final and the same cannot be assailed in a routine manner, before the Writ Court unless allegation of fraud are there against a party. An award can be assailed only if the same is passed without jurisdiction or is obtained through impersonation or playing fraud with the Court.” To make the picture clear, the Court explained the facts of one of the Writ Petitions where the services of workman Virendra Singh were terminated on the allegations of collecting fares from passengers without issuing tickets. Aggrieved by the order, he approached the High Court, but his petition was initially dismissed on the ground that there was an alternative remedy available under the Industrial Disputes Act. The Division Bench allowed his appeal noting that his termination was stigmatic and violated principles of natural justice and ordered his reinstatement without back wages. The matter was referred to the National Lok Adalat which reinstated Singh without back pay but treated his service as continuous for pension and gratuity purposes. RSRTC challenged the award on the technical ground that the settlement was signed by a different counsel without consent from their primary legal representatives. While explaining about the Lok Adalat the Court said, “It is a forum where disputes/ cases pending before the Court of Law are settled/ compromised amicably. Lok Adalat aims to provide a cost-effective, timely and amicable resolutions of the disputes, reducing the case load of the Courts and promoting social harmony. The Lok Adalat is a way where both parties win and no one loses.”  The Court mentioned the Supreme Court decision in P.T. Thomas v. Thomas Job reported in (2005) 6 SCC 478, where the SC has held that the Court’s attempt should be to give enforceability to the award passed by the Lok Adalat and not to defeat the same on technical grounds. The Court dismissed the Writ Petitions filed by the RSRTC. In the case of P.T. Thomas v. Thomas Job reported in (2005) 6 SCC 478, the Hon’ble Apex Court has held that the Court’s attempt should be to give enforceability to the award passed by the Lok Adalat and not to defeat the same on technical grounds. Finally, the Court allowed the Writ Petitions filed by the workmen for implementation of the awards, passed by the National Lok Adalat and directed the respondent-RSRTC to implement the awards passed in favour of the workmen.  Cause Title: Virendra Singh v. Rajasthan State Road Transport Corporation Appearance: Appellant: Adv. Sumit Kumar Jain, Adv. G. L. Sharma and Adv. Ankul Gupta  Respondent: Senior Adv. R. N. Mathur and Adv. Anubodh Jain. Bloggers’ Comment; Fraud play obtaining order can be reported to Writ court using the provision of section 44 of the Indian Evidence Act, 1972 or S-38 of BSA-2023. Civil Procedure Code, 1908 (CPC) – Section 89 – Execution of decree – Suit for mandatory injunction for recovery of possession – Matter settled in Lok Adalat – Award provided for sale of building to appellant or his nominee within a period of two years on payment of Rs. 9.5 lakhs – Sale deed not executed within time fixed by Lok Adalat – High Court dismissed execution and allowed revision against order of subordinate Judge directing appellant to deposit the amount – Respondent was obliged to execute sale deed within two years in view of award of Lok Adalat and decree of eviction against him – Settlement of dispute was a concession in his favour giving breathing time to give vacant possession – Order passed by High Court in revision set aside – Respondent directed to execute sale deed within two weeks. Legal Services Authorities Act, 1987 – Section 21 – Award of Lok Adalat is a decision of Court arrived at by simple method of conciliation – Its decree is enforceable and cannot be challenged by regular remedies including writ under Article 226 of the Constitution. Civil Procedure Code, 1908 (CPC) – Section 96 – Appeal – Award of Lok Adalat challenged in appeal – Maintainability – Award of Lok Adalat being passed with consent of parties, no appeal lies against the award. The Lok Adalat shall proceed and dispose the case and arrive at a compromise or settlement by following the legal principles, equity and natural justice. Ultimately the Lok Adalt passes and award, and every such award shall be deemed to be a decree of Civil Court or as the case may be which is final. The Lok Adalat will pass the award with the consent of the parties, therefore there is no need either to reconsider or review the matter again and again, as the award passed by the Lok Adalt shall be final. Even as under Section 96(3) of C.P.C. that “no appeal shall lie from a decree passed by the Court with he consent of he parties”. The award of the Lok Adalat is an order by the Lok Adalat under the consent of the parties, and shall be deemed to be decree of he civil Court, therefore an appeal shall not lie from the award of the Lok Adalt an under Section 96(3) C.P.C.   View Rajasthan HC’s Judgment View P.T.Thomas Judgment

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further-investigation

Further Investigation Criminal Procedure Code, 1973—Sections 173(8) and 190—Further investigation—Magistrate has jurisdiction to ignore opinion expressed by investigating officer and independently apply his mind to facts that have emerged from the investigation—Power of Magistrate to direct for further investigation has to be cautiously used. Criminal Procedure Code, 1973—Sections 397, 401 and 482—Inherent jurisdiction and revisional jurisdiction— Scope and ambit—Inherent as well as revisional jurisdiction should be exercised cautiously—Normally, revisional jurisdiction should be exercised on a question of law—However, when factual appreciation is involved, then it must find a place in class of cases resulting in a perverse finding—Basically, power is required to be exercised so that justice is done and there is no abuse of power by Court—Presently, High Court has adverted to facts not to see perversity of approach or to see that justice is done but analyzed it from an angle as if it is exercising appellate jurisdiction—High court’s conclusion with regard to factual score is unsustainable. CHANDRA BABU VS STATE-2015. A CRIME NEVER DIES :- A. Criminal Procedure Code, 1973 (CrPC) – Section 173(8) – Further investigation – Powers of investigating agencies: – Even after the final report is laid before the Magistrate and is accepted, it is permissible for the investigating agency to carry out further investigation in the case. In other words, there is no bar against conducting further investigation under Section 173(8) of the CrPC after the final report submitted under Section 173(2) of the CrPC has been accepted. – Prior to carrying out further investigation under Section 173(8) of the CrPC it is not necessary that the order accepting the final report should be reviewed, recalled or quashed. – Further investigation is merely a continuation of the earlier investigation, hence it cannot be said that the accused are being subjected to investigation twice over. Moreover, investigation cannot be put at par with prosecution and punishment so as to fall within the ambit of Clause (2) of Article 20 of the Constitution. The principle of double jeopardy would, therefore, not be applicable to further investigation. – There is nothing in the CrPC to suggest that the court is obliged to hear the accused while considering an application for further investigation under Section 173 (8) of the CrPC. B. Criminal Procedure Code, 1973 (CrPC) – Section 173(8) – Further investigation – Prior to carrying out a further  investigation under Section 173(8) of the CrPC, it is not necessary for the Magistrate to review or recall the order accepting the final report. C. Criminal Procedure Code, 1973 (CrPC) – Section 173(8) – Further investigation – If there is necessity for further investigation, the same can certainly be done as prescribed by law – Mere fact that there may be further delay in concluding the trial should not stand in the way of further investigation if that would help the court in arriving at the truth and do real and substantial as well as effective justice. D. Prevention of Corruption Act, 1988 – Sections 13(1)(e) and 17 – Persons authorised to investigate – Second proviso to Section 17 of the 1988 Act directs that the offence referred to under clause (e) of sub section (1) of Section 13 of the 1988 Act shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police – Thus, from the Second proviso, it is clear that an investigation into the offence referred to in clause (e) of sub section (1) of Section 13 of the 1988 Act even by any police officer enumerated in clauses (a) to (c) or any Police Officer authorized in that behalf by the State Government as per the first proviso, can be undertaken only by an order of the police officer not below the rank of Superintendent of Police. Thus, the Second proviso is in the nature of additional safe guard for the public servant who are accused of the offence punishable under Section 13(1)(e) of the 1988 Act against an investigation by a police officer without the knowledge and consent of superior police officer not below the rank of Superintendent of Police – A superior police officer of the rank of Superintendent of Police or any officer higher in rank is required to pass an order before an investigation, if any, for such offence is commenced – It is needless to point-out that, before directing such investigation, the Superintendent of Police or an officer superior to him is required to apply his mind to the information and come to an opinion that the investigation on such allegations is necessary.  SBI Vs HEMENDHRA REDDY-2023   Further Investigation permissible even after acceptance of final report Court, not Agency, directs further investigation Further investigation can be ordered by by Magistrate post-cognizance but before the trail.  Further investigation cannot be extended for re-investigation or fresh investigation. SP/DCP can’t order further investigation without permission from magistrate or HC. The High Court can order further investigation/ reinvestigation under Section 482 CrPC. Power of directing further investigation rests with magistrate & not with police: affirms SC. Magistrate has power to order further Inv. U/s 156 (3) CrPC in post-cognizance stage: SC. Magistrate Or Special Court Has No Power U/S 156(3) CrPC To Order Further Investigation By Different Investigating Agency. View Chandra Babu’s Judgment Difference aspects of section 173(8) CrPC.1973 Recent Orissa HC’s Judgment

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free-services-CPA-2019

Free Services Also Covered Under Consumer Protection Laws: Consumer Commission In a significant legal clarification, the State Consumer Disputes Redressal Commission has affirmed that services provided free of cost do come under the ambit of consumer protection laws. This ruling came during the appeal against a 13-year-old decision by the Haridwar District Commission. The case in question dates back to 2008, where a woman filed a complaint against a doctor in Haridwar, alleging negligence during her treatment, which led to her deteriorating health and the subsequent death of her unborn child. On April 6, 2011, the Haridwar District Commission acknowledged the doctor’s fault and ordered compensation of ₹17.60 lakhs. During the appeal, the defense argued that the patient had not been charged for the treatment, suggesting that the service should not be covered under the Consumer Protection Act. They contended that the district commission should not have accepted the complaint. Rejecting this argument, the State Commission, chaired by Kumkum Rani with member B.S. Manral, referenced a Supreme Court decision in the IMA vs V.P. Santha, decided on 13-11-1995 case, which stated that even free services are considered services under the law. After a thorough review of all aspects of the case, the State Commission overturned the district commission’s decision to award compensation, delivering their final judgment on August 30. Guidelines of the Supreme Court given in the case of IMA Vs V.P.Santha & Ors. (1) Service rendered to a patient by a medical practitioner (except where the doctor renders service free of charge to every patient or under a contract of personal service), by way of consultation, diagnosis and treatment, both medicinal and surgical, would fall within the ambit of ‘service’ as defined in Section 2(1)(o) of the Act. (2) The fact that medical practitioners belong to the medical profession and are subject to the disciplinary control of the Medical Council of India and/or State Medical Councils constituted under the provisions of the Indian Medical Council Act would not exclude the services rendered by them from the ambit of the Act. (3) A ‘contract of personal service’ has to be distinguished from a ‘contact for personal services’. In the absence of a relationship of master and servant between the patient and medical practitioner, the service rendered by a medical practitioner to the patient cannot be regarded as service rendered under a ‘contract of persona] service’. Such service is service rendered under a ‘contract for personal services’ and is not covered by exclusionary clause of the definition of ‘service’ contained in Section 2(1)(o) of the Act. (4) The expression ‘contract of personal service’ in Section 2(1)(o) of the Act cannot be confined to contracts for employment of domestic servants only and the said expression would include the employment of a medical officer for the purpose of rendering medical service to the employer. The service rendered by a medical officer to his employer under the contract of employment would be outside the purview of ‘service’ as defined in Section 2(1)(o) of the Act. (5) Service rendered free of charge by a medical practitioner attached to a hospital/Nursing home or a medical officer employed in a hospital/Nursing home where such services are rendered free of charge to everybody, would not be “service” as defined in Section 2(1) (o) of the Act. The payment of a token amount for registration purpose only at the hospital/nursing home would not alter the position. (6) Service rendered at a non-Government hospital/Nursing home where no charge whatsoever is made from any person availing the service and all patients (rich and poor) are given free service – is outside the purview of the expression ‘service’ as defined in Section 2 (1)(o) of the Act. The payment of a token amount for registration purpose only at the hospital/Nursing home would not alter the position.  (7) Service rendered at a non-Government hospital/Nursing home where charges are required to be paid by the persons availing such services falls within the purview of the expression ‘service’ as defined in Section 2(1)(o) of the Act. (8) Service rendered at a non-Government hospital/Nursing home where charges are required to be paid by persons who are in a position to pay and persons who cannot afford to pay arc rendered service free of charge would fall within the ambit of the expression ‘service’ as defined in Section 2(1)(o) of the Act irrespective of the fact that the service is rendered free of charge to persons who are not in a position to pay for such services. Free service, would also be “service” and the recipient a “consumer” under the Act. (9) Service rendered at a Government hospital/health center/dispensary where no charge whatsoever is made from any person availing the services and all patients (rich and poor) are given free service – is outside the purview of the expression ‘service’ as defined in Section 2(1)(o) of the Act. The payment of a token amount for registration purpose only at the hospital/nursing home would not alter the position. (10) Service rendered at a Government hospital/health center/dispensary where services are rendered on payment of charges and also rendered free of charge to other persons availing such services would fall within the ambit of the expression ‘service’ as defined in Section 2(1)(o) of the Act irrespective of the fact that the service is rendered free of charge to persons who do not pay for such service. Free service would also be “service” and the recipient a “consumer” under the Act. (11) Service rendered by a medical practitioner or hospital/nursing home cannot be regarded as service rendered free of charge, if the person availing the service has taken an insurance policy for medical care whereunder the charges for consultation, diagnosis and medical treatment are borne by the insurance company and such service would fall within the ambit of ‘service’ as defined in Section 2(1)(o) of the Act. (12) Similarly, where, as a part of the conditions of service, the employer bears the expenses of medical treatment of an employee and his

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Professional-Standard

Bar Council has to maintain professional standards and in the event of any complaint of misconduct, actions are to be initiated. The Madras High Court observed that a Lawyer involved in the creation of a forged rental agreement is liable to be prosecuted for misconduct under the Advocates Act, 1961, and the Bar Council of India Rules, 1975. The Court said that the Bar Council has to maintain professional standards and in the event of any complaint of misconduct, actions are to be initiated. The Court was hearing a Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to take necessary action against the lawyer. The bench of Justice S.M. Subramaniam and Justice V. Sivagnanam observed, “The 5th respondent is in occupation of the building belongs to the petitioner and running Lawyer Office by abusing his position as a lawyer which caused dis-reputation to the legal profession.” Brief Facts- The Petitioner is the owner of the building which he inherited through his father. The petitioner entered into an agreement with the 5th respondent (who is an advocate). He not only committed default in payment of rent but also occupied other portions of the building by creating forged lease agreements. After the expiry of the original lease period, the 5th respondent is continuing in forcible occupation. The Petitioner submitted a complaint before various authorities. Since they took no action, the Petitioner filed the Writ Petition. The Court observed, “Lawyer enjoys a status in the society. They are expected to maintain good conduct. A Lawyer involved in creation of forged rental agreement is liable to be prosecuted for misconduct under the Advocates Act, 1961, and the Bar Council of India Rules, 1975.” The Court directed authorities to proceed with criminal proceedings under Sections 419, 420, 465, 468 and 471 of IPC. Accordingly, the Court disposed of the Writ Petition. Cause Title: B.L. Madhavan v. Secretary, Bar Council of Tamil Nadu and Puducherry Bloggers; comment; 100 of 1000 of complaints are pending before the State Bar councils and BCI and the same has not been redressed under a deep-rooted criminal conspiracy, intentionally, Dishonetly, fraudulently and for the wrongful gain even if the OSBC has taken a fee of Rs.1500/- for the same from the complainant. Last chance was given by the Supreme Court of India in 2022 to the BCI to dispose off the complaints againt the lawyers by December’31 2022 but nothing has been done towards the same as the BCI & SBCs are considering themselves above the law. Case title : CHARANJEET SINGH CHNDERPAL  Vs VASANT D. SALUNKHE AND ORS.  View Judgment View Supreme Court’s Judgment

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Practicing-Law

Right To Practise Law Is A Fundamental Right. Right To Practise Law Is A Fundamental Right crafted in the article 19(1)(g) of the constitution of India as; To practice any profession. To carry on any occupation, trade or business.   Bar Associations Not Empowered To Restrain Lawyers From Appearing Before Any Court: Madras HC. “The Bar Association is not empowered to prevent or restrain any Advocate from appearing before the Courts. Practice of Law is a fundamental right enunciated under the Constitution. Advocates Act also provides right to Lawyers to practice before all the Courts. Such right cannot be taken away by merely suspending a Member of the Bar Association or causing inconvenience to him from practising Law in Court premises,” the court observed. The bench of Justice SM Subramaniam and Justice C Kumarappan further added that an advocate was expected to maintain a cordial relationship with the members of the Bar Association to ensure that the court proceedings are not obstructed. The court hearing a petition by Advocate Senthil against the order of the Tambaram Bar Association suspending him. Senthil submitted that he was suspended merely because he attended the court contrary to the decision of the Bar Association to not attend court proceedings. The petition was opposed by the Bar Association which informed the court that Senthil had abused members of the Bar Association and was frequently causing inconvenience to the members of the Bar Association. The association also denied the allegation of preventing lawyers from attending court proceedings. The court noted that even the Apex Court had observed that boycotts should be used as a last resort by the Bar Association and there could not be continuous boycotts by lawyers affecting the rights of litigants and the justice delivery system. The court observed that the order passed by the Tambaram Bar Association was unnecessary and such an attempt should be avoided. The court added that the members of the bar association were expected to respect the freedom of speech and practice of others. Thus, the court allowed the petition and quashed the bar Association’s order. Counsel for Petitioner: Mr.G.Karthikeyan Senior Counsel for Mrs.A.Jagadeeswari. Counsel for Respondents: Mr.C.K.Chandrasekkar, Mr.P.Santhaseelan Citation: 2024 LiveLaw (Mad) 315 Case Title: V Senthil v The Secretary, Bar Council of TN & Puducherry Case No: W.P.No.20133 of 2024.       View Judgment

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bail-cannot-denied-1

Bail Cannot Be Denied On The Ground That Trial Is Expedited The Supreme Court today (September 2) emphasized that bail cannot be rejected merely on the ground that the trial will be expedited. A bench of Justice Abhay Oka and Justice Augustine George Masih said this while issuing notice in an SLP by a dacoity accused challenging Calcutta High Court’s decision to reject his bail plea but expedite the trial. The Supreme Court noted that despite the Constitution Bench judgment in the case of High Court Bar Association v. State of UP, which held that High Courts and the Supreme Court should not fix a time-bound schedule for the completion of trials, several High Courts continue to do so after denying bail. “In the case of High Court Bar Association, Allahabad v. State of UP and Ors., a Constitution Bench of this court has taken a view that as a matter of rule High Court or for that matter this court should not fix time bound schedule for conduct of a case and said approach can be adopted only in exceptional cases. Notwithstanding the pronouncement of law by Constitution Bench of this court, we have noticed that several High Courts while rejecting bail are fixing time bound schedules for conduct of trial. It cannot be that bail is denied on the ground that trial will be disposed of expeditiously. Issue notice returnable on 4th October”, the Court stated in its order. The same bench in July this year set aside a Patna High Court order directing the trial court in a criminal case to complete trial within a year, noting that the HC did not consider the huge pendency of cases in trial courts. The bench, citing the constitution bench judgement orally expressed last month that it cannot entertain petitions seeking fast-tracking of hearings in HC. In the present case, the petitioner is one of several accused in a dacoity case who has been in custody for over two years. He initially approached the HC seeking bail.   The petitioner submitted that charge sheet in the case names 72 witnesses, but only three witnesses have been examined so far. The last scheduled date for the examination of witnesses was June 18, 2024, but no witnesses were examined on that date. The petitioner argued before the HC that his fundamental rights to personal liberty and a speedy trial were being violated due to the prolonged incarceration and the slow pace of the trial. The HC rejected the petitioner’s bail plea, noting the gravity of the charge and the prima facie evidence against the petitioner. The HC highlighted that the petitioner was identified in a Test Identification (TI) Parade and that material recovered from him incriminated him in the alleged offense. However, noting the long period of incarceration and the fundamental right to personal liberty under Article 21 of the Constitution, the HC directed the trial court to conclude the trial within one year from the next date fixed for recording evidence, without granting any unnecessary adjournments. The HC clarified that if the trial was not concluded within the stipulated time frame, the petitioner would be at liberty to renew his bail plea. Case no. – SLP(Crl) No. 11589/2024 Case Title – Rup Bahadur Magar @ Sanki@ Rabin v. State of West Bengal View Judgement

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