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About Kishan Dutt Retd Judge

      RESUME OF

SRI. KISHAN DUTT KALASKAR,

(Former Judge and Advocate, Bengaluru)

REQUEST TO INCLUDE MY NAME ON THE LEGAL ADVISOR

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1.NAME:                       KISHAN DUTT KALASKAR

2.FATHER’S NAME:      LATE SRI. GYANAPPA KALASKAR

3. DATE OF BIRTH:       12.03.1961   ( 55 YEARS )

3A. EDUCATION       :   B.Com (First Class from Osmania) LL.B (Gulbarga)

4. EXPERIENCE:  Junior and Senior Civil Judge & Metropolitan    Magistrate .  ( Served for 20 Years, From 1992 To 2012 )

A: Related Spl Exp:  Decided several types of civil, criminal, land acquisition, cheque bounce, motor vehicles and other varities fo cases.

B) Worked as Head of the Legal Cell, Revenue, Home etc., in Govt. of Karnataka

C) Worked as Central Project Officer and in-charge of entire Karnataka, to look after computerization of High Court of Karnataka and Sub-ordinate Courts

D) Worked as in-charge Deputy Secretary, High Court of Karnataka Legal Services Committee and presided over High Court Lok Adalats Daily from 5 p.m. to 7.30 p.m. along with High Court Judges.

5. EXPRERIENCE:  A)         7  YEARS EXPERIENCE AS ADVOCATE

                                    B)         20  YEARS EXPERIENCE AS JUDICIAL OFFICER

                                                         C)                Legal Advisor, Enquiry Officer and Advocate since July 2012

6. EXTRA TALENTS:   

1. Worked on the Editorial Board of Karnataka Law Journal

2. Presently on the Editorial Board of www.scconline.com Reputed Law Journal

3. On  the Enquiry Panel of   BESCOM  (Bangalore Electricity Supply Company)

4. On  the Enquiry Panel of   Wonder La, Bangalore 

5. On  the Enquiry Panel of Shakti Precision Components (India), Bangalore-48

6. On  the Enquiry Panel of  KSTDC (Karnataka State Tourism Department Corporation) 

 

Address for Communication:                                                       

Kishan Dutt Kalaskar

No.74, First floor,

6th cross, Malleswaram, BENGALURU - 3

Mob: 9686971935, Land: 080-23461189

E MAIL:  kalaskarnetra@gmail.com

Education

LLB (1985)

P.S.R. Law College, Turangi, Kakinada

Work Experience

1992 - 2012

High Court of Karnataka as Judicial Officer in different capacities

Worked as Junior Civil Judge

Worked as Senior Civil Judge

Worked as Head of the Legal Cell, Revenue Department, Govt of Karnataka

Worked as Incharge Central Project Officer (Computers) High Court of Karnataka

1992 - 2012

High Court of Karnataka as Judicial Officer in different capacities

Worked as Junior Civil Judge

Worked as Senior Civil Judge

Worked as Head of the Legal Cell, Revenue Department, Govt of Karnataka

Worked as Incharge Central Project Officer (Computers) High Court of Karnataka

ROAR VIEW All

Rights and Duties of…

Rights and Duties of Seller and Buyer

Most of the property cases are between family members, leading to the diffusion of the joint family into a nuclear one. Therefore, it becomes necessary to have clear views regarding the provisions of the transfer of property in India. The property transferred by way of succession, legacy or in contemplation of death is subject to respective personal laws or sections under the Indian Succession Act 1925 apply over them.

Section 54 of the Transfer of Property Act, 1982 define sale as; 

The "Sale" is the transfer of ownership in exchange for the price paid or promised or partly paid or part promised. ‘           

1.      Parties to sale

2.      The subject matter of sale

3.      Consideration

4.      Mode of execution of the sale

Parties to sale

There should be a transferor (seller) and transferee (buyer) for the sale of property, and the transferor should be a person who is competent to enter into a contract. In the case of BiswanathSahu vs Tribeni Mohan, the court stated that a transferor could either be the property owner or should have the authority to dispose of such property. For example, 'karta' have the authority to dispose of the property under specific circumstances.Similarly, the guardianof the minor person can sell the property only by court's permission.

A transferee should be a person who is competent to take possession of the property and not legally disqualified (insolvent). A minor can be the transferee, and therefore transaction of the sale is valid. 

 

The subject matter of sale

The sale of property given under this act deals only with the immovable property, and that immovable property can be tangible (which can be touched and felt) or intangible (right of easement) in nature. Further, the owner made an express statement to convey his right to transferee for the property, which can be sufficiently identified.

 

Consideration

The consideration for having a valid sale is that there must be money in exchange for ownership, and nothing other than money can be considered for a valid sale. Time is irrelevant in relation to consideration which means that money can be paid before, at the time or in subsequent completion of sale.

 

Mode of execution of the sale

For the execution of a valid sale deed, there should be a fulfilment of three essentialrequirements; sale deed by transferor should be in writing, it should be properly attested andregistered for any immovable property, but these requirements are not compulsory for theproperty which have nominal value or value less than rupees 100. In comparison, the propertywhose value is less than 100 rupees can be done by a simple transfer of property.In the case ofMeghan Enterprises Private Limited v. Official Liquidator, the​court held that the sale of​ the property being auctioned by the court does not require the above three essentials, and the certificate of sale by the court is enough for that sale only.       

 

Contract of sale

A contract of sale is only a contract over an immovable property by executing terms settled by the parties for the sale of the property. It doesn't create any right of possession and charge over the property. It is merely a document that further provides the sale of deed.

But the sale of contract gives some rights to the transferee as, after the contract of sale, the transferor cannot sell the property to another person, and for the same, he can be sued by the transferee.

The distinction between a sale and a contract of sale

1.      A transfer of ownership occurs when an immovable property is sold under the TPA. A contract for the sale of immovable property is nothing more than an agreement that the property will be sold in the future on terms agreed upon by the parties.

 

2.      A TPA sale creates a right in rem. A contract for sale makes a right in personam.

 

Buyer and seller's rights and responsibilities:

In the absence of a contract to the contrary,the buyer and seller of immovable property are subject to the responsibilities and have the rights outlined in the regulations that follow (or those that apply to the property sold).

The seller is required to:

 (a) disclose to the buyer any material defect in the property or the seller's title thereto of which the seller is aware, but the buyer is not, and which the buyer could not discover with ordinary care, and  disclose to the buyer any material defect in the property or the seller's title thereto of which the seller is aware, but the buyer is not;

(b) must deliver all title papers related to the property in the seller's custody or control to the buyer upon his request for scrutiny;

(c) must respond to any relevant inquiries posed by the buyer about the property or the title to it to the best of his knowledge;

(d) execute a valid conveyance of the property when the buyer offers it to him for execution at an appropriate time and place upon payment or tender of the amount payable in respect of the price;

(e) to take as much care of the property and any title papers pertaining to it that are in his control between the date of the contract of sale and the delivery of the property as an owner of ordinary prudence would take of such property and documents;

 

Conclusion

Transfer of property is a transfer of all the rights and liabilities of the property to the buyer. But a contract of sale only shows a willingness to transfer the property,whereasa sale is an actual transfer of property. Civil law revolves around the concept of property. It is governed by the Civil Procedure Code and the Transfer of Property Act. Both attorneys and the general public need to be aware of the specifics of property transactions and transfers.

 

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Basis for Award of Compensation…

Basis for Award of Compensation in Motor Vehicle Accident Cases

Under the Motor Vehicles Act of 1988, an individual injured in a car accident or the legal representatives of an individual killed in a car accident may claim damages. It is a law made to prevent motor vehicle accidents and compensate victims and punish guilty parties in the event of an accident.There is no time constraint for submitting the claim application. However, trying to claim compensation after a long unusual duration may cause the Tribunal to have reservations. Consequently, while there is no time limit for submitting a compensation claim, it should be completed as quickly as possible.

 

The Motor Vehicle Act

The Motor Accident Claim Tribunal was formed to adjudicate disputes under the Motor Vehicles Act of 1988. The Claims Tribunal's primary objective is to ensure that cases are tried speedily and that justice is done. The claimant should submit their claim on time. According to Section 173, Claims Tribunal appeals will be heard in the High Courts. Appeals must have been lodged within 90 days of the date of the judgment. If the claimant is late in submitting his appeal, he must provide a plausible reason for the latency. The appeal will be heard if the Court approves it. The appeal will be rejected if the amount in conflict is less than Rs10,000/-.The Motor Accident Claim Tribunal supervises cases involving death, property damage, or personal injury. Claims can be submitted to the appropriate Claims Tribunal. High courts from various states oversee these Tribunals.

Penalties and offences there under the Act of 1988 According to Section 181 of the act, if a person drives a vehicle without a license or before having reached the age of majority, he may be penalized up to Rs 5000/- or imprisoned for up to three months, or both.

The Claims Tribunal may grant claims to the claimant in the following situations according to Section 165(1) of the Motor Vehicles Act, 1988:

       When an individual dies or is injured as a result of an accident

       When a third party's property is destroyed as a result of the accident

       When such accidents occur as a consequence of driving a car

The Supreme Court established guidelines in National Insurance Company Limited v. Pranay Sethi for determining the amount of compensation awarded by the offender to accident victims who are self-employed, have a regular wage, or have a fixed salary. The Court believes that "just compensation" should be based on reasonableness, fairness, and equity.

 

The following parameters were implemented in response to the decision in Sarla Verma v. Delhi Transport Corporation :

       If the dead had a secure job and were between the ages of 40 and 50, 50% of his annual pay would be added.

       If the person who died were over 50, there would be no inclusion.

       If the dead person had a fixed salary or was self-employed at the time of his death, his income was to be considered.

This evaluation of compensation in the event of a car accident death was later discussed in Pranay Sethi's case. The Court determined that only giving an addition to the deceased who had a permanent job was inappropriate. It should be stretched to others as well. "To have the perspective that he (self-employed person) is likely to remain stationary and his income to remain constant is contrary to the basic concept of human behaviour," the Court stated. Furthermore, the Court stated that there is a lack of uniformity when Claim Tribunals use different evaluation methods. As an outcome, when assessing compensation, it is desirable to implement the "principle of standardization," which was used in this case to evaluate the foreseeable prospects of victims killed in car accidents. A new group was also established for those who died while self-employed or on a regular salary.

The individual who files the claim petition must show that the respondent was negligent. It is crucial to prove that he is lawfully accountable for his actions and is at fault for them. Because there is no precise definition of negligence for the reasons of such a proceeding, it would usually mean a violation of obligation caused by an omission directed by a rational man on some grounds that he would normally do or be bound by law to do because of the behaviour of the public interests, or through doing things that a reasonable or considerate man would not do.

The Supreme Court specifies "rashness" as "risking a dangerous or recklessness act with the knowledge that it is dangerous and may cause serious harm." The hazard of committing such conduct with carelessness or indifference to the implications is criminal in such a case." The Supreme Court defined 'negligence' as "the inability to do something with reasonable and responsible means conferred by the considerations that ordinarily regulate human affairs, or doing something that reasonable and prudent means guided by similar considerations would not do."

 

Conclusion

 

The issue emerges because payment is to be made in the event of a child's death, even though the child earns nothing and may study. As an outcome, parents cannot be expected to rely solely on their children in such issues. Nonetheless, the parents will endure the loss of their child and receive to be paid fairly for it. The Supreme Court ruled in R.K. Malik v Kiran Paul that claims for the child's future prospects should be permitted in addition to financial damages. In the case of Lata Wadhwa v. State of Bihar, where the accident occurred on March 3, 1989, and many people, including children, were killed in a crash, the Court awarded significant claims.

The Court categorically stated that the children who died were all attending an expensive college or school, had excellent prospects, and came from upper-middle-class families; however, the higher claims awarded cannot be said to be for the adversity of life and the misery and grief endured as a result of the destruction of life as a result of financial state. To receive acceptance for its use, the multiplier method was noted.In the case of children aged 5 to 10, the Court ruled that "a sum of Rs.1.50 lakhs was awarded towards pecuniary compensation and a sum of Rs.50,000/- was awarded towards 'conventional compensation." Compensation of Rs.4.10 lakhs was awarded in the case of children aged 10 to 18 years, including "conventional compensation."

Legislation is passed to help the general public. The Motor Vehicles Act of 1988 was passed to prevent accidents; it is an important law that must be adequately enforced. As a result, the government and the general public must work to see it through. Every person must ensure that he does not infringe its provisions because an accident results from an individual's behaviour.

 

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Importance of Court…

Importance of Court Summons and Notices

The steps to be followed whenever you receive a summon from the Indian courts-

1. Look through the summon attentively and understand if you need an answer or other action. In many cases, it is suggested that an answer be sent to the other party. An advocate can help you reach that decision.

2. Consult an advocate and present all the information you have regarding the issue; he will draft a response for you and send the summon on your behalf.

3. Depending on your answer, the other party can take the matter to the Indian court or do a settlement outside the Indian court; in both cases, ensure the advocate you consulted is well informed about the matter.

It is always advisable to answer a summon so that you may clear your side of the matter or dispute. Kindly seek an advocate’s advice, and you should avoid answering such summon on your own because it might have repercussions in the future. Summon is sort of a warning to whom it is sent. It is the summon to the person, i.e., making someone aware of the things he might not be aware of. It states a wrong/mistake one may have committed and the legal penalty/amount you would be subjected to if the sender of the summons resorts to litigation. Before relying on or taking action against the summon, it is always advisable to consult an advocate. If you have an Indian court summons, say to testify, yes. You had better respond, or the Indian court could issue a warrant.

Reply to the summon

The summon should be replied to within the stipulated time, and if not replied to within the stipulated time, it can prove to be beneficial to the addressee. After receiving the summon, the following points must be kept in mind:

Attentively look troughing the summon– It is important to properly look through the summon to understand the issue and concerns that the other party raises. If the receiver of the summon feels that the concerns raised in the summoning could be resolved amicably, then immediately, a conversation should be initiated.

Contacting the Advocate– If the contents of the summon are unclear, then a profound advocate must be contacted who can further legal action. Also, the receiver should keep a record of the time of receiving the summon, which will be advantageous even if the matter is taken to the Indian court by the opposite party.

Briefing the advocate– This step must be done attentively, and the matter must be escalated to the appointed advocate. The advocate must be provided with all the necessary information about the facts, time, place, events, etc., that are related to the issue. This helps the advocate draft a proper answer representing the receiver’s side of an argument.

Sending the answer– The answer summons are sent either through a registered summon or courier once the advocate drafts the answer summon on your behalf. The advocate keeps a copy of the answer summons for future reference.

What happens if the person doesn’t respond to a summon?

If the person to whom the summon is sent doesn’t respond to it in a stipulated time, then the aggrieved party files a suit in the appropriate Indian court of Law. Once the suit is filed in the Indian court, the order will be sent to the respondent by the Indian court to appear before the Indian court and answer the charges which are against them by the respondent.

Advantages of a summon

·         Warning– A summons acts as a warning against the offender as it ensures that the offender is aware of the duties that must be performed by him or otherwise face the consequences of non-compliance.

·         Resolution of dispute– A fair chance is given to both parties to resolve their dispute, which can be through negotiation, mediation, or arbitration without dragging the matter before the Indian court.

·         Amicable settlement– The litigation process is money and time-consuming; thus, it is preferable to directly settle the matter via the summon, which is a much easier and quicker process.

Summon must mention the following points

1.Name and address of the parties– The summon must mention the name and address of the party to whom the summon has to be sent.

2.Facts and grievances– The facts and grievances caused to the sender must be mentioned in the summon sent by the sender in paragraphs and points.

3.Compensation– After stating the facts, the summon must mention the amount of compensation claimed for the inconvenience caused. Sometimes the summon mentions an alternative mode of redressing the dispute. It is compulsory to bring up the laws under which the compensation has to be claimed.

4.Signature– At the end of the summon, there should be a signature and stamp of the advocate who sends the summon on behalf of the client.

The procedure of sending a summon-

1.You can either draft a summon yourself, or you can take the advocate’s assistance. Though, it is advisable to engage a qualified advocate, as one should be extremely cautious with the language used and the choice of words. While drafting a summon, you should be cautious of using any fact that might later work against you in the Indian court. Once a summon is sent, it cannot be changed, and if you use any contradictory statement in the Indian court, then it might weaken your case.

2.The summon must be addressed to the person you have grievances against.

3.A summon must be sent on plain paper or on the letterhead of an advocate.

4.You must categorically mention in the summon the time period in which the addressee must respond to the summon. The time period can be 30 to 60 days. The time period must be stipulated within which the other party is expected to fulfil the demands.

5.The summon should be signed by the advocate as well as the sender.

6.The summon must be sent either through a registered post or courier. It is usually advised to ensure that the acknowledgement is retained.

Mistakes to be avoided while answering to a summon

1.Time: The most common mistake is not answering a summon on time. The sender should try to answer the summon as soon as possible and within the stipulated time as mentioned in the sender’s summon. Or else, the person who is sending can take the harsh acts.

2.Answer: The mistake the party makes is that they do not answer in a proper and prescribed manner. The summon should be properly replied to; if the party is unable to understand the terms of the summon, a professional advocate should be consulted.

3.Sections: The mistake that is made is that the party forgets to mention the sections under which it is sending the summon. The party must be aware of the relevant sections under which it is sending the summon.

4.Date: The people forget to mention the date in the summon. It is very important to mention a date in the summon.

5.Sign: If the party consults an advocate, then it should not forget that both the party’s and an advocate’s signature is required.

6.Address: The present address of the sender should be mentioned so that it reaches the proper person at the proper time. Bringing slowdown may take action against the party later.

7.Contact: The sender’s present working phone number should be addressed.

Tips to provide a proper response-what to do when you receive a summon

1.The first thing to do after receiving a summon is to call the sender of the summon with the aim of resolving the dispute amicably.

2.Though it is not mandatory to answer a summon,it is still advisable to send an appropriate answer to the summon.

3.If case one fails to send an answer to a summon, the other party may use that as an advantage, and while drafting the petition, they may blame for not adhering to the requirements of the summon, for which reason the case has been filed.

4.If, in one’s opinion, the facts that have been stated in a summon are not true, and he needs to contest a summon. He can take consultation from an experienced advocate, seek his assistance, and draft a proper answer to the summon, denying the contents stated in the summoning. The summon must be sent via registered post or courier.

5.While sending an answer to the summon, check whether the claim in the summon is time-barred or not. If the claim is time-barred, then one should only answer that the claim is not within the limitation period.

Conclusion

Receiving a summons is the most important stage before a legal suit since it may influence a decision. Hence, although it is not an order of the court it is vital that one responds to a summons.

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INADEQUACY INFRASTRUCTURE…

INADEQUACY INFRASTRUCTURE IN INDIAN COURTS

·         According to the Chief Justice of India, developing a strong judicial infrastructure for Indian courts has always been a secondary concern. Because of this mentality, courts in India continue to function in outdated buildings, making it impossible for them to carry out their duties properly, as was noted on October 23, 2021 during the ground-breaking ceremony for the Bombay High Court Bench's Aurangabad expansion wing building.

·         Chief Justice of India proposes one central organization with some power to manage the construction of subordinate courts' infrastructure. Only a combined five States used 84.9 crores of the total 981.98 crores sanctioned in 2019–20 under the Centrally Sponsored Scheme (CSS) for the construction of court facilities, leaving the majority(91.36%) of funds unutilized. This underutilization of funds is not a COVID-19 pandemic-related aberration. When the CSS was first implemented in 1993–1994, the problem had already been affecting the Indian judiciary for about 30 years.

·         The proposal for the creation of the NJIAI had been forwarded to the Ministry of Law and Justice, and the Chief Justice of India stated that he wished for a good solutionshortly. Additionally, he has requested Kiren Rijiju, minister of law and justice, to quicken the procedure and see to it that the legislation to establish the NJIAI is discussed during the winter session of Parliament. According to the Chief Justice of India, the institutionalization of the process for enhancing and developing cutting-edge judicial infrastructure is the finest present we can conceive of offering to our people and our nation in this 75th year of our Independence.

·         The infrastructure of the Indian judiciary has not kept up with the enormous volume of lawsuits filed annually. A conclusion is reinforced by the fact that although there are 24,280 authorized judicial officials in the nation, there are only 20,143 rooms of the courts available, including 620 rented halls. Additionally, there are only 17,800 residential units available for court officials, including 3,988 rentals. Up to 26% of court facilities lack separate restrooms for women, while 16% of lack male restrooms. Only 51% of court complexes feature libraries, and only 32% of rooms of the courts have separate record rooms. Only 51% of court complexes include a library, and only 5% of court complexes have basic medical services. Only 27% of rooms of the courts have a computer stationed on the judge's dais with a videoconferencing capacity, despite the epidemic forcing the majority of courts to adopt a hybrid form of hearing, that combines physical and videoconferencing modes.

·         The Centre informed the Supreme Court on 26th April, 2022 that problems like the absence of adequate infrastructure to meet the expanding needs of the judiciary and the bar in the national capital can be examined in conjunction with the supreme court registry. The overcrowding in the hallway of the Supreme Court was described as dreadful by a bench made up of Justice Vineet Saran and J. K. Mahesction. We don't walk through the hallways. They also suggested that the federal government take action. The bench stated that the Centre must take action and that it is not the court's responsibility to provide a solution.

·         In his appearance on behalf of the Centre, Solicitor General Tushar Mehta claimed that the case was not adversarial and that he was in contact with the government. He added that the matter might be heard within four weeks. The bench took notice of the arguments and stated that the Centre might examine the issues raised in the plea after consulting with the petitioner's attorney and the registry of the supreme court. In a PIL filed by bar leader Ardhendumauli Kumar Prasad on March 8, 2022, the top court requested responses from the Centre and the apex court's registry in order to address the growing demand for judicial infrastructure for all courts, including the subordinate judiciary, tribunals, the Delhi High Court, and the bar in the national capital. The bench then scheduled the PIL for a hearing on July 20.

·         The bench stated on 25th April, 2022 that it needed to know the Central government's position on the plea, and it set the topic for discussion with the solicitor general on Tuesday. The PIL asked to develop a judicial vista close to the apex court's premises. The PIL has also sought direction fromthe Ministry of Law and Justice and the Housing and Urban Affairs to constitute a central authority, funded by the Consolidated Fund of India, to cater to the need for judicial infrastructure under the administrative control of the Chief Justice of India (CJI).

·         The argument made in the petition claimed that the lack of judicial infrastructure—rooms of the courts, basic amenities, etc.—for judges, attorneys, and litigants in the subordinate judiciary and tribunals across the nation is a very serious problem and that the judiciary's lack of independence in this regard and its reliance on the federal government and state governments undermines the cause of judicial independence. The National Judicial Infrastructure Authority must be established because judicial infrastructure independence is crucial to advancing the cause of judicial independence and is one of the most fundamental constitutional rights.

·         Article 14, which establishes the Rule of Law as the cornerstone of the administration of justice, is the most important provision in the Constitution. Given the amount of work the nation's top court gets and the growing Bar, realising the rule of law hinges on having an adequate and proper infrastructure. It has asked for the building of a sizable, multi-level courthouse complex with 45 to 50 rooms, each equipped with video conferencing technology and enough seats for litigants, attorneys, law clerks, and interns. A multi-level structure with 5000 chambers for senior attorneys, attorneys-on-record, and attorneys, as well as the necessary amenities, has also been requested. In addition, the petition demanded adequate creche facilities to accommodate the numerous women.

·         An analysis of the infrastructure in 12 district courts in New Delhi and the NCR revealed many basic amenities lacking, including restrooms, guide maps, and ramps for the physically disabled, underscoring the need for a more in-depth discussion on how Indian courts are constructed and maintained. Political, social, and economic factors are frequently discussed in discussions access to justice, but accessibility and comfort in physical access are rarely discussed. Unfortunately, the Indian judiciary continues to under-analyse the topic of physical infrastructure.

CONCLUSION/SOLUTION-

Consequently, providing more accessible navigational aids, sanitary restrooms, many facilities permitting barrier-free access for people with disabilities, and inadequate security features for rooms of the courts is the option for improving the circumstances of Indian courts-

1. In addition to ordering the construction of new courts, the Supreme Court should require all High Courts to produce yearly infrastructure status reports that include information on budgetary expenditures and actions to maintain and renovate current court facilities. District Courts should be required by High Courts to follow suit.

2. In collaboration with the Supreme Court, the Ministry of Drinking Water and Sanitation can revitalize the Swachh Nyayalaya program.

3. The National Court Management System(NCMS) study is outdated and does not consider what is needed for contemporary court complexes. The Supreme Court must reassemble the NCMS and update the baseline report to reflect current requirements.

4. The public and litigants need a forum to hear their complaints. To do this, the Ministry of Law and Justice can develop a platform on the current Bhuvan-Nyaya Vikas webpage to solicit visitor comments to courthouses. To handle complaints from litigants and users, each district court shall establish an infrastructure grievance redressal cell and select an appropriate authority from the Registry inside the court complexes. The High Courts may supervise establishing such grievance redressal cells in each district court within their authority.

5. The NCMS study suggests that a guidance map, facilitation, welcome centre, and a document filing counter should be located near the complex's entrance. Only two features—a tour map and a help desk—were included in the study, which was limited to looking at whether each court complex possessed them. Only 20% of district courts (133 out of 665) had maps, and only 45% of court complexes (300 out of 665) had assistance desks. West Bengal and Sikkim were two states with the poorest overall performance on this metric.

6. Every district court complex should include a dedicated waiting room for litigants and the general public, according to the NCMS study. Bihar and Rajasthan were the two states with the fewest courthouses with designated waiting spaces. Only 54%, or 361 district court complexes, had designated waiting for places, despite this being a fundamental necessity. Bihar and Rajasthan were the two states with the fewest courthouses with designated waiting spaces.

7. Information about the courtroom number, the presiding judge, and the active case number is shown on an electronic case display board. An electronic case display board should be present upon admission and in the waiting rooms, according to the NCMS study. Electronic case display boards at the entrance and waiting rooms were present in just 26% of the court facilities.

8. The NCMS study recommends separate, well-maintained, gender-segregated restrooms for litigants, guests, and attorneys. The least amount of court complexes with working toilets was found in Goa, Jharkhand, Uttar Pradesh, and Mizoram. There were only men's restrooms at about 100 district court facilities. The unhygienic conditions in court complexes are also a sign that government programs like SwacchNyayalayas, which were meant to build and maintain restrooms in 16,000 court buildings, have failed.

9. According to the NCMS study, court facilities must have an accessible architecture that is universal and adaptable to local demands and situations. On this metric, the majority of district court facilities did poorly. Only 27%, or 180 court complexes, had ramps or elevators for access. In comparison, only 11%, or 73 court complexes, had bathrooms specifically for people with disabilities, and only 2%, or 13 court complexes, had features for visual aids.

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The break down of the…

The break down of the doctrine of Res-Judicata

The meaning of Res is Subject Matter, and the meaning of judicata is adjudged together meaning “a matter adjudged”. In easier words, the thing has been concluded by the court. If the matter has already been settled by a court between the same parties, the same subject matter cannot be tried by another court. Hence, the court will put away or dismiss the lawsuit as another court has concluded it. The Doctrine of Res Judicata applies to both criminal and civil legal systems. There is no lawsuit directly or indirectly tried in a previous suit that can be tried once more.

Example of Res Judicata

• ‘X’ sued ‘Y’ as he didn’t pay rent. ‘Y’ requested the reducing the amount of rent on the foundation as the amount of the land was less than mentioned on the lease documents. The Courts concluded that the land was greater than shown in the lease. The land was excess and the doctrines of Res Judicata will not be applied.

• In a lawsuit, ‘X’, the civil suit was filed in which the respondents requested that the Court put away or dismiss the civil suit with an appeal of Res Judicata. The Court declared that the doctrine of Res Judicata must be proved with the help of evidence. Due to Res Judicata, her claim was barred.

Pre-requisites for Res Judicata:

• A judicial decision by an experienced court or tribunal,

• Final and binding and

• Any decision made on the merits

•  A fair hearing

• Previous decision correct or incorrect is not pertinent. 

Nature and scope of Res Judicata

Res Judicataconsists of two principlesof claim preclusion and matter preclusion. Matter preclusion is also known as collateral estoppel. The litigants of the case do not have the right to sue each other one more time after the final judgment on the ground of merits. For example, if a plaintiff loses a lawsuit against the respondent in the lawsuit say A, he cannot sue the respondent again in lawsuit B based on the same facts and events. I should not exist in a different court with the same facts and events in a different court. Whereas in matter preclusion, it prohibits the re-litigation of matters of law that the judge has already determined as part of an earlier lawsuit.

The scope has been concluded in the lawsuit of Gulam Abbas v. State of Uttar Pradesh. In this lawsuit, the court incorporated the rules as evidence to appeal a matter already tried in an earlier lawsuit. Judgment of this lawsuit was difficult as the judges should apply Res Judicata. It was concluded that Res Judicata is not exhaustive and even if the matter is not directly covered under the provisions of the section, it will be considered a lawsuit of Res Judicata on general doctrines.  

Doctrine of Res-Judicata

The doctrine of Res Judicata seeks to encourage the fair administration of justice and honesty and to prevent the law from being abused. The doctrine of Res Judicata is applicable when a litigant attempts to file a subsequent civil lawsuit on the same subject matter after receiving a judgment in a previous lawsuit wherein the parties are same and the subject matter as well. In many jurisdictions, this applies not only to the specific claims made in the first lawsuit but also to claims that could have been made during the same lawsuit.

Section 11 of the Code of Civil Procedure Codeincorporates the doctrine of Res Judicata also called the “rule of conclusiveness of judgment”. The doctrine of Res Judicata was laid down as a principle in India in the lawsuit of Satyadhyan Ghosal v. Deorjin Debi. Judge Das Gupta, J. gave the judgment of the court And it was appealed by the landlords who attained a decree for ejectment against the tenants who were Deorajin Debi and her minor son. Still, they cannot get the possession in implementation soon after the judgment was made. Under Section 28 of the Calcutta Thika Tenancy, a petition was made by the tenant and alleged that they were the Thika tenants. This petition was resisted by the landlords saying they were not Thika Tenants within the meaning of the Act.

The people who were tenants moved to the High Court of Calcutta under the Civil Procedure Code. The court applied the doctrine of Res Judicata to achieve finality in litigation. The outcome came that the original court, as well as the higher court, can proceed with any future litigation on the basis that the previous decision was correct.

The doctrine of Res Judicata says –

• No case should be tried twice for the same reason.

• State has the power to decide there should be an end to a litigation

• The decision of the court must be accepted as the correct decision.

Res Judicata landmark judgements

International

Lowe v. Haggerty

In the case of Lowe v. Haggerty, an important question was raised considering the effect of the former judgment on the respondent when the guest sued him. It was held that a suit was barred.   There has not been the former record that disclosed what was in the first proceeding. It was decided by the courtthat it was not possible to determine what was the matter involved in the previous suit. The court disposed of the record made by the parties in a similar situation. Nonsuit was not granted in this lawsuit and the plaintiff’s appeal was refused.

India

Daryao v. State of Uttar Pradesh-

In the historic lawsuit of Daryao v. State of Uttar Pradesh, the doctrine of Res Judicata of the universal petition was established. The Apex Court of India i.e.; the Supreme court placed the doctrine of Res Judicata on a broader foundation. In this lawsuit, petitioners filed a writ petition in the High Court of Allahabad under Article 226 of the Constitution. But the suit was put away or dismissed. Then both had independent petitions in the Supreme Court under the writ jurisdiction of Article 32 of the Constitution. The respondents objected to the petition by asserting that the prior decision of the High Court would be operated as Res Judicata to a petition under Article 32. The Supreme Court put away or dismissed and disagreed with the petitions.

It was the decision of the court that the Doctrine of Res Judicata applies to a petition under Article 32 of the Constitution. If the petitioner files a petition in the High Court under Article 226 of the Constitution and it is put away or dismissed on the basis of the worth, it would be operated as Res Judicata to bar a similar petition in the Supreme Court under Article 32 of the Constitution.

 

 

Devilal Modi vs. Sales Tax Officer-

In the leading lawsuit of Devilal Modi vs. Sales Tax Officer, the respondent challenged the validity of an order of assessment under Article 226. The petition was put away or dismissed based on merits. The Supreme Court also rejected the appeal against the order based on merits. The respondent again filed another writ petition in the same High Court against the same assessment order. This time the petition was put away or dismissed by the High Court. The Apex Court of India i.e., Supreme Court held that the doctrine of Res Judicata barred the petition.

Conclusion

The Doctrine of Res Judicata can be perceived as forbidding parties to shift the time back during the unresolved proceedings. This principle can be implemented in the exterior of the Code of Civil Procedure and covers many areas related to society and people. The ceiling of Res Judicata is vast and involves many things, including Public Interest Litigation. The reach has widened with the transit of time, and the Supreme Court has broadened the areas with its judgments.

*****

How is 'BLACK MAGIC'…

How is 'BLACK MAGIC' governed in India

Black magic has been practised in India for a long time and is a social evil in our country supported by people's religious beliefs. There are several examples where in the context of healing the sick person, the person is thrashed for days, exorcisms are performed, or the person is thrown down the well. Recent cases of murder committed in the name of superstition expose the perverse side of India's modern civilisation. Although education is essential in ending such activities, there is also a legal obligation to address the pervasive usage of black magic. Since some believe these customs and rituals carried out in the name of God may be considered a manifestation of religion, there is a narrow line between faith and superstition that needs to be specified in legislation. The Anti-Superstition Bill of India has this concept but has not yet become an act. There is no legislation in India applicable nationwide, even after multiple bizarre incidents, one of which is the Burari case in the national capital of Delhi itself. There are a few state legislations that criminalise the practice of Black Magic and punish people for practising it, Maharashtra and Karnataka being two states.

ANTI-BLACK MAGIC LAWS IN INDIA

Black magic crimes and other superstitious offences violate the fundamental rights guaranteed by Articles 14, 15, and 21 of the Indian Constitution. These acts also constitute violations of several international treaties, among them the "Universal Declaration of Human Rights," the "International Covenant on Civil and Political Rights," and the "Convention on the Elimination of All Forms of Discrimination Against Women," all of which India is a signatory. When we talk about what black magic exactly means, there is no established definition of what black magic is due to a lack of nationalised legislation for the same. However, the reality on the ground continues to be considerably different even though the constitution and international law guarantee fundamental rights. The Indian Penal Code's flaws are mostly to blame for this. Some Indian states have recognised the need for specific anti-black magic laws since 1999 in light of this situation. However, very few have done so, and those that have, fall short in execution. However, there have been multiple bills that have attempted to define black magic. The first iteration of the anti-superstition bill was introduced in 2003, marking the beginning of the bill's history. The bill from 2003 was known as the JaduTonaAndhshradha Virodhi. The bill's proposal was the first time law of this kind had been introduced anywhere in the nation. The definition of superstition was deemed excessively broad by most parties, who fiercely opposed the law. What would have been belief and faith to one person may have been superstition and blind faith to another. Despite these disagreements, the law eventually passed with certain modifications. Problems developed as the elections got underway, despite the bill waiting for approval from the federal government for nearly seven months. According to the President, enacting new legislation would not be proper because the administration would soon change. As a result, the bill did not become law as fate would have it. However, that was not the end of the adventure. Two years later, in March 2005, a new draft was submitted, almost identical to the one proposed in 2003, with a few minor adjustments. On December 16, 2005, an adjusted version was ultimately approved. The March bill included a relatively broad description of "Black Magic" or "blind faith". Treating, curing, or healing physical and mental problems while causing material or financial damage to a person includes practising by oneself or via another while claiming to have supernatural powers, divine powers, or the power of the spirit. Thus, this description would have included additional diverse practices like Voodoo, Wicca, and Reiki. However, the current bill has entirely deleted this because it doesn't appear to cover the practices of other religions like Islam and Christianity. The current bill has been dubbed as being anti-Hindu. Certain states have taken the step further to convert such bills into laws.

MAHARASHTRA

The Maharashtra state government passed the much publicised Anti-superstition bill, The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013. The law aims to make it illegal to engage in black magic, sacrifices of human beings, the use of magic to treat illnesses, and other practices that prey on people's superstitions. The Act aims to reduce superstitions resulting in monetary loss and physical harm. If found guilty, the criminal faces a sentence between six months and seven years in prison and a fine between Rs. 5,000 and Rs. 50,000. All of these offences are non-bailable. Suppose the accused has been found guilty under the law. In that case, the competent court must order the police to publish the location of the offence and other pertinent information about it in the local newspaper.

KARNATAKA

The state of Karnataka, following in Maharashtra's footsteps, asked law students of the National Law School in Bangalore. The students drafted the Karnataka Prevention of Superstitious Practices Bill, 2013. The anti-superstition Bill is the name given to this legislation. It is anticipated that it will stop a variety of cruel customs, including witchcraft, black magic, and acts committed in the name of a religion that endangers both people and animals. It includes clauses to deal harshly with terrible activities, including human sacrifice, flaunting naked women and sexual exploitation through the use of supernatural forces. Recently Karnataka Cabinet cleared the Prevention and Eradication of Inhuman Evil Practices and Black Magic Bill, 2017.

INITIATE ACTION UNDER INDIAN LAWS.

In other territories of India, where there is no special legislation to deal with the practice of black magic, any person can still lodge an FIR under Section 154 of CrPC to report activities related to black magic for the police to investigate. According to section 508 of IPC, whoever voluntarily causes or attempts to induce any person to do anything which that person is not legally bound to do or to omit to do anything which he is legally entitled to do by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to force him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Even though there is no exact provision to deal with the issue of black magic, this is the closest law has gotten to trying to resolve the problem. This provision provides for any act done in fear of divine wrath, and if any person has induced such act, then such person shall be punishable for an offence under this section. Furthermore, even if action can't be taken against a person for the very act of black magic, the aftermath of the same can constitute an offence, for which a person can be punished under the Indian Penal Code, for instance, if an individual is abetted in making a killing, the same can constitute as murder and abetment to murder, here all that is required is that satisfaction of all the essentials to prove the crime. Anyone convicted for a human sacrifice that is murder will be punished under Section 302 of the IPC, Section 307 (attempt to murder), or Section 308 (abetment to suicide). The punishment for murder is death or imprisonment for life,liable to pay afine.

Similarly, a person who fraudulently makes another person believe something untrue can be held liable for fraud. It must be understood that even if there is no legislation to deal with the same, one can take action against a person under IPC while understanding the offence in its capacity.

COURT PRECEDENT

  1. Sushil Murmu v. State of Jharkhan (2003)

Learned counsel for the respondent-State submitted that a 9-year-old child was sacrificed most brutally and diabolically. This case falls within the "rarest of rare" category; therefore, the death sentence has been rightly awarded. The court ruled that "Superstition can not justify any killing, much less a planned and deliberate one. No amount of superstitious colour can wash away the sin and offence of an unprovoked killing, more so in the case of an innocent and defenceless child."

2.      Ishwari Lal Yadav v State of Chhattisgarh (2019)

In October 2019, a three-judge bench of the Supreme Court in Ishwari Lal Yadav v State of Chhattisgarh (2019) confirmed death sentences for the married couple Kiran Bai and Ishwari Yadav in a case involving the human sacrifice of a two-year-old.2 Relying on the guidelines laid down in Sushil Murmu v State of Jharkhand (2004) (another case on human sacrifice), it held that the present case was "the rarest of the rare," meriting the death sentence, as had been rightly held by the courts below. In the Ishwari Lal Yadav case, the Court completely disregarded the cultural context of human sacrifice and its implications on questions of culpability in criminal law. It is argued that the Court's approach is contrary to the principle of individualised sentencing and ignores evidence on the complex anthropological and psychological dimensions of human sacrifice.

 

CONCLUSION

Tackling superstition through legislation is only half the battle. There is a need to educate the masses using mass media, street plays, and social media campaigns. Our conventional education system also must be equipped to tackle the scourge of superstition. Legislators are making a valiant attempt to stop crimes done under the pretext of black magic, promising innocent people things that are unrealistic and untrue. India needs superstition law, but there needs to be a discussion on what should be included. The force of law cannot dispel any superstition. A mental shift is required for it. However, laws targeting superstitious practices that are dehumanising, cruel, and exploitative must be dealt with and looked after.

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